Can the responding officer search you for a weapon?

Can the responding officer search you for a weapon?

If you ever face a real-life police encounter where the officer is urging you to consent
to a search, do not try to figure out whether or not the search is legally permissible.

You must assume that the search is not legally allowed and that the search will
only be legal if you consent. If an officer is in fact legally allowed to search you, you
have nothing to lose by refusing to consent!

Don't do like YT videos teach.  Asking if you're detained or what crime you're suspected
of committing won't work in most instances.  A discussion just pisses them off more.

Start recording the encounter, and be sure to state, "I do not consent to any searches
or seizures," just to be sure there's no misunderstanding later.  Cops could say they
thought you told them it was okay to pat you down.  Saying I do not consent on camera
can save you a lot of legal problems.

Its not illegal to wear a holster. So no, it doesnt meet RAS for a search. But then again, i know what rights are and there are many cops who dont.

I knowna guy who eas talking to chief logan with an empty holster owb and with a sock covering something in said holster and the chief didnt care.




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BTW, from what I read, HI is not a stop and identify state.  That means you are not required to produce ID just because a cop asks you.  You have to be under arrest or suspected of a specific crime before you are required to show ID.  Traffic stops are included.  If the Cop stopped you for no actual traffic infraction, then you don't have to show ID, insurance and registration papers.

You can ask what crime you're being suspected of, but I would stop short of trying to argue that you aren't legally required to show ID.  I'd just refuse and ask for a supervisor.  If they try to arrest you simply for not showing iD, they will lose your law suit and may be penalized for civil rights violations.

Its not illegal to wear a holster. So no, it doesnt meet RAS for a search. But then again, i know what rights are and there are many cops who dont.

I knowna guy who eas talking to chief logan with an empty holster owb and with a sock covering something in said holster and the chief didnt care.

The issue to me is whether the call was "he's wearing an empty holster."  In that case, no cop should be dispatched.  Tell the caller it's legal, and to have a nice day.

If they reported a firearm in plain sight, then they lied.  The cop can see if you have a firearm in plain view.  That should be the end of the investigation.

The issue to me is whether the call was "he's wearing an empty holster."  In that case, no cop should be dispatched.  Tell the caller it's legal, and to have a nice day.

If they reported a firearm in plain sight, then they lied.  The cop can see if you have a firearm in plain view.  That should be the end of the investigation.

In a perfect world this would happen. 

But often it's not the case. I know a guy who is open carrying his taser and 911 was called saying he had a gun. Granted not everyone knows what a gun looks like. But the cop who responded did it the right way. He saw it was a taser and left. No ID asked, no searching, just a statement why he responded. This cop gets an A.

Often too, 911 dispatch doesn't know the law. It's not their problem. Just relay the call to HPD and their part is done.  FL has a youtuber Armed Fisherman. It's legal to open carry while fishing or going to and from fishing. He is carrying his fishing pole also. 911 always dispatches police instead of asking if he's carrying a fishing pole. He gets called so much that dispatch should know this. He often also gives a heads up that he will be open carrying in X area on his way to fish.  Then many times cops come and harrass him.  Again, this happens often enough where they should know the law and him cause he's also suing them for rights violations.

BTW, from what I read, HI is not a stop and identify state.  That means you are not required to produce ID just because a cop asks you.  You have to be under arrest or suspected of a specific crime before you are required to show ID.  Traffic stops are included.  If the Cop stopped you for no actual traffic infraction, then you don't have to show ID, insurance and registration papers.

You can ask what crime you're being suspected of, but I would stop short of trying to argue that you aren't legally required to show ID.  I'd just refuse and ask for a supervisor.  If they try to arrest you simply for not showing iD, they will lose your law suit and may be penalized for civil rights violations.

Ithought for traffic stops, they don't need RAS. You must ID when ever requested.

Ithought for traffic stops, they don't need RAS. You must ID when ever requested.

If you know for a fact the stop was bogus -- cop can't say why they stopped you, you weren't speeding, etc. -- then you don't have to iD just because they stopped you.

HI is not a stop and ID state, so unless there's a valid reason for stopping you, the stop is unconstitutional.  The cops are either harassing you or looking for a reason to arrest or cite you.  Often they find drunks, people without a license or insurance, people with an arrest warrant outstanding, etc. by just asking for ID and vehicle papers.

Most people who have all their paperwork and ID up to date and have no warrants will just voluntarily ID themselves.  That makes it more probable that if you refuse, there may be a reason you don't want to say who you are.

Cops will pressure you, even lie to you, but if you know you didn't do anything to get stopped, ID is not required unless the Cop states a valid reason for the traffic stop.

If you know for a fact the stop was bogus -- cop can't say why they stopped you, you weren't speeding, etc. -- then you don't have to iD just because they stopped you.

HI is not a stop and ID state, so unless there's a valid reason for stopping you, the stop is unconstitutional.  The cops are either harassing you or looking for a reason to arrest or cite you.  Often they find drunks, people without a license or insurance, people with an arrest warrant outstanding, etc. by just asking for ID and vehicle papers.

Most people who have all their paperwork and ID up to date and have no warrants will just voluntarily ID themselves.  That makes it more probable that if you refuse, there may be a reason you don't want to say who you are.

Cops will pressure you, even lie to you, but if you know you didn't do anything to get stopped, ID is not required unless the Cop states a valid reason for the traffic stop.

Unless you're a valid HI CCW holder on Oahu.  I 4got about that one.

Unless you're a valid HI CCW holder on Oahu.  I 4got about that one.

Good point. 

When i traveled with a concealed firearm, I put my driver's license and CCW permit in a 2-window folding ID holder.  That stayed in my front shirt pocket if i have one, or in a pants pocket that's easy to access while seated.  Cargo pants have lots of pockets to choose from.

In that case, you're already considered a criminal by the state, so whatever they tell you to do is legal.