Disarmed by cop during stop

[mrortega]

I've read several accounts of cops disarming citizens during a traffic stop in Indiana. Can someone quote anywhere in IC or any court interpretation where this is legal? If not what consequences would I suffer if I respectfully decline to do so?

 

[Benny]

I've read several accounts of cops disarming citizens during a traffic stop in Indiana. Can someone quote anywhere in IC or any court interpretation where this is legal?

No, it's not legal if you present a valid LTCH and you haven't done anything to warrant the PO thinking you are dangerous (I guess that's the part that can be left up to interpretation). Some just do it anyway because they know they will get away with it or they just don't know the law.

If not what consequences would I suffer if I respectfully decline to do so?

Consequences you don't want to deal with.

 

[jsharmon7]

The Terry decision says that weapons can be secured if the officer believes the person is "armed and dangerous." Some officers seem to think that if a person is armed then by nature they are potentially dangerous. I disagree with this. As it stands, the courts are pretty generous to officers when it comes to officer safety decisions. Further, how does the driver know that there wasn't just an armed robbery committed by someone driving a car matching theirs? If a person decides to make it a big issue during the stop, there is no telling how it could end up. I disagree with a blanket policy of disarming people on traffic stops, but the place to fight is in a courtroom after the fact, not on the side of the road. If you feel you've been wronged then speak to an attorney.

 

[Mackey]

... what consequences would I suffer if I respectfully decline to do so?

I would highly recommend that you not do this. This would certainly ruin
your day if not potentially your life.

 

[Rookie]

IC 35-47-14-3

I think the only way to fight is through this. If the officer can't prove the person is dangerous, then he has violated your civil rights.

 

[Rookie]

I would highly recommend that you not do this. This would certainly ruin
your day if not potentially your life.

Why?

 

[Benny]

Why?

Are you playing devil's advocate or do you really need an answer?

 

[Guardsman89]

I was recently stopped with a S&W .38 special in the car. I calmly toldthe officer I had a loaded weapon in the vehicle as I presented my permit withmy DL and registration. He asked where the weapon was located. I told him. Hesaid "Let's just leave it right there then" to which I responded"yes, sir." He was very professional and respectful of my rights. I'mnot convinced that the majority of law enforcement officers are going to bequick to disarm level-headed citizens.

 

[Benny]

I'm not convinced that the majority of law enforcement officers are going to bequick to disarm level-headed citizens.

In my experience, they aren't...In fact, I've only been asked once if I have any weapons in the car. I just turned 18 and didn't...That officer scared the crap out of me, but with good reason; it was the first time I'd ever been pulled over and while he was talking to me, I reached down to adjust my floor mat. He said "what are you doing???" and put his hand on the handle of his Glock. I said "oh crap, I'm sorry sir, I was just adjusting my floor mat, it was up under my break pedal." I apologized for knowing better than to not keep my hands visible during a traffic stop and he gave me a verbal warning and told me to slow it down and have a nice night.

I admit though, when he put his hand on his firearm, my butt puckered up a bit.

(To be clear, that above story is in no way a knock on that officer; he never illegally searched my vehicle, he was polite the entire time and his pistol never left its holster.)

 

[superjoe76]

I got pulled over for running a red light a few months ago and the officer could clearly see my LTCH when I gave him my DL. He didn't even flinch, just gave me a warning and told me to stop running red lights. (I was behind a semi and it was too late, btw) He didn't even ask about a gun in the truck.

 

[Mrs_Frost]

Ben and I got pulled over and the cop actually made Ben get out and then the cop frisked him. He also disarmed him. I think Ben wrote about it in another thread. Ben didn't decline the search but Ben did make a lot of phone calls afterwards.

 

[Rookie]

Are you playing devil's advocate or do you really need an answer?

Nope. Dead serious. Why should there be consequences for respectfully declining?

 

[cobber]

Nope. Dead serious. Why should there be consequences for respectfully declining?

There SHOULD not be, but there possibly WOULD be. And if there were, they probably would not be that pleasant for the 'suspect'.

 

[Titanium_Frost]

Ben and I got pulled over and the cop actually made Ben get out and then the cop frisked him. He also disarmed him. I think Ben wrote about it in another thread. Ben didn't decline the search but Ben did make a lot of phone calls afterwards.

Resisting and declining are different. I told him I did not authorize him to search me or my vehicle and did NOT give him permission to disarm me and he did it anyway. Did I mention I beat all three tickets that he wrote? LOL

Point is we need to start making these punks accountable for their actions. Do not argue on the side of the road but make it VERY clear you do not approve or consent of their illegal searches.

 

[EvilBlackGun]

Respectfully; t'hell with the poster's "Why?"

I myself want to know. If a law is vague or wrong, one place to start is AT
the enforcement of said law. But are you (-all) telling us that there is no
safe, civil way to balk at enforcement of that possibly illegal law? Again, "WHY?"

 

[backfire]

I have a family member who is a LEO and I asked him what he likes to see/hear when he approches someone in a vehicle that has legal firearm onboard.

He said that if the traffic stop is at night, he likes it when the driver turns on his dome lights and puts both hands on the steering wheel so he can see what the driver is doing and so he knows where the driver's hands are as he approches the car door. He also likes when the driver asks him for permission to reach for his wallet to get the CCW, DL, insurance card and registration, rather than just grabbing them on your own. Of course, telling the officer you have a CCW and a firearm FIRST when he comes up to the door, instead of waiting until during or after the traffic stop coversation is in your best interest too..

I guess the point he made clear is to be proactively very respectful, courteous and informative to the officer (even if he's a jerk) just to keep yourself out of inadvertant or accidental trouble due to a "honest" mistake.

My $.02

 

[Titanium_Frost]

I myself want to know. If a law is vague or wrong, one place to start is AT
the enforcement of said law. But are you (-all) telling us that there is no
safe, civil way to balk at enforcement of that possibly illegal law? Again, "WHY?"

Because of society's view of cops and the job they do. Because the courts would be your only friend in this matter and they don't take kindly to people disobeying an order that doesn't present imminent danger in its eyes. Because cops and prosecutors are trained to exploit the thousands of ridiculous laws that you haven't even heard of to use against you at their leisure. At any point in time you are probably breaking some law or they can just make one up like "disturbing the peace". That one gets used a lot in these scenarios

 

[Benny]

Nope. Dead serious. Why should there be consequences for respectfully declining?

Fair enough, but if the officer wants to illegally seize your firearm, he/she is going to get it. I agree that it shouldn't be a problem saying "no officer, you have no grounds to confiscate my firearm, it is much safer on my hip," but when that isn't a good enough answer for them, what is the next step?

 

[TMU317]

Because of society's view of cops and the job they do. Because the courts would be your only friend in this matter and they don't take kindly to people disobeying an order that doesn't present imminent danger in its eyes. Because cops and prosecutors are trained to exploit the thousands of ridiculous laws that you haven't even heard of to use against you at their leisure. At any point in time you are probably breaking some law or they can just make one up like "disturbing the peace". That one gets used a lot in these scenarios

How can they "make one up"? Has there been a case where an officer has made up a law and arrested an individual based on the law he/she just made up?

 

[Titanium_Frost]

How can they "make one up"? Has there been a case where an officer has made up a law and arrested an individual based on the law he/she just made up?

Not make up a law, make up a charge of an existing law. Sorry if that was confusing.