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Marine Corps helicopter pilot sues over Wyo. traffic stop


Guest AmericanWorkMule

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When a LEO handcuffs an individual "for your safety and mine" that is called an arrest. An arrest requires probable cause of a crime. I do not see probable cause of a crime here. What I see (well, hear) is an officer who does the typical illegal arrest and tries to justify it for officer safety. The officer can conduct a stop and frisk if the officer can articulate reasonable suspicion or probable cause that the individual is engaged in criminal activity and is armed. If the officer didn't see any traffic violations, then he has no lawful authority to make a stop. Regardless, once the officer found the individual had a weapon and became uncooperative, I think it would be reasonable for the officer to detain him (not arrest him) and take possession of the firearm until he can further investigate and dispel his suspicions. Frankly, the rider brought this on himself for being a jerk for no reason. He also doesn't fully understand the 4th Amendment. It does not protect us from any search and seizure; it protects us from UNREASONABLE search and seizure. This is determined through case law and interpretation of the circumstances on a case-by-case basis. Beyond the fact that he likely made an illegal initial stop, he acted professionally in my professional opinion.
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