Ep. #263: Can police search a vehicle if the driver has lawful CCW?

To be clear, the general risk that is inherent during a traffic stop does not, without more, justify a frisk of the automobile's occupants. But the risk inherent in all traffic stops is heightened exponentially when the person who has been stopped—a person whose propensities are unknown—is “armed with a weapon that could unexpectedly and fatally be used against” the officer in a matter of seconds. Terry, 392 U.S. at 23, 88 S.Ct. 1868. As such, when the officer reasonably suspects that the person he has stopped is armed, the officer is “warranted in the belief that his safety ... [is] in danger,” id. at 27, 88 S.Ct. 1868, thus justifying a Terry frisk.

United States v. Robinson, 846 F.3d 694, 699 (4th Cir. 2017)

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