Quoted:
Quoted: I might be confused here, but by poilcy I have to ask if you have any weapons.
the OP said something about lying giving the officer RS to seach and seize. You need PC to search, seize, and arrest. |
I guess what I'm asking and I think that the original poster is getting at is:
If you are required to ask about weapons, and the person answers, then what?
If one says yes, is this implying consent to a search?
If one says no, is this grounds for a search?
If this doesn't give you the authority to search they why ask the question?
This just seems like a fishing trip to a lot of law abiding civilians, that's why this type of question comes up. |
If a person answers "yes", I have a some options. I can disarm the person or I can let them keep thier weapon and explain proper conduct during thier interaction with me (like don't reach for yours and I won't reach for mine)
If someone says no, I still don't assume they don't have a weapon. That doesn't give me grounds to conduct a search. If at some point I feel the person may have a weapon, I can frisk the person. That is not a search. Reasonable suspicion is required for a frisk, probable cause for a search.
In the end, it's all about active info seeking. The more aware I am of what's going around me, the better. If you say yes, you do have a weapon, I keep that in mind just in case things start to go south. If you say no, and things start to go south, I can't discount the fact that you may have a weapon, but it's a possibility.
the question isn't asked to try and "bust" you for something. It's asked so we as the officer have an idea of what we could potentially have to deal with.