mojo84 wrote:I also don't buy the idea any decent cop can always articulate a valid reason like one or two on here have said before.
I believe any reasonable articulate adult can do that as well... it's pretty low bar set by the law. It is based on what the LEO reasonably believes, not tangible, quantifiable substance...
Hard to disprove an intangible.
Observed a vehicle with a tail light out, upon initiating the stop with emergency lights and voice command to pull over, the driver did not pull over immediately (1), but proceeded to a poorly light parking lot(2). Upon first contact, the driver appeared nervous(3). Driver presented a DL and CHL. Based on the drivers actions, and my observations that he was acting nervous, for the safety of myself and the public I informed the driver I would be disarming him IAW GC §411.207. AUTHORITY OF PEACE OFFICER TO DISARM
I am not a LEO, so I likely have the verbiage and jargon wrong,,, point is.. only subjective things must be articulated to justify and comply with GC 411.207. Most any High school graduate could do that….Never mind a professional law enforcement officer that does this stuff for a living.
*1(as most of us are taught to pull over to a SAFE location, and that is a determination made on the spot by a citizen not used to doing so I can see passing a possible spot, looking for a better spot to pull over, or off a street)
*2(As per 1 above... finding a spot that is safe, the parking lot in the drivers mind may be a "safe" spot, meaning no traffic, but the LEO sees it as a more dangerous spot as it's isolated, and "poorly" lit,, even though it is lighted as well or no worse than another parking lot in the area)
*3(Acting nervous,, taking out of context it can be suspicious, but as most are apt to be a bit nervous at being lit up, pulled over.. not really that suspicious at all in the correct context)
Add to all of that, an officer with a preconceived mental position that there job is more dangerous than most others (statistically not true) perhaps been in a few dicey situations.. and there personal perception (fairly I might add) may be biased to see possible danger or suspicion in ways others (us, generally good guys) may not see the same.
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