Florida officer accidentally shoots motorist with his own gun

richc said:
I believe in MA case law is clear. One cannot be removed from a vehicle solely because they are legally carrying. Can't be removed for a lawful activity unless there are other concerns. Verified with an LEO. Not sure in Florida.

The guys was pleasant, respectful, complied fully and honestly, and gave no signs he was a threat.

Did you see the blood loss this guy suffered?

I'll bet Ben Crump was on the next plane to Florida.
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That’s true in Mass. A cop needs reasonable suspicion that someone is armed AND dangerous in order to frisk them and secure their weapon. A motorist who is only suspected of committing a traffic violation and who has a valid LTC does not fit that criteria. I’m not saying cops disarming people on stops doesn’t happen but legally it shouldn’t.
 
richc said:
I believe in MA case law is clear. One cannot be removed from a vehicle solely because they are legally carrying. Can't be removed for a lawful activity unless there are other concerns. Verified with an LEO. Not sure in Florida.

The guys was pleasant, respectful, complied fully and honestly, and gave no signs he was a threat.

Did you see the blood loss this guy suffered?

I'll bet Ben Crump was on the next plane to Florida.
Click to expand...

Yeah Ben Crump is an absolute piece of shit. Stands on corpses to rise above.
 
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Sunny said:
It's an unbelievably big deal. Multiple civil rights violations, multiple criminal violations, negligent assault with a deadly weapon resulting in hospitalization, physical and emotional trauma, chronic medical complications, on a black man if you want to throw that card in too...and it was all on bodycam for the world to see. It's a big deal. He'll be happy with the settlement (and I'm sure it'll break seven figures).
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If it wern't for the body cams, the driver would probably be facing charges.
 
WJ406 said:
That’s true in Mass. A cop needs reasonable suspicion that someone is armed AND dangerous in order to frisk them and secure their weapon. A motorist who is only suspected of committing a traffic violation and who has a valid LTC does not fit that criteria. I’m not saying cops disarming people on stops doesn’t happen but legally it shouldn’t.
Click to expand...


Absolutely not. The cops can frisk anyone any time during a lawful stop with reasonable suspicion. What judge is going to say their actions were unreasonable? They can also get someone out of a vehicle any time during a lawful stop without any explanation. This is where the officer safety statute that doesn’t really exist kicks in. It was for our safety.
 
CR2001 said:
Absolutely not. The cops can frisk anyone any time during a lawful stop with reasonable suspicion. What judge is going to say their actions were unreasonable?
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The original Terry v Ohio case requires that you need "reasonable articulable suspicion" based on facts in order to conduct a patdown for weapons. A cop can't walk down the street and pat everyone down that passes him. The suspicion that someone is armed AND dangerous cannot be a hunch, it must be reasonable and articulable. A lot of cops bend and twist their version of "armed and dangerous" so it fits everyone so they can intimidate with patdowns (i.e. patdown on 1A auditors who obviously don't pose any threat). Don't let cops abuse this privilege.
CR2001 said:
They can also get someone out of a vehicle any time during a lawful stop without any explanation. This is where the officer safety statute that doesn’t really exist kicks in. It was for our safety.
Click to expand...
Another dumb ruling, Penn v Mimms. Cops can order you out of the vehicle for any reason. Again, cops exercise that not for safety purposes, but for intimidation purposes.
 
Sunny said:
The original Terry v Ohio case requires that you need "reasonable articulable suspicion" based on facts in order to conduct a patdown for weapons. A cop can't walk down the street and pat everyone down that passes him. The suspicion that someone is armed AND dangerous cannot be a hunch, it must be reasonable and articulable. A lot of cops bend and twist their version of "armed and dangerous" so it fits everyone so they can intimidate with patdowns (i.e. patdown on 1A auditors who obviously don't pose any threat). Don't let cops abuse this privilege.

Another dumb ruling, Penn v Mimms. Cops can order you out of the vehicle for any reason. Again, cops exercise that not for safety purposes, but for intimidation purposes.
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This is during a lawful stop. We’re not talking about just walking down the street randomly stopping people.
You get pulled over. Cop feels like frisking you. It’s happening. No judge in Mass is going to fault them.
 
If I get pulled over, no matter the state or whether disclosure laws apply, I won’t be disclosing anything unless I’m about to be arrested or searched. They can f themselves
 
WJ406 said:
That’s true in Mass. A cop needs reasonable suspicion that someone is armed AND dangerous in order to frisk them and secure their weapon. A motorist who is only suspected of committing a traffic violation and who has a valid LTC does not fit that criteria. I’m not saying cops disarming people on stops doesn’t happen but legally it shouldn’t.
Click to expand...

If you watch the video he volunteered that he was armed after he was asked if he had “anything crazy in there.

I wouldn’t have offered unless I was asked to step out of the car as I don’t consider lawfully carrying a firearm “anything crazy” and Florida isn’t a duty to notify state.
 

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