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Old 04-12-2016, 05:59 PM
 
79,907 posts, read 44,241,574 times
Reputation: 17209

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Quote:
Originally Posted by Loveshiscountry View Post
No they can't. Again when you are written a speeding ticket you cannot be subject to a pat down.
It happens all the time..... I am not going to go round in circles over this. If you do something illegal they can pat you down. Most times there is no reason to in a traffic stop. Smell an odor or alcohol you are going to get taken from the car and given the treatment which will include being patted down.
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Old 04-12-2016, 06:07 PM
 
Location: When you take flak it means you are on target
7,646 posts, read 9,957,969 times
Reputation: 16466
Speaking for myself as a civilian. It is ALWAYS going to be cheaper and less trouble if you can avoid shooting some scumbag than if you have to shoot them to stop them from killing you.

I understand this cops actions, that while he was fully justified in shooting the guy throughout most of the encounter, he was able to contain the threat and no have to end up in a big inquiry and possible media hanging, etc.

The law in my state says IMMEDIATE threat. That judgement is subjective. The fact the guy is in range with a knife is certainly immediate and justifiable for defensive action. But in the officers judgement it wasn't immediately necessary to shoot the BG.

Could the officer have stopped a charge with a mag dump on the BG if he had charged with the knife? Who knows. Probably, maybe, maybe not. Getting a central nervous shot on a charging, running man is luck not skill for even a top competition shooter. That is why people usually don't take chances.

PS - Don't bring a knife to a gunfight.
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Old 04-12-2016, 08:16 PM
 
Location: california
7,321 posts, read 6,932,054 times
Reputation: 9258
If a cop pulls me over I cooperate ,it's what you do.
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Old 04-13-2016, 08:09 AM
 
Location: Texas
37,949 posts, read 17,882,153 times
Reputation: 10371
Quote:
Originally Posted by pknopp View Post
It happens all the time..... I am not going to go round in circles over this. If you do something illegal they can pat you down.
No they can't. Why don't you make an effort and read Terry v Ohio. I've already given you their ruling so quit arguing like a child and face the fact that you are wrong.
Quote:
Originally Posted by pknopp View Post
Most times there is no reason to in a traffic stop. Smell an odor or alcohol you are going to get taken from the car and given the treatment which will include being patted down.
No they can't and many cases in different states say the same thing. Only when an arrest for the DUI has been made. That's basic knowledge.
They can't do it based on the smell of marijuana in states where it's legal and they can't do it based on the smell of alcohol.

“Were we to adopt the state’s suggestion that scent alone furnishes probable cause of a crime, medical marijuana patients would become second-class citizens, losing their rights to privacy and security, including privacy within their own homes.”

Court Rules 'Marijuana Odor Is Not Sufficient' For Cops To Have 'Probable Cause' - Counter Current News

State of Kansas v. Stevenson: The Supreme Court of Kansas rules that the odor of alcohol, alone, does not establish the probable cause needed to search a vehicle

Supreme Court of Kansas: Alcohol Odor NOT Probable Cause to Search Car
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Old 04-13-2016, 08:17 AM
 
79,907 posts, read 44,241,574 times
Reputation: 17209
Quote:
Originally Posted by Loveshiscountry View Post
No they can't. Why don't you make an effort and read Terry v Ohio. I've already given you their ruling so quit arguing like a child and face the fact that you are wrong.
Let's restate your argument......your argument is that if you do something illegal the police can not pat you down. I really have no need to argue that any more than I do that the tooth fairy is real.
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