Thursday, February 23, 2017

Officer Frisk Allowed, Even with Concealed Carry Law

A person that is lawfully stopped by an officer may be subject to a frisk, even if the state grants concealed-carry permits to its citizens

United States v. Robinson, 2017 BL 18217, 4th Cir. en banc, No. 14-4902, 1/23/17.

The Fourth Circuit held that officers may frisk lawfully stopped citizens in states that grant concealed-carry permits, following the jurisprudence developed under Terry v. Ohio, Pennsylvania v. Mimms, and their progeny. The purpose of a frisk is to prevent the violent use of a weapon, so an officer frisk is warranted even if the person’s possession of a gun is allowed under the state’s concealed-carry laws. Even if there is a concealed-carry law in place, it does not necessarily prevent the danger that an encounter with a law enforcement officer imposes.

https://www.bloomberglaw.com/public/desktop/document/United_States_v_Robinson_No_144902_2017_BL_18217_4th_Cir_Jan_23_2?1486503049

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