Believe it or not, there are people that know what case law is besides LE and lawyers. And although you gave an apt description of it, you also showed what I said is true. It is a court decision in the absence of a law covering the situation.
The example you gave of traffic doesn't really apply. Blocking traffic is not just for an officers safety but everyone else's as well. The other would not really apply either.
In the OP, there is nothing threatening to the cop except their own fear. And in that situation, I can think of a lot of ways a cop would be in just as much or more danger from the weapon he doesn't see than the one on someone's hip.
Case law to support your fear does not make it right. Or Constitutional.
I generally support LE. Even in my younger days, when I was not such a nice person, I did. I count several of them as good friends and fair people. Unless someone is doing something else to make them suspicious, the gun you have on is just another item you have on. But they are still cautious. And rightfully so.
YOU have missed my whole point.
Actual Statute or not. Case law or not. YOU as a LE have NO more right to be safe than WE do.
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The example you gave of traffic doesn't really apply. Blocking traffic is not just for an officers safety but everyone else's as well. The other would not really apply either.
In the OP, there is nothing threatening to the cop except their own fear. And in that situation, I can think of a lot of ways a cop would be in just as much or more danger from the weapon he doesn't see than the one on someone's hip.
Case law to support your fear does not make it right. Or Constitutional.
I generally support LE. Even in my younger days, when I was not such a nice person, I did. I count several of them as good friends and fair people. Unless someone is doing something else to make them suspicious, the gun you have on is just another item you have on. But they are still cautious. And rightfully so.
YOU have missed my whole point.
Actual Statute or not. Case law or not. YOU as a LE have NO more right to be safe than WE do.
Sent by an idjit coffeeholic from my SM-G892A using Tapatalk