I probably should just pay the 175 dollar ticket. However the court cant charge me more if i defend myself and lose. Read below from a prior post I did.
Can I deny the charge of a class c infraction (improperly displayed license plate) due to an illegal search?
Are the two seperate of eachother? Meaning the illegal search occurred but I am still responsible for the infraction?
From a prior post
I was pulled over for doing 77 in a 60 today on US 31. After running my info the trooper comes back to my vehicle and asks if I have have any firearms in the vehicle. I told him I did in fact have a handgun and lifetime permit and the handgun was in my center console. The trooper asked me if I was aware that I needed to tell him when pulled over about the permit and the handgun...I stated I did not (plenty of threads on this not trying to rehash it here).
The trooper asks me to step out of the car and go sit on his bumper. I asked him if there was a problem and he told me he was going to remove the firearm. My question here is if this is an illegal search? He wasn't telling me what he was doing (had I not asked) and he had the ability to rummage through my car (which I don't think he did). I have nothing to hide and would have given him permission regardless.
The real reason for this thread is this:
The trooper asks me to step out of the vehicle and does not search me. He then asks me to sit on his bumper which was about 7-10 yards off my back bumper. If I were a bad guy and had a handgun on me his back was to me as he was removing my firearm. This puts him in a bad place to defend himself if I were a bad person and had a weapon on me. Thoughts?
I had a college friend who was an ISP who was shot and killed while trying to do a good deed for a bad guy. So this hits kind of close to home.
Trooper Scott Alan Patrick, Indiana State Police, Indiana
I am in no way trying to bash LEO's as I am a huge supporter of their commitment to the job. I would have given him permission to search the entire car if asked. I am just a bit curious about the search thing and even more concerned about the protocol to remove my handgun (concerned about his safety).
The trooper told me "nice Kimber."
Oh, i received a warning for 77 in a 60. So that worked out well.
Can I deny the charge of a class c infraction (improperly displayed license plate) due to an illegal search?
Are the two seperate of eachother? Meaning the illegal search occurred but I am still responsible for the infraction?
From a prior post
I was pulled over for doing 77 in a 60 today on US 31. After running my info the trooper comes back to my vehicle and asks if I have have any firearms in the vehicle. I told him I did in fact have a handgun and lifetime permit and the handgun was in my center console. The trooper asked me if I was aware that I needed to tell him when pulled over about the permit and the handgun...I stated I did not (plenty of threads on this not trying to rehash it here).
The trooper asks me to step out of the car and go sit on his bumper. I asked him if there was a problem and he told me he was going to remove the firearm. My question here is if this is an illegal search? He wasn't telling me what he was doing (had I not asked) and he had the ability to rummage through my car (which I don't think he did). I have nothing to hide and would have given him permission regardless.
The real reason for this thread is this:
The trooper asks me to step out of the vehicle and does not search me. He then asks me to sit on his bumper which was about 7-10 yards off my back bumper. If I were a bad guy and had a handgun on me his back was to me as he was removing my firearm. This puts him in a bad place to defend himself if I were a bad person and had a weapon on me. Thoughts?
I had a college friend who was an ISP who was shot and killed while trying to do a good deed for a bad guy. So this hits kind of close to home.
Trooper Scott Alan Patrick, Indiana State Police, Indiana
I am in no way trying to bash LEO's as I am a huge supporter of their commitment to the job. I would have given him permission to search the entire car if asked. I am just a bit curious about the search thing and even more concerned about the protocol to remove my handgun (concerned about his safety).
The trooper told me "nice Kimber."
Oh, i received a warning for 77 in a 60. So that worked out well.
