Can I have a ticket dropped if an illegal search is performed

[Ted]

Carmel.....a $10 parking ticket......worth two points on my license.

After reading through the IBMV website, I could not locate any point allocations for such. How long ago did this happen?

Though I did find this on the Carmel City Court website:

14. If I pay my ticket, will I get points on my driving record?

Yes, if your ticket was for a moving violation, such as Speeding or Unsafe Lane Change. The points will be part of your driving record for two years. If your ticket was for a non-moving violation, such as Expired License Plate, then no, you will not get points on your license.

Frequently Asked Questions

 

[Hayseed_40]

Non-moving violations can still be pointable. Ask me how I know.

You know because you read it in the INGO FAQ?

 

[Hayseed_40]

Then you are clearly mistaken, and need to revise your position immediately.

This phenomenon has occurred and will continue to occur.

I did not know the officer from Tom, Dick or Harry, I simply inquired as to what the policy was.

He stated what I told you, now if its illegal or not is another matter.

They are your rights that are being violated and eroded, if you want to keep your head in the sand and pretend its not happening, so be it.

Here is another such example FROM THE PAST WEEK of it occuring.

https://www.indianagunowners.com/fo...e/218111-1_state_trooper_1_state_trooper.html

"He then ordered me to turn over my edc for him to check"

Furthermore, to debate the topic of it being "policy". Well you are correct, that officer could be WRONG on official policy, but CLEARLY, what I described is HOW ITS BEING ENFORCED(ie, handgun being taken from your car without consent, forced to give up weapon). Thats REAL WORLD POLICY, regardless of what the "books" say. So either way, there is a MAJOR problem, if that is indeed the policy, or thats how the average trooper is enforcing it day in, day out.

Phenomenon doesn't equal policy.
One trooper (who you do not know) "policy" doesn't equal policy
One trooper "policy" doesn't equal the "average trooper"

I have been stopped and ticketed by ISP. No exiting behicle, no confiscation of firearms (plural and he knew), and no jackboot to the throat. Really a non-event other than my ticket.

I agree that one time is three too many times. Each right violation should be dealt with accordingly. By no means is kutnupe putting his head in the sand.

My post above was not to infer it doesn't happen because obviously it happens to some extent. But what is being done about it?

 

[Dirtebiker]

I hate to be the bearer of bad news, but what the OP is describe, IS ISP POLICY.

I will explain, I've heard of this phenomenon recently. People being stopped by ISP for moving violations, and then being DISARMED(having their vehicle entered without consent) after displaying LTCH.

THAT IS THEIR POLICY, I REPEAT, THAT IS THEIR POLICY.

I inquired to an officier several weeks ago about this phenomenon.He stated very plainly, YES THEY WILL AND DO TAKE YOUR GUN FROM YOU DURING A TRAFFIC STOP to "MAKE SURE ITS NOT STOLEN". I was taken aback by this response, and asked "What if someone refuses to turn over the weapon or does not consent to their vehicle being entered to get the weapon". He said "That would be a resisting charge and I'd take your ass to jail". He also made a statement that Indiana is a state where you MUST INFORMED THE OFFICIER YOU ARE ARMED, like Ohio. That is false.

You have been warned, where is Guy Telford when we need him? I've got the first $1000 to retain him.

I'll take you up on the $1000 retainer! My gun was taken from me much more forcefully than his! Mine was when I was stopped for speeding!

 

[Hayseed_40]

I'll take you up on the $1000 retainer! My gun was taken from me much more forcefully than his! Mine was when I was stopped for speeding!

What did you do about it afterwards?

 

[Dirtebiker]

What did you do about it afterwards?

Nothing yet. I will at the very least, file a complaint. But I've got to find out first whether I have grounds for a law suit.

 

[Hayseed_40]

Nothing yet. I will at the very least, file a complaint. But I've got to find out first whether I have grounds for a law suit.

Great. Let us the details (when you can) and the outcome.

 

[libertyordeath]

I'll take you up on the $1000 retainer! My gun was taken from me much more forcefully than his! Mine was when I was stopped for speeding!

I'd get in contact with Guy Telford(unless someone knows a better gun lawyer..) and see what he thinks. I don't know your individual case, but I'd be interested in hearing more to see how similiar it is to others experiences.

 

[Dirtebiker]

I'd get in contact with Guy Telford(unless someone knows a better gun lawyer..) and see what he thinks. I don't know your individual case, but I'd be interested in hearing more to see how similiar it is to others experiences.

It's Relford, and I have!

 

[Scutter01]

You know because you read it in the INGO FAQ?

I know because I went to court over it.

 

[finity]

You know because you read it in the INGO FAQ?

There's an INGO FAQ?

 

[Hayseed_40]

There's an INGO FAQ?

I am afraid that like the Lochness Monster or a fresh point in the OC/CC debate - it just doesn't exist.

 

[turnandshoot4]

I know because I went to court over it.

You went to court over the INGO faq?!

 

[edporch]

-snip-
Trooper Scott Alan Patrick, Indiana State Police, Indiana
-snip-

All I would do is make an official complaint to the Indiana State Police that Trooper Scott Alan Patrick errantly told you that you had an obligation to inform him you were carrying a handgun with a Lifetime License.
There is no such law.

Then it appears from your story that he used this phony "failure to inform" excuse as a vehicle to search your car.

Patrick was either lying or ignorant of Indiana law.
Neither is acceptable.