The cop was acting within reasonable limits.
How so?
No objective 3rd party with at least a modicum of respect for civil liberties could make that assertion.
So are you a police officer, or married to one?
The cop was acting unreasonably.
No, he wasn't. Advocating for concealed carry is not against the law. Refusing to answer a question is also not against the law. Searching without a warrant is against the law and don't give me that BS about probable cause. The constitution says you can get a warrant to search with probable cause and says nothing about being able to search without a warrant with probable cause.
The judge, whoever he was, who made the original probable cause ruling needed to have his a**ed jailed, for the ruling is entirely unconstitutional.
That depends on which jurisdiction you are talking about. Nazi Germany, USSR, Obama's New World Order, oh, yeah! The USA? Not on my watch.
The cop, was most certainly not acting within his limits. In fact, the SCOTUS ruled that cops can only ask questions pertaining to the reason for the stop. And if during that time, the person being questioned answers in a manner resulting in RAS, can the officer go somewhere else with the line of questions. At no point, if this man is telling the whole truth, was it justified for the officer to get him out of the car and do a Terry Frisk...just another shining example of cops thinking they can do whatever they want, b/c us common folks don’t know nothin’...absolutely pathetic abuse of power
Maybe in Russia.
In the U.S.,
1 - Exercise of a right cannot be probable cause or reasonable suspicion that a crime is being committed; and
2 - There is no "pat down for officer safety" exception to the 4th Amendment.
therefore the police officer illegally seized (see #1) and searched (see #2) the driver since the scope of the initial stop was simply a speeding investigation.
There is case law on all three of those points, and if the officer had found a gun and/or the mother-load of all dope in the vehicle all of that evidence would be inadmissible.
That said, I pretty much patted down everyone I came in contact with in an uncontrolled environment and tell other officers to do the same.
And while you may think that patting this guy down was reasonable, I respectfully disagree...I don't think I ever say any thugs with bumper stickers on their cars advocating for second amendment rights.
While I fully acknowledge that most of those pat-downs had no basis in law, I figured it was better for both myself and anyone that would do me harm to go home alive rather than one or both of us go home dead.
“The cop was acting within reasonable limits.”
For what? The guy was identifying himself with the most law-abiding group in society!