Re: Pulled over ... while walking
Posted: Tue Jan 13, 2009 3:25 pm
GC 9411.207. AUTHORITY OF PEACE OFFICER TO DISARM.
(a) A peace officer who is acting in the lawful discharge of the
officets official duties may disarm a license holder at any time the
officer reasonably believes it is necessary for the protection of the
license holder, officer, or another individual. The peace officer shall
return the handgun to the license holder before discharging the license
holder from the scene if the officer determines that the license holder
is not a threat to the officer, license holder, or another individual and if
the license holder has not violated any provision of this subchapter or
committed any other violation that results in the arrest of the license
holder.
Now I am no lawyer.....but I would think if an officer feels the need to "restrain" you for his safety, or your's for that matter, he might: A. Handcuff you, B. have you lie down etc. or C. Place you in the backseat of his car. All this while he checks out your story. Just based on the law above, I'll bet there is some statute that also gives him this right.
Best bet when dealing with the "law" is to "Yes sir, no sir three bags full sir!" Until he lets you go. Irritating him isn't going to go well and based on a few "accidental" discharges that have occured lately, you might find yourself "dead but right."
How you look, how you were acting prior to being stopped, and where you are stopped will all play into the "mindset" of the officer. Remember: If it looks like a duck.......He's already made the choice to "return home alive" so you must put yourself in his shoes. I always tell my kids that you never know who you might be dealing with. Maybe his boss just chewed him out, his girlfriend left him, he's got a hangover or his dog just died. Maybe you look just like the guy that robbed a little old lady down the street! Be respectful and cooperate. If you do and it goes bad, you can have your day in court later.
(a) A peace officer who is acting in the lawful discharge of the
officets official duties may disarm a license holder at any time the
officer reasonably believes it is necessary for the protection of the
license holder, officer, or another individual. The peace officer shall
return the handgun to the license holder before discharging the license
holder from the scene if the officer determines that the license holder
is not a threat to the officer, license holder, or another individual and if
the license holder has not violated any provision of this subchapter or
committed any other violation that results in the arrest of the license
holder.
Now I am no lawyer.....but I would think if an officer feels the need to "restrain" you for his safety, or your's for that matter, he might: A. Handcuff you, B. have you lie down etc. or C. Place you in the backseat of his car. All this while he checks out your story. Just based on the law above, I'll bet there is some statute that also gives him this right.
Best bet when dealing with the "law" is to "Yes sir, no sir three bags full sir!" Until he lets you go. Irritating him isn't going to go well and based on a few "accidental" discharges that have occured lately, you might find yourself "dead but right."
How you look, how you were acting prior to being stopped, and where you are stopped will all play into the "mindset" of the officer. Remember: If it looks like a duck.......He's already made the choice to "return home alive" so you must put yourself in his shoes. I always tell my kids that you never know who you might be dealing with. Maybe his boss just chewed him out, his girlfriend left him, he's got a hangover or his dog just died. Maybe you look just like the guy that robbed a little old lady down the street! Be respectful and cooperate. If you do and it goes bad, you can have your day in court later.