So a terry stop can be used to search your vehicle in a traffic stop, but open carrying alone doesn't justify a terry stop.
Is that right?
Sent from my SCH-R680 using Tapatalk 2
A Terry Stop is not "just another form of encounter", it is a "stop and frisk."Terry stop is just a form of "encounter".
Motor vehicle stuff is different as noted by someone else. Yes they still need RAS to stop your vehicle (brake like out). But as far as pat frisking the vehicles, exit orders, searching the vehicle, what parts they search, etc. Are a whole separate can of worms. Falls under the "motor vehicle exception" since its been deemed that vehicles are subject to warrants like houses are since they are "mobile in nature" or something to that effect.
This isn't blanket stuff and some minute things vary from state to state depending on their state supreme court and case law.
Sent from my XT907 using Tapatalk
A Terry Stop is not "just another form of encounter", it is a "stop and frisk."
The traffic stop is more likely a department policy/cop personal preference thing. In Missouri a cop can arrest, without a warrant, for a busted tail light.I guess what I'm looking for is this:
If I were walking down the street, minding my own business, is OC alone RAS to perform a terry stop?
And the same if I was pulled over in a car, for a reason; speeding, busted taillight, then how does a terry stop come into play?
Sent from my SCH-R680 using Tapatalk 2
I guess what I'm looking for is this:
If I were walking down the street, minding my own business, is OC alone RAS to perform a terry stop?
And the same if I was pulled over in a car, for a reason; speeding, busted taillight, then how does a terry stop come into play?
Sent from my SCH-R680 using Tapatalk 2
If I were to experience a Terry Stop, the only thing the cop(s) will get from me is silent compliance. It is hoped that my recording device will remain operable.Correct. Hence "form" or if you like "level". Its a more intrusive/invasive form of encounter. Your still talking to the person or "encountering them". Its just a level up in invasiveness and correspondingly needs more reason to do so.
Sent from my XT907 using Tapatalk
I guess what I'm looking for is this:
If I were walking down the street, minding my own business, is OC alone RAS to perform a terry stop?
--snipped--
I know Iowa is not a "duty to inform" state.
The reason I'm asking is that in my ccw class, the instructor said he always tells the LEO right away that he is carrying during a traffic stop, but he mentioned an associate of his, a lawyer, will never tell a LEO, and if asked, he will ask the LEO if it pertains to this stop, kind of avoiding the question. He said the reason is if the LEO knows you have a ccw/are carrying, he can invoke the terry clause and can cuff you/"secure" your guns.
Sent from my SCH-R680 using Tapatalk 2
That is the ol' officer safety issue. Don't think you'll get cuffed, but you might get temporarily disarmed.I know Iowa is not a "duty to inform" state.
The reason I'm asking is that in my ccw class, the instructor said he always tells the LEO right away that he is carrying during a traffic stop, but he mentioned an associate of his, a lawyer, will never tell a LEO, and if asked, he will ask the LEO if it pertains to this stop, kind of avoiding the question. He said the reason is if the LEO knows you have a ccw/are carrying, he can invoke the terry clause and can cuff you/"secure" your guns.
Sent from my SCH-R680 using Tapatalk 2
I guess what I'm looking for is this:
If I were walking down the street, minding my own business, is OC alone RAS to perform a terry stop?
In an incorporated area (town/city): yes
Outside of an incorporated area: no
OC of a handgun outside of an incorporated area does not require a permit in Iowa.
724.4 CARRYING WEAPONS.
General District Courts do not establish case law as a rule. Only at the appellate level does this occur.