The Search & Seizure Show

What are the rules regarding a temporary seizure of a firearm during a traffic stop?


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Hello everyone, Anthony Bandiero. Here, Attorney Senior Legal and started for Blue to gold law enforcement training, bringing to the roadside chat. Today's question is, what are the rules regarding a temporary seizure of a firearm during a traffic stop?

Great question by officer comes from North Carolina. So, base a little bit of context here, let me read what he or she wrote at a quick question regarding temporary seizing a firearm during a traffic stop. And so, this officer said, Look, I've watched your video about running the firearm, you know, serial numbers and things like that things to kind of think about, I do have another video about that. Um, you know, so he says, in my experience, besides blatantly obvious officer safety issues, right, there's something about the tropics, aka drive by shooting or a brandishing case. You know, we can seize them. Also, drivers will generally allow you to temporary seize a firearm if you ask for it, right. If you say, Hey, do you have any firearms in a vehicle and say yes, especially in a state like North Carolina, where a lot of people likely have firearms, especially if you explain to them why. But the officer also explains that that's not the only option that they do that he does. And maybe he also separates the firearm from the person maybe brings the guy out of the car. Hey, where's the firearm? Under the seat? Okay, fine. Much has come out and we'll do business outside the car. But push comes to shove. Right. The question is, if there are no other reasons, to be concerned for your safety, can we still separate the firearm and seize the firearm? I guess, right, seize the firearm during the traffic stop, even if we have no other reason to believe that they could use that firearm against us? And the answer is yes. Absolutely. Absolutely. Why? Because the firearm equals armed and dangerous. Right? That's Terry versus Ohio, right. So if you don't know about the firearm, they may or may not be armed and dangerous. You gotta articulate that. But the if you know that they have a firearm or have a reasonably the firearm, then they are automatically considered armed and dangerous to Terry Stop level, which is reasonable suspicion enough to seize that firearm during the traffic stop. That just makes sense. Because, you know, look, if a judge is going to second guess, a cop, and say, Hey, you have to have the firearm plus something else? Well, they're gonna have blood in our hands, right? There's gonna be that one cop out there that just can't have those as a gun inside the car, maybe even on the guy's hip. But can't figure out another reason why that gun could be a danger to the officer, then the person flips out on the cop shoots the cop. And now we have this case where the judge says you can't do it, the cop, the judge, is gonna have blood on his hands. Right or her hands. That's just not the way it works. So I've never seen a court case require something more than just a firearm if I mean, if you know the firearms there that is armed dangerous. So at the same time, look, I was a cop in a pro gun, state, Nevada. Everybody had guns. Right. So while well West, and the way I did business was, you know, oftentimes if they said they had a gun, and they were concealed carry permit, and there's nothing shady about them. They're on the up and up...

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The Search & Seizure ShowBy Anthony Bandiero

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