Frisking a Person for a Weapon When a State Allows Carrying a Concealed Weapon with a Permit

Sometimes a legislature enacts a statute that has consequences beyond the direct impact of the statute’s provisions. West Virginia’s statute allowing the carrying of a concealed weapon with a permit may be such an example, based on the February 23, 2016, ruling of the Fourth Circuit Court of Appeals in United States v. Robinson. The court ruled that a West Virginia officer did not have reasonable suspicion to conduct a frisk because there was insufficient evidence of dangerousness, relying in part on a person’s right in West Virginia to carry a concealed weapon with a permit. And this ruling may impact cases in other states, such as North Carolina, that have a statute similar, although not identical, to West Virginia’s. This post discusses this ruling and its potential impact in North Carolina state courts. Fourth Circuit cases as binding precedent in North Carolina state courts. Before discussing this case, a reminder that Fourth Circuit rulings on federal constitutional issues, such as the Fourth Amendment’s seizure and search provisions, are not binding on state courts. However, Fourth Circuit opinions are given some weight by North Carolina’s appellate courts in ruling on undecided issues. In addition, the opinions are of particular interest to law enforcement officers whose cases are prosecuted in federal district court (typically drug and firearm violations) and to North Carolina defense lawyers who practice in these courts. Brief review of stop and frisk. The United States Supreme Court has ruled that officers may frisk a person when (1) they are [...]