Arrest many people with an empty holster and a gun concealed elsewhere on there person, do you?gigag04 wrote:I see your point, but I respectfully disagree. I think an officer would have an easy time articulating reason to believe a weapon was present. "...Sir, in my training and experience I recognize that a holster worn on the person is often accompanied by a handgun. I observed that a handgun was not present in the holster, and believed that the defendant may have been concealing it elsewhere on his person. I asked the defendant whether he possessed a handgun, and he refused to answer. I asked the defendant for consent to search his person. The defendant refused. Based on my belief that a holster (paraphernalia for a weapon if you will...) is often accompanied by a handgun, I determined that the reasonable suspicion for a Terry frisk was met. The defendant prevented us from conducting a search, and further refused to leave the premises when commanded to do so by a peace officer....ETCsrothstein wrote:I am not sure that an empty holster gives either the suspicion of a crime or the reason to believe there is a danger. Of course, this is a point that is very individual and a court may find that the empty holster is a reasonable suspicion.
Would you consider a gun t-shirt or 5.11 pants reasonable suspicion for a search too?
It would be like stopping someone on Halloween because they are wearing a cape.
