Posted July 11, 2015 10:00 am by Comments

By Dean Weingarten

The Oregon Supreme Court has ruled that generic “officer safety” is not sufficient justification to ask individuals if they are armed. In a ruling this week, the court found that police officers may not simply ask someone if they have a weapon without sufficient probable cause . . .

From the ruling in State v. Jimenez (pdf):

In this criminal case, an Oregon state trooper stopped defendant for jaywalking and asked him if he had any weapons on him. For the reasons that follow, we conclude that Article I, section 9, of the Oregon Constitution does not
permit a law enforcement officer to make such an inquiry as a matter of routine and in the absence of circumstances that indicate danger to the officer or members of the public.

Here is the relevant part of the Oregon Constitution:

“No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”

The case is similar to one that was …read more

Source:: Truth About Guns

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