Experience with IMPD!

[grizman]

Once the item (gun, laptop, TV, phone, etc) is in the officer's possession, he does not have to ask permission to run the serial number.

No where in that statement does the officer ask permission to take the weapon nor did the OP grant permission. He was instructed to exit the vehicle, was patted down held at detention while the officer removed the weapon from the vehicle. Exiting the vehicle is not consent to search (enter) the vehicle. The fact the OP allowed it to happen does not alter the fact that no consent was asked for or given.

Once the OP was separated from the weapon, restricting his ability use the weapon against the officers and being held at detention while he was checked out and it was determined he was clean and not the person of interest no further investigation was needed! PERIOD end of contact!

 

[E5RANGER375]

yeah, if you are forced to get out of your car on a stop many lawyers recommend locking the door and closing it behind you.

 

[RichardR]

No where in that statement does the officer ask permission to take the weapon nor did the OP grant permission. He was instructed to exit the vehicle, was patted down held at detention while the officer removed the weapon from the vehicle. Exiting the vehicle is not consent to search (enter) the vehicle. The fact the OP allowed it to happen does not alter the fact that no consent was asked for or given.

Once the OP was separated from the weapon, restricting his ability use the weapon against the officers and being held at detention while he was checked out and it was determined he was clean and not the person of interest no further investigation was needed! PERIOD end of contact!

yeah, if you are forced to get out of your car on a stop many lawyers recommend locking the door and closing it behind you.

I just wanted to echo both of these statements.

 

[henktermaat]

If I must drive on 38th Street, no matter the time of day, the officers better look for more than one gun on my person

 

[grizman]

Once the item (gun, laptop, TV, phone, etc) is in the officer's possession, he does not have to ask permission to run the serial number.

You are ignoring the fact that the way the officer gained possession of the property is the problem.
I see now you believe the end justifies the means for LE. So in your mind we are to subject to any treatment by, and should have no complaints about such treatment by, LE because they have a job to do right? After all it is for the collective good and a safer society correct.

This type of attitude and willingness to allow personal rights violations along with the reductions of freedoms in the name of "safety" lead to, over time, the institution of a socialistic system and a full blown Police State intended to oppress,control and devoid it's subjects of all freedoms and self determination. Socialism is a disease only kept in check by those that refuse to simply sit back and allow it to happen. Our primary tools are limited to demanding that the authorities recognize and abide by our laws, respecting the sovereign rights of the people and operating within the limited scope of their granted power.

We are not the vocal lunatic paranoids portrayed by the liberal media, we are the persistent watch dogs of freedom barking loud and proud to draw attention to the "thief in the night" stealing our way of life!

P.S. WOOF WOOF!!!!

 

[hornadylnl]

What would Patrick Henry do?

 

[grizman]

What would Patrick Henry do?

Bark to his dieing breath!!!!!!!!!

 

[grizman]

I have discussed the issue of running serial numbers with other officers I work with and there are a lot of different ways to look at that. I have only run 1 serial number on a gun that was not in possession of someone who wasn't under arrest for another crime (not a traffic crime either, drugs, violent crime, illegal poss of firearm, etc.). This one instance was where a member of INGO asked how to have his firearm checked and I offerred to help out and promised to not arrest if the weapon came back stolen.

My take: if I take a weapon in the name of officer safety, I have given the owner of the weapon no choice but to give me the gun. Without giving them the choice, my access to the serial number was obtained by force. If I find a stolen gun that way, a good defense attorney will call it fruit of the poisonous tree and attempt to get the whole case tossed.

Now, if I ask for the weapon (Can I take the weapon for officer safety?) and the person complies, I have access to the serial number. Only if they say they would rather not and I then give them no choice would the above apply.

You sir, are an honorable man and indeed deserving of respect. Now given.

 

[steve666]

Unlawful search and seizure.

If this is the worst that ever happens to you then poor poor pitiful you!!! Boo Hoo.

 

[Culpepper]

What would Patrick Henry do?

Well, he wouldn't be driving a car and they wouldn't be taking his weapon to run it on a computer to verify it is not stolen.

You are ignoring the fact that the way the officer gained possession of the property is the problem.
I see now you believe the end justifies the means for LE. So in your mind we are to subject to any treatment by, and should have no complaints about such treatment by, LE because they have a job to do right? After all it is for the collective good and a safer society correct.

This type of attitude and willingness to allow personal rights violations along with the reductions of freedoms in the name of "safety" lead to, over time, the institution of a socialistic system and a full blown Police State intended to oppress,control and devoid it's subjects of all freedoms and self determination. Socialism is a disease only kept in check by those that refuse to simply sit back and allow it to happen. Our primary tools are limited to demanding that the authorities recognize and abide by our laws, respecting the sovereign rights of the people and operating within the limited scope of their granted power.

We are not the vocal lunatic paranoids portrayed by the liberal media, we are the persistent watch dogs of freedom barking loud and proud to draw attention to the "thief in the night" stealing our way of life!

P.S. WOOF WOOF!!!!

I am sure more like, meow meow

Now where is that tinfoil hat smile?

Guess this is the best we have:

 

[Benny]

yeah, if you are forced to get out of your car on a stop many lawyers recommend locking the door and closing it behind you.

That sounds like a good idea, but unless you swallow the key, couldn't they just take it and unlock the door?

 

[pftraining_in]

That sounds like a good idea, but unless you swallow the key, couldn't they just take it and unlock the door?

Once the doors are locked, the officer would have to obtain a search warrant to enter the car. They would then need probable cause to obtain the warrant.

However, you would be greatly delayed in your travels as your car would be detained at the scene while the officer contacted a prosecutor, drove to the courthouse, waited for the warrant to be completed, received a judge's signature and drove back to the scene.

Once back at the scene, the officer would be allowed to enter the vehicle by whatever means are necessary to complete the execution of the warrant. Could be a breezy drive after that.

 

[grizman]

Well, he wouldn't be driving a car and they wouldn't be taking his weapon to run it on a computer to verify it is not stolen.



I am sure more like, meow meow

Now where is that tinfoil hat smile?

Guess this is the best we have:

You so funny! But so far off. I see you feel the need to resort to childish insults and personal attacks as a substitute for a legitimate rebuttal. Why not just bow out instead of taking the low road. This does nothing to discredit me. Can't say the same for you though.

 

[jsharmon7]

We are not the vocal lunatic paranoids portrayed by the liberal media, we are the persistent watch dogs of freedom barking loud and proud to draw attention to the "thief in the night" stealing our way of life!

And how are you "barking loud and proud to draw attention to the 'thief in the night?'" By arguing on an internet message board?

 

[ATM]

What made an officer think they could just retrieve a firearm from inside the vehicle without asking first?

Did it smell like dope?

Now where is that tinfoil hat smile?

Right here:
Though it doesn't seem to be a good fit when one is just speaking of exercising their rights.
Normally that headgear is reserved for conspiracies and thought protection.

 

[E5RANGER375]

Once the doors are locked, the officer would have to obtain a search warrant to enter the car. They would then need probable cause to obtain the warrant.

However, you would be greatly delayed in your travels as your car would be detained at the scene while the officer contacted a prosecutor, drove to the courthouse, waited for the warrant to be completed, received a judge's signature and drove back to the scene.

Once back at the scene, the officer would be allowed to enter the vehicle by whatever means are necessary to complete the execution of the warrant. Could be a breezy drive after that.

its a lot harder to find PC if the windows are up and doors are shut. cant use the excuse that they smell something coming from the vehicle. they would need to see something illegal visible.
I have a key hidden if I am asked out of the car. my keys stay inside and doors are locked door is shut.
once again, this is not done out of disrespect to the officer but only to ensure that I protect my own rights. I dont know one cop from another on the street. If I committed an infraction then give me a ticket and I will pay the fine that I deserve. Im not trying to get any breaks so im not concerned about "favors" for cooperating (going along with).

 

[grizman]

And how are you "barking loud and proud to draw attention to the 'thief in the night?'" By arguing on an internet message board?

Got your attention didn't it. You know nothing of my activity in the community either. How, by the way are furthering the fight to maintain our rights?

 

[jsharmon7]

Got your attention didn't it. You know nothing of my activity in the community either. How, by the way are furthering the fight to maintain our rights?

I know absolutely nothing of your current involvement in the community, so why don't you tell me how you're making a difference? As far as mine, well it doesn't really matter since I didn't post up anything claiming that I was trying to be an internet crusader.

 

[PaulJF]

its a lot harder to find PC if the windows are up and doors are shut. cant use the excuse that they smell something coming from the vehicle. they would need to see something illegal visible.
I have a key hidden if I am asked out of the car. my keys stay inside and doors are locked door is shut.
once again, this is not done out of disrespect to the officer but only to ensure that I protect my own rights. I dont know one cop from another on the street. If I committed an infraction then give me a ticket and I will pay the fine that I deserve. Im not trying to get any breaks so im not concerned about "favors" for cooperating (going along with).

Same here except I have a number keypad on my door.

 

[kludge]

So is this just SOP now or what?

"Do you have any weapons?"

Seriously, I haven't been stopped in forever, but forever ago I got stopped a lot, and I was never asked this question.