Kharn
Ultimate Member
Decision here
"because the carrying of a concealed firearm is not itself illegal in West Virginia, and because the circumstances did not otherwise provide an objective basis for inferring danger, we must conclude that the officer who frisked Robinson lacked reasonable suspicion that Robinson was not only armed but also dangerous."
"Today in West Virginia, in other words, there is no reason to think that public gun possession is unusual, or that a person carrying or concealing a weapon during a traffic stop is anything but a law-abiding person who poses no danger to the authorities."
"[W]e conclude that in states like West Virginia, which broadly allow public possession of firearms, reasonable suspicion that a person is armed does not by itself give rise to reasonable suspicion that the person is dangerous for Terry purposes."
Cliff notes:
-Individual spotted loading and concealing handgun before getting into a car by an anonymous concerned citizen who called the police
-Police found and stopped the vehicle for a traffic infraction
-Cooperative passenger Terry frisked for weapon and a handgun was found on his person
-Passenger then recognized as a convicted felon and arrested.
-The court found the Terry frisk was not justified because Terry requires the person be suspected of being both armed and dangerous, and nothing the passenger was reported to have done was illegal for ordinary people (presumed to have a CCW).
So, if you're in a shall-issue state, the police need to articulate that you could be dangerous before you can be searched for a possible firearm, and suspected possession of a firearm is not sufficient. I wonder how useful this will be towards localities hostile towards carry harassing any OC or CCer they encounter.
"because the carrying of a concealed firearm is not itself illegal in West Virginia, and because the circumstances did not otherwise provide an objective basis for inferring danger, we must conclude that the officer who frisked Robinson lacked reasonable suspicion that Robinson was not only armed but also dangerous."
"Today in West Virginia, in other words, there is no reason to think that public gun possession is unusual, or that a person carrying or concealing a weapon during a traffic stop is anything but a law-abiding person who poses no danger to the authorities."
"[W]e conclude that in states like West Virginia, which broadly allow public possession of firearms, reasonable suspicion that a person is armed does not by itself give rise to reasonable suspicion that the person is dangerous for Terry purposes."
Cliff notes:
-Individual spotted loading and concealing handgun before getting into a car by an anonymous concerned citizen who called the police
-Police found and stopped the vehicle for a traffic infraction
-Cooperative passenger Terry frisked for weapon and a handgun was found on his person
-Passenger then recognized as a convicted felon and arrested.
-The court found the Terry frisk was not justified because Terry requires the person be suspected of being both armed and dangerous, and nothing the passenger was reported to have done was illegal for ordinary people (presumed to have a CCW).
So, if you're in a shall-issue state, the police need to articulate that you could be dangerous before you can be searched for a possible firearm, and suspected possession of a firearm is not sufficient. I wonder how useful this will be towards localities hostile towards carry harassing any OC or CCer they encounter.
Nice big ol paragraph though.. lol
