"Connor DeLeire, the 18-year-old in the car, was nervous when the officer approached his car and began interrogating him without cause. DeLeire was visibly carrying a gun in a holster with the magazine in his pocket—which is totally legal in New Hampshire—and he refused the cop’s request to search his car—again, completely within his rights.
Which is not illegal and perfectly within his rights
As the encounter continued, DeLeire grew agitated.
Gee, imagine that.
The officer used this and Deleire’s refusal of a warrantless car search as a justification for insisting on a bodily patdown.
Which he had no right to do. Refusal of a warrantless search does not provide probable cause.
When DeLeire jerked away, the police announced he was under arrest and used pepper spray and a Taser to subdue him.
Which the cop had no right to do.
Legal or not, it establishes legitimate concern on the part of the officer. And if he politely asks you for ID, or to step out of the car, if you're all innocent, do so. What's the big deal or reason not to?
Gee, I don't know. I thought this was the Land of the "Free."
Officer can question suspicious individuals and vehicles WHENEVER they like. WHEREVER they like. They don't need justification or a reason. If they ask to search your vehicle or person and you consent it's perfectly legal. To do it againt your will they need evidence or suspicion of a crime having actually occured.
But as in the case of drug trafficking your refusal is pointless because you'll be placed under arrest within moments and a radio-issued search warrant will come allowing the search.
No drug trafficking was taking place.
And if you 'jerk away' resisting arrest you're completely screwed. Now the officer can kill your ass with very little evidence required. And being armed, he's lucky that's not what happened.
He wasn't under arrest at that moment, otherwise you might have a point.
