What to do during a traffic stop.

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    minuteman32

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    There seems to be some question on what one is to do during a traffic stop, or other "official" interaction with a police officer, when they have a gun on them or in their car. My recommendations, as a firearms instructor and police officer are;

    Before the traffic stop:

    Know the law at the location you are in. The law will be different from state to state. Some require notification, some do not (IN does not). You should already know whether your license or permit is recognized in that state before you get there. There are several websites with information on gun laws. The one I recommended is; http://handgunlaw.us/. You can get contact info for the various states firearm regulatory agencies to confirm the information on the site.

    During the traffic stop:

    Pull to the right as far as possible, as soon as possible. Put car in park (if automatic) or out of gear (if manual). Roll down window, turn off engine and, if after dark, turn on your interior light.

    If at all possible have your drivers license, registration and proof of insurance in your hand, with both hands on the steering wheel. Most of us don't like people digging around in their car while we're standing there!

    If you are in a state that requires notification, have your carry license/permit on top of your drivers license (so that is the first thing the officer will look at). Again, if required to notify, ..... verbally notify the officer as you hand them your documents, too. Something along the lines of, "Officer, as you can see, I have a license to carry a handgun. It is on my right hip/in the glove compartment/etc." Follow the officer's directions. They may take the gun back to their car, they may not. If they do, they may unload it, they may not. There is no law dictating the procedure, but there may be a policy for their department, or a personal policy.

    Remember, we don't know you. We don't know if you are an average law abiding citizen who was a bit distracted or unaware of a problem with your vehicle. You could be a sociopath with 20 lbs of drugs under their seat or a kid tied up in the back seat or trunk. You could be speeding because your late for an appointment or because you just robbed a store or shot your significant other 10 minutes ago. Unfortunately, we can't assume that you are "Joe or Jane good guy". Doing that would eventually cause us to violate the 1st rule; "Go home in the same condition we came to work in!"

    Hopefully this will answer some of the questions.
     

    Yeah

    Master
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    If at all possible have your drivers license, registration and proof of insurance in your hand, with both hands on the steering wheel. Most of us don't like people digging around in their car while we're standing there!

    Since I don't drive around with mine in my hand usually, would you rather a person waited until you were up there to get it out? I keep mine in my glove box and it is readily available, but I have often wondered what an officer would think if he saw me reaching in there as he was walking up/pulling me over.

    Remember, we don't know you.

    Remember, we don't know you either.

    You could be a sociopath

    What would you say, as far as traffic stops go, is your percentage of sociopaths versus normals?
     

    JohnP82

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    so, you being a LEO in Indiana a state that does not require us to inform an officer, what do you personally prefer? are you ok with us not saying anything, or do you like it when they inform you? just curious because i have always told the officer and they always thank me for doing so. didnt know what was preffered.
     

    mrjarrell

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    Personally, I'll stay within the boundaries of the law and NOT inform the officer of my carry status here in Indiana. No sense in being treated like a felon for a minor traffic infraction. By the way, didn't we just have a very long thread about this very thing?
     

    NateIU10

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    Once the officer pulls up behind you, begin to reach all around the car with the engine running. Once he begins to approach, say in a loud, stern voice "I've got a gun."

    Good advice when in an inform state, thanks!
     

    MrsGungho

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    Question on something that was said in the other thread and I am to lazy to look to see if it was corrected...

    In Indiana we do not have to inform, however if asked we must disclose this to the asking officer. Correct?
    I looked for the statute when it was brought up because a few said they wouldn't inform even if asked. Couldn't find it and had no time to really dig.
     

    MrsGungho

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    Once the officer pulls up behind you, begin to reach all around the car with the engine running. Once he begins to approach, say in a loud, stern voice "I've got a gun."

    Good advice when in an inform state, thanks!

    I realize that was sarcasm, but he also said have your hands on the steering wheel when the officer approaches. This allows the officer to see that there is nothing in your hands and you aren't digging around when he gets there.
     

    Joe Williams

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    Question on something that was said in the other thread and I am to lazy to look to see if it was corrected...

    In Indiana we do not have to inform, however if asked we must disclose this to the asking officer. Correct?
    I looked for the statute when it was brought up because a few said they wouldn't inform even if asked. Couldn't find it and had no time to really dig.

    So long as you don't lie to them, you do not have to answer ANY question a police officer asks you, other than identifying yourself. There are several ways of doing this, some more polite than others.
     

    infidel

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    Question on something that was said in the other thread and I am to lazy to look to see if it was corrected...

    In Indiana we do not have to inform, however if asked we must disclose this to the asking officer. Correct?
    I looked for the statute when it was brought up because a few said they wouldn't inform even if asked. Couldn't find it and had no time to really dig.

    You can't directly lie to the officer if he asks you. However, there are ways around the direct question of, " Do you have any firearms in the vehicle?", such as "Sir, I have nothing illegal in my vehicle." - this is the line I personally plan on using. Another is to remain silent.
     

    MrsGungho

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    Not looking to circumvent the law, I don't plan on getting pulled over to start with.
    Just was looking for the statute as it is driving me crazy not knowing.
     

    kludge

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    "Officer, as you can see, I have a license to carry a handgun.

    <snip>

    Remember, we don't know you. We don't know if you are an average law abiding citizen who was a bit distracted or unaware of a problem with your vehicle. You could be a sociopath with 20 lbs of drugs under their seat or a kid tied up in the back seat or trunk.

    This illustrates the problem I have with the whole duty to inform.

    LTCH is presented. Cop is still unsure as to whether you're a good guy or not.

    So is the licensing process and background check just a sham (if it is they only have themselves to blame), or :dunno:???
     

    DesertDoc

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    If I ask a person on a stop if they have a gun and you answer "I have nothing illegal on my person/vehicle." not only will you have peaked my curiosity as to why you are dodging a direct answer to my question, I will also ask again for a direct answer. That being said I treat everyone as if they have a gun.....you get less suprises. I also greatly appreciate people who tell me they have a firearm on there person or in there vehicle. As long as you have a permit were cool.
     

    infidel

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    If I ask a person on a stop if they have a gun and you answer "I have nothing illegal on my person/vehicle." not only will you have peaked my curiosity as to why you are dodging a direct answer to my question, I will also ask again for a direct answer. That being said I treat everyone as if they have a gun.....you get less suprises. I also greatly appreciate people who tell me they have a firearm on there person or in there vehicle. As long as you have a permit were cool.

    So what if your curiosity peaks? Does that mean I'm getting in trouble? You aren't entitled to an answer. I'm not going to change my answer just because you ask it twice. What happens when I give you the same answer twice?
     

    Joe Williams

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    If I ask a person on a stop if they have a gun and you answer "I have nothing illegal on my person/vehicle." not only will you have peaked my curiosity as to why you are dodging a direct answer to my question, I will also ask again for a direct answer. That being said I treat everyone as if they have a gun.....you get less suprises. I also greatly appreciate people who tell me they have a firearm on there person or in there vehicle. As long as you have a permit were cool.

    If you are so rude as to ask a second time, I will be less than polite, and hope you do something stupid for my audio and video recordings like pull me out of the car despite having no reasonable suspicion that a crime has been or is about to be committed. And exercising my rights most assuredly does not meet the legal test for establishing such suspicion. I am polite and appreciate police officers, until they start abusing their badge and fail to respect our Constitutional rights.
     

    DesertDoc

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    Well first of all Im as progun as they come and fully support our constitutional rights. I also appreciate everyone of you who carries a firearm legally and encourage you to exercise those rights. Secondly, I fail to see how asking a question a second time, or asking for clarification is considered rude. Third, You are correct I would not have Reasonable suspicion to "pull you out of the car". I might ask if you would consent to a search of your vehicle, which im willing to guess you would probably refuse, but it still never hurts to ask. At that point I would finish whatever my reason was for the initial stop and release you. I too am polite and always attempt to be proffesional with everyone I encounter. I too know what I can and cannot do under both the Constitution and Indiana State Law. So, sorry to let you down but your audio/video equipment is not going to capture me violating either one.
     

    Joe Williams

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    snip
    So, sorry to let you down but your audio/video equipment is not going to capture me violating either one.

    Good, then we'll smile at each other and be on our way. Assuming my truck can get going fast enough for you to pull me over in the first place :D
     

    minuteman32

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    As far as informing, it is not required by law in IN to inform. I would say that most officers would prefer if folks did, though. Personally, I don't care whether someone does or not. If I really wanted to know their LTCH status, it only takes a few keystrokes, anyway. It is a good idea to let us know you have a gun if we are about to find it, regardless.

    As far as having your stuff in your hand, if you can't have it by the time the officer reaches you, stop looking until directed to get them.

    I know that most folks will realize this is just advice & it may help them out sometime. There will always be those that won't listen to advice and do things their own way. A sometimes that is good, sometimes it's not. Those are frequently the folks who will want to be argumentative, disrespectful, or worse. Since the officer has a great deal of discretion, that type person will probably end up with more tickets, and all of the benefits that accompany them.

    I will stop a lot of cars for a lot of infractions that I could write a lot of tickets for. I don't write a tremendous amount, though. Frequently, attitude, among many other factors, play a part in the decision. And, when I get pulled over, I do the same things I advise here.
     

    minuteman32

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    This illustrates the problem I have with the whole duty to inform.

    LTCH is presented. Cop is still unsure as to whether you're a good guy or not.

    So is the licensing process and background check just a sham (if it is they only have themselves to blame), or :dunno:???

    It actually is possible for a felon to get a LTCH in IN. Not likely, but possible. And, rare as it might be, LTCH holders have been known to do something stupid, even criminal, on occasion.
     
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