gigag04 wrote:IMHO an empty holster is at least reasonable suspicion that an individual may have a handgun. If the officer can articulate that into a reasonable belief that a danger might be present, I think a Terry frisk is fine.
To refuse the search was his blunder. Hope all ends up ok though.
In fact, under the circumstances, wearing an empty holster could almost be considered an invitation to a Terry frisk.
I understand what the student was trying to advocate, but he failed to recognize the realities under current law. The police were caught in a no win situation and made a conservative judgment call after extensive efforts to make their duty as painless as possible for the student.
As a general rule, if you are on shaky ground and push a point with the police, they're unlikely to just shrug their shoulders and walk away. They're in the business of resolving issues, and the likely end game in such a case is an arrest that throws the matter to the courts to sort out.
Prudent folks find ways to avoid letting things get to that point.