I got pulled over last night...

[Kutnupe14]

Am I missing something here? He searched your vehicle w/o permission OR PC? For what? You should, no it's your duty to complain.

 

[Wwwildthing]

"Do you know why I pulled you over?"
"Where are you going?"
"Where did you just come from?"

When they ask these questions... they're fishing for an excuse to jam you up.

Proof - As soon as he found out you were armed... he took your guns, put you in cuffs and searched your car.

Sounds to me like you should be glad he didn't plant any evidence.

Best line of this thread - "Cops who don't harass citizens don't need to be offended by my statements"

Given what we know so far... my attorney would be filing a complaint.

 

[Pocketman]

OK, devil's advocate, from the officer's perspective:

Stopped car fitting description of recent blah, blah blah. (Just guessing here since we don't know why Chef was stopped, do we?) Subject was evasive to questioning and carrying at least two handguns. Not knowing what else was in the vehicle, separated driver from the vehicle and his weapons. As a precautionary measure, cuffed the subject and performed a cursory check of the vehicle for other weapons. Upon further investigation Mr. Chef produced valid DL, vehicle registration and LTCH. No wants or warrants, so Mr. Chef was allowed to recover his handguns and be on his way. Total time of stop was less than 10 minutes.

Not saying I agree with the handcuffs and search. Once Chef was out of the vehicle, searching for weapons in the car wasn't really necessary. Cuffing during a search is a prudent measure though. No one likes to get whacked from behind. As I've posted before, as soon as the weapons were declared, officer could have told Chef to leave them where they are and produce his LTCH.

 

[snowman46919]

OK, devil's advocate, from the officer's perspective:

Stopped car fitting description of recent blah, blah blah. (Just guessing here since we don't know why Chef was stopped, do we?) Subject was evasive to questioning and carrying at least two handguns. Not knowing what else was in the vehicle, separated driver from the vehicle and his weapons. As a precautionary measure, cuffed the subject and performed a cursory check of the vehicle for other weapons. Upon further investigation Mr. Chef produced valid DL, vehicle registration and LTCH. No wants or warrants, so Mr. Chef was allowed to recover his handguns and be on his way. Total time of stop was less than 10 minutes.

Not saying I agree with the handcuffs and search. Once Chef was out of the vehicle, searching for weapons in the car wasn't really necessary. Cuffing during a search is a prudent measure though. No one likes to get whacked from behind. As I've posted before, as soon as the weapons were declared, officer could have told Chef to leave them where they are and produce his LTCH.

Wouldn't notifying occupant of why you stopped them made things 10 times easier

 

[Wwwildthing]

Wouldn't notifying occupant of why you stopped them made things 10 times easier

It would... if you had a valid reason.

 

[Indy317]

....he had no right to cuff and disarm the OP unless there is more to this story that hasn't come out.

Says who? Without a solid court ruling to back this up, any such lawsuit would likely be a waste of money.

He never even thought anout giving me a warning or a break on the speed.

Well, over at the Officer.com forums, the word is that troopers now have standards that they need to meet, or they don't get to take home their police car. If one works out the alleged quota numbers, it almost makes each individual trooper self-supporting.

 

[snowman46919]

It would... if you had a valid reason.

My point from the beginning there was either no reason for the stop or we aren't getting an accurate account

 

[Pocketman]

Wouldn't notifying occupant of why you stopped them made things 10 times easier

Perhaps, but it's not a good idea to walk up to a car and announce "I stopped you because you fit the description of a serial burglar."

 

[snowman46919]

Perhaps, but it's not a good idea to walk up to a car and announce "I stopped you because you fit the description of a serial burglar."

Wouldn't you have pulled this person from the car immediately if that were so to prevent a fleeing perpetrator? IMO if someone is acting otherwise innocently notifying them for the reason they were pulled over would help diffuse the situation. It also establishes the fact that the officer had probable cause for the stop in the first place other than he was bored.

 

[Bunnykid68]

Wouldn't you have pulled this person from the car immediately if that were so to prevent a fleeing perpetrator? IMO if someone is acting otherwise innocently notifying them for the reason they were pulled over would help diffuse the situation. It also establishes the fact that the officer had probable cause for the stop in the first place other than he was bored.

I agree with this. This cop should be forced to walk around for days checking to make sure peoples cars are locked.

 

[MinuteMan47]

...Yes you have rights, But if you avoid answering a question, the officer also has the right to be suspicious. He doesn't know where your going or what your doing out, For all he knows you just robbed someone, you haven't proved him otherwise yet...(snip)
Only criminals have something to hide.

Really?...








"What you're doing out"...........Wow. Don't tell that to the people on a Sunday cruise.

 

[Bunnykid68]

Officers do not have rights. free people do.

 

[88GT]

I still don't get whats wrong with answering the simple question on where your going....
Everyone says "I OC because only criminals have something to hide"
By avoiding answering the question, The officer can ONLY assume your hiding something.
Thus INGO Logic, Your a criminal
Right?

Because it's none of the cop's business if I haven't committed a crime.

Because the law doesn't mandate that I reveal it.

Because I don't wanna.

FWIW, it's not just small talk. The cop isn't being civil. He'd talk about the weather or something. Those questions have a purpose and they presume some level of guilt at the outset. I personally have a problem with that.

 

[MinuteMan47]

Officers do not have rights. free people do.

According to the above poster (not 88gt ), you do not have the right to be "out" without a good reason.

 

[norman428]

Because it's none of the cop's business if I haven't committed a crime.

Because the law doesn't mandate that I reveal it.

Because I don't wanna.

FWIW, it's not just small talk. The cop isn't being civil. He'd talk about the weather or something. Those questions have a purpose and they presume some level of guilt at the outset. I personally have a problem with that.

LOL He pulled you over, You did SOMETHING WRONG. Could be speeding, Could be your vehicle matches the description of a armed robbery that happened 5 min ago, AND you happen to have a gun. The questions do have a purpose, Did you just rob a bank? Or are you heading home from work?
....If your on a sunday cruse, tell the officer your on a sunday cruse. Duh?
"I dont wanna"
its like im talking to 10 year olds.

And just to be clear....If he left the door open, the officer can legally search anything in site, Unless he was moving things he doesn't need a warrant, or probable cause. He can poke his head around all he wants.
AND as of this year, any officer may look in your glovebox, without permission.
Believe it or not, that requires you to get in the car. You just cant be looking under seats and crap. Cmon guys, don't fight a law you don't actually know.
Oh, and probable cause can be ANYTHING. All you say is You have 2 guns, BEFORE you say you have a permit.... Anyone would be defensive. Its like common sense.

 

[Dpj]

I think thats straight B/S what the cop did. First, he had no reason asking you where you were going and came from. Also, just because you have weapons in your car doesn't mean anything as long as you have the proper permits to carry/own them. File a complaint with the local police office at the very least. He should not have asked you to leave the car and should not have cuffed you for doing nothing illegal.

 

[Rookie]

LOL He pulled you over, You did SOMETHING WRONG. Could be speeding, Could be your vehicle matches the description of a armed robbery that happened 5 min ago, AND you happen to have a gun. The questions do have a purpose, Did you just rob a bank? Or are you heading home from work?
....If your on a sunday cruse, tell the officer your on a sunday cruse. Duh?
"I dont wanna"
its like im talking to 10 year olds.

And just to be clear....If he left the door open, the officer can legally search anything in site, Unless he was moving things he doesn't need a warrant, or probable cause. He can poke his head around all he wants.
AND as of this year, any officer may look in your glovebox, without permission.
Believe it or not, that requires you to get in the car. You just cant be looking under seats and crap. Cmon guys, don't fight a law you don't actually know.
Oh, and probable cause can be ANYTHING. All you say is You have 2 guns, BEFORE you say you have a permit.... Anyone would be defensive. Its like common sense.

Could also be that he is simply fishing. If I get pulled over for speeding, then I expect to get a ticket for speeding. If I don't, bonus. What I don't need to do is justify my existence to anyone, especially the officer. What I'm doing, where I'm going, etc is simply none of his business. He isn't my parent or my priest so I don't have to tell him anything. Because I don't have to, I won't.
It has nothing to do with acting ten years old. It has everything to do with my value of privacy.

Btw, I would love to read up on our newest loss of rights. Do you have any vase law that I could look at?

 

[davidparrish60]

had the same problem. i got pulled over, had a new monte carlo black with limo tinted windows. the officer pulled me over and asked me all kinds of irrelevent questions, after him and three of his fellow officers pulled there guns on me as i told them i had a colt commander on my hip... it made me feel like i really had actually done something wrong.... put me in had cuffs forced my wife out of the car and started searching the car. after they finished the search they asked me why i was quivering all over( very warm night in july) i told them that i have type 1 diabetes and my suger was very low. as i sat there for 10 more minutes as the officers continued to bs and my suger was dropping lower... i was finally angry enough to ask them why they pulled me over and they said, i quote" your last name matched others in the data base, and we wanted to know if you had anything illegal." i finally told them that if they didnt let me go, they would have to call an ambulance for me because i would go into shock,so they took the hand cuffs off and said sorry for the trouble and put my pistol fully dis-assembled in my trunck and kept my ammo and sent me on my way.

kinda sounds like profiling to me...

 

[norman428]

Could also be that he is simply fishing. If I get pulled over for speeding, then I expect to get a ticket for speeding. If I don't, bonus. What I don't need to do is justify my existence to anyone, especially the officer. What I'm doing, where I'm going, etc is simply none of his business. He isn't my parent or my priest so I don't have to tell him anything. Because I don't have to, I won't.
It has nothing to do with acting ten years old. It has everything to do with my value of privacy.

Btw, I would love to read up on our newest loss of rights. Do you have any vase law that I could look at?

Then why not tell him your fishing?

Read away....
Indiana court upholds search of locked glove box
"INDIANAPOLIS (AP) — The Indiana Court of Appeals ruled Tuesday that police making a traffic stop have the right to search a car’s glove box for weapons, even if it is locked......"
Continue reading....
Court affirms locked glove box search | The Indiana Lawyer
I got one more, just gotta find it....
When I find the last one, Ill be sure to post that one too.
That work for ya?

 

[Rookie]

Thank you.