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  • School Cop
    replied
    Originally posted by jakflak View Post
    You have it put it's front tires high on a wall then kick it's back tires apart to put it off balance. Start at the top (front bumper) and go to the bottom (rear bumper). Don't forget to look for knives in the waistband.
    I'm glad you haven't gotten hurt doing it this way, jakflak. You might want to rethink putting the front tires in contact with the wall; most cars today are front-wheel drive, and you are needlessly giving the offender traction.

    Leave a comment:


  • NORCOCOP
    replied
    I would tend to agree that you would want to clarify why you were worried about being alone, what made you uneasy and all of that. I was definitely told that the furitive movements, aggressive posture, and all that non sense that throws up the flags needs to be included in the report. You would hate to have a few years before going to court and only have I as worried, afraid, or alone, as your only reference to testify to.

    I am not arguing those things don't justify a seach, I had to try to explain this exact thing to a partner a few weeks ago. When he got upset that I went into someones car and they complained to him I did not ask or explain why I pulled them out and did a quick sweep of the areas they were in. He acted like I had made the whole vehicle pat, weapons check thing up. I found out he even taped me explaining why I searched it and how I justified it and took it to our supervisor later, supposedly to cover his butt on an "impending" complain that never came. Needless to say I am not going to ride parterned with him ever again, he is lazy, idiototic, backstabber. By the way did I mention he is an FTO, what a freaking shame...

    Leave a comment:


  • towncop
    replied
    Originally posted by Steve in PA View Post
    Sorry, you need more than being a "lone officer" or because you are "uneasy" to frisk someone.
    +1 on this one. ESPECIALLY in my county with my PA.

    Leave a comment:


  • Name Taken
    replied
    Originally posted by Steve in PA View Post
    Sorry, you need more than being a "lone officer" or because you are "uneasy" to frisk someone.
    In every situation no.....but to just say that all the time if I'm by myself I can search that's wrong IMHO....but you arent the one articulating it he is...as long as he can that's fine.

    Leave a comment:


  • Smurfette_76
    replied
    Originally posted by wirefire2 View Post
    Do they have BoJangles' ads in the NC forum to help you tell it apart from the others?
    Geese. A gaggle from what I'm told.




    Smart*ss

    Leave a comment:


  • Steve in PA
    replied
    Originally posted by fordman318 View Post
    Google Carroll V US and Terry V Ohio

    You also have to articulate your reason if anything is produced duringthe "Frisk" This can be as simple as that you are the lone officer, it is dark, and due to the area you felt uneasy unless you frisked him for weapons. Or if you have ever dealt with the vehicleor person and found weapons on or about the subject.

    Also, it is my understanding that you can only frisk the "lunging zone" of the person who you have the suspicion of. Look up Chimel V California. It is also refered to as the "Wingspan" rule. Basically boils down to if you ask the driver to step out of the vehicle, have s suspicion of a weapon, frisk the driver, you can frisk the seat, console, behind the passenger seat, under the seat, depending on the vehicle the glove box, etc..... Basically anything that can be lunged at.

    If you have any questions just ask. I will keep adding if i remember anything else
    Sorry, you need more than being a "lone officer" or because you are "uneasy" to frisk someone.

    Leave a comment:


  • wirefire2
    replied
    Originally posted by Smurfette_76 View Post
    Ignore me, honey. I shouldn't have been allowed to post w/o having all my wits about me

    Robert Farb is the author of many books we use in NC for reference, to include arrest, search and seizure. He is a highly respected criminal law "expert" here. Silly me, I forgot I wasn't in the NC forum
    Do they have BoJangles' ads in the NC forum to help you tell it apart from the others?

    Leave a comment:


  • ArkansasFan24
    replied
    Now, I am familiar with Michigan v. Long. That's a term I do know.

    Leave a comment:


  • Zamkn
    replied
    We're taught that we are able to frisk vehicles in the same manner we can frisk individuals. As long as we have a reasonable and articulable fear for our safety and want to search the car/person for weapons, we are able to do so. This includes searching any unlocked place that a weapon could be stored (e.g., center console, underneath the driver's seat).

    Terry v Ohio does not get us into the trunk as we are only able to "frisk" the passenger compartment. We need a PC or consent search to get there... unless of course you are towing the vehicle. Then you can inventory the vehicle if it is in accordance with department policy/general orders.

    Leave a comment:


  • Name Taken
    replied
    I havent heard Chimel applied to searches other then search incident to arrest. I assume it plays a role as the SC would probaly say there is no threat in the trunk if he is sitting in the driver's seat. I'm sure it applies...just dont recall being told it applies.

    Leave a comment:


  • Smurfette_76
    replied
    Originally posted by ArkansasFan24 View Post
    I've just never heard it termed "vehicle frisk." I know what all of you are talking about, and I've done it, lol. I haven't heard of "Farb book" either.

    Ignore me, honey. I shouldn't have been allowed to post w/o having all my wits about me

    Robert Farb is the author of many books we use in NC for reference, to include arrest, search and seizure. He is a highly respected criminal law "expert" here. Silly me, I forgot I wasn't in the NC forum

    Leave a comment:


  • Narco
    replied
    yes, i've heard of vehicle frisk and michigan v. long should work fine. furtive movements while pulling the car over is a great way to get inside the car and "frisk" for weapons.

    another example would be the officer seeing an empty pistol holster on the seat. it's reasonable to believe that a gun is in the car. check the interior compartment (wingspan) to check for WEAPONS.

    Leave a comment:


  • ArkansasFan24
    replied
    Originally posted by Smurfette_76 View Post
    Really? Do y'all use the Farb book as a reference?

    You can frisk a vehicle for weapons so long as you can articulate it. IE-furitive movement, prior knowledge, yada yada yada
    I've just never heard it termed "vehicle frisk." I know what all of you are talking about, and I've done it, lol. I haven't heard of "Farb book" either.

    Leave a comment:


  • Smurfette_76
    replied
    Originally posted by jakflak View Post
    You have it put it's front tires high on a wall then kick it's back tires apart to put it off balance. Start at the top (front bumper) and go to the bottom (rear bumper). Don't forget to look for knives in the waistband.

    Now THIS is some funny sh*t!!!!!!!!!!

    Leave a comment:


  • Smurfette_76
    replied
    Originally posted by ArkansasFan24 View Post
    I've never heard the term "Vehicle Frisk", but I'd go with the two people above me posted because they answer your question.
    Really? Do y'all use the Farb book as a reference?

    You can frisk a vehicle for weapons so long as you can articulate it. IE-furitive movement, prior knowledge, yada yada yada

    Leave a comment:

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