What started off as a traffic stop over a missing license plate light turned into a violent altercation when the driver refused to step out of his car and allow himself to be frisked on the sole basis that he was legally carrying a concealed weapon.
A woman sitting in the passenger’s seat, who was also pulled out of the car, recorded the exchange leading up to the altercation. The video was posted Thursday on a Facebook page called Critical Critique.
Under Texas law, drivers are required to hand over their concealed weapon permit along with their drivers license if they are pulled over while carrying a concealed weapon, according to the U.S. & Texas Law Shield Blog.
Texas – You have an obligation, if you are carrying a weapon, to hand the officer your LTC along with your driver’s license. There is currently no penalty on the books for failing to give the officer your LTC in this situation, but it is still good practice to do so, particularly if you want to avoid a very annoyed police officer.
But states like Florida only require drivers to inform cops they are carrying a concealed weapon if the cop directly asks them.
It is not clear at this time how the above incident ended but police will no doubt justify the incident with the 1977 Supreme Court ruling Pennsylvania v. Mimms that states that a “police officer ordering a person out of a car following a traffic stop and conducting a pat-down to check for weapons did not violate the Fourth Amendment to the United States Constitution.”