OR, traffic stop CHL

[Z-PDX]

Yup. Sure can. Take a look at Terry v. Ohio.

With all due respect, Terry vs. Ohio does not say that. The elements of a Terry stop are reasonable suspicion the subject is both armed AND dangerous.

In the "average" traffic stop only one of the elements would be present.

 

[Z-PDX]

And that LEO and his department woudl be sued by me for civil rights violation of the 4th ammendment, 5th ammendment and 2A violations "under color of law". A traffic violation is not a CRIME, Terry does not apply.

Terry has nothing to do with infraction or misdemeanor. It has to do with contact with a person suspected of a crime. Including a traffic violation. So if during the course of a stop for a traffic violation, the officer has reasonable, articulateable suspicion that the driver is armed and dangerous, then an inspection of outter clothing is justified.

I think the concept you are looking for "search incident to arrest". In which case you are correct, you are not subject to a search (even a Terry search) on the basis of being pulled over for a traffic violation.

Hope this was a little helpful...

 

[Z-PDX]

Actually no they can. They can not lawfully detain you if you are not doing anything wrong. Oregon does not have the Terry law.

Terry is SCOTUS case law.

Oregon does not restrict search further. Terry is our standard.

 

[Jammer Six]

I want to see him take on officer into custody for something. Anything. Really.

 

[RailwayMan]

As a general rule I don't volunteer any information to an LEO on a stop unless asked. Not a Chatty Cathy; it's just on a need to know basis. Old practice. Why make them nervous.

 

[The B]

As a general rule I don't volunteer any information to an LEO on a stop unless asked. Not a Chatty Cathy; it's just on a need to know basis. Old practice. Why make them nervous.

This thread is almost 2 years dead, dude.

Leave 'em in the ground....

 

[Flopsweat]

Probably thinking of this thread:

https://www.northwestfirearms.com/threads/or-traffic-stop-chl-dispatch-notice-to-officer.187411/