CCW holders - cuffed during traffic stop?

[east_stingray]

Originally Posted by The Tengu

I didn't say those exact words, so they don't really belong in quotes.

An officer can detain an individual with reasonable suspicion of an offense.

If I think they are a fight or flight risk, I cuff them.

Simply handcuffing someone does not equal an arrest, especially if they're let go five minutes later. Check Riordan and Bruzy v. Trooper Joyner.

Sorry, you're right... I wasn't trying to quote you directly... just paraphrasing. I shouldn't have used quotes.

I didn't actually look the case up, so I could be totally wrong, but I thought that once someone was cuffed they had to be mirandized if you wanted to question them, even if you weren't planning on "arresting" them and taking them to county or whatever.

[east_stingray]

Originally Posted by MGD 45

The basic legal definition of "Arrest" is if someone "freedom of movement has been restricted by the police". This means that if I point my finger at you and say, "Stop! Don't move!" then guess what....? Yep, your techically under arrest. Same as when I stop you in your car with your lights & sirens. Are you free to just drive off whenever you want to? No you can't. So technically, your under arrest.

However, all that being said.....the courts have ruled on the handcuffing thing and police may handcuff anyone anytime during the course of performing their job for safety purposes. Doing so doesn't mean that your under arrest for any crime and I don't have to have probably cause to do it. When I'm done with my investigation/stop, then I can simply take them off and release you.

That's what I thought, and that was the point I was trying to get across.

[HumbleGuy]

Originally Posted by The Tengu

Well, I wouldn't cuff you because your attitude is not threatening or suspicious. The only time I really separate a CHL holder from their weapon is if they are at the scene of a disturbance, or something threatening is happening.

I've had a CHL holder chase down a robbery suspect before, and I just told him to keep it holstered.

However I've made the scene of a call where a CHL holder was assaulted, and I put his gun in my car because he was rather pissed off and people do stupid **** when they're pissed off.

It really all depends.

All reasonable to me. Experienced and professional is appreciated.

[Polymerhead]

Originally Posted by Frenchy

There are times when we have to put up with authority, no matter how righteous or misplaced. The side of the road is not where you make your stand...It's in the courtroom.

Dang Frenchy, with the "no-knock" thread floating around I thought you were going to say the place to make your stand would be at 2:30 in the morning when they mistakenly bust through your front door.

Sorry, couldn't resist.