gigag04 wrote:bronco78 wrote:
Mid week, 2200, vehicle observed with a tail light out, plate run, no hits, insurance shows valid.. Lights go on.. driver turns on dome light, turn signal, and pulls over to a parking lot, window rolled down, music turned off, hands on the steering wheel.. contact made, driver makes eye contact and says "good evening, what can I do for you officer?" You ask for ID and insurance, you are handed DL, CHL, Insurance.
Assuming no embellishment from the LEO, and an honest assessment of the contact.. Can you give us an example of how YOU would articulate RS of a safety concern from a CHL to justify disarming in such a situation, to your department chief, the ADA, or a Judge?
Erik
I would explain how I conduct traffic stops during the night time. In the past, I have stopped and arrested CHL holders for DWI and assault family violence. I was made aware that the violator was carrying a loaded weapon while he was being detained for a violation. While the majority of CHL holders are law abiding citizens, in my training and experience (these words are overused, yes, but relevant) I find it safer to operate roadside by temporarily disarming the violator, as allowed under texas law, to ensure my safety. The location of this stop was a busy roadway, and in a high crime area. My senses are already competing for attention by monitoring the flow of cars for both of our safety, watching the violators movements, reading the DL, INS, listening to the radio, and making sure nobody approaches me from behind. These factors combined with monitoring an armed subject in a vehicle, at night time, while conducting the necessary checks of a traffic stop, present a possible, though remote, increase in danger and a threat to officer safety. As a result, the subject was temporarily disarmed for the remainder of the traffic stop.
...Something like that...all the above is reasonable, and not embellished. While I don't disarm CHL holders, I also don't step back to my vehicle because I can see them better. I do the same thing when I think there is dope in the car, but you wouldn't be able to tell by talking with me because I'm so charming
