Pulled over tonight...

[trnsplntfrmohio]

Well I was driving back from getting my rifle and...
I turned Right to get back on IN-1 and I heard my radar go off, and I see flashing lights behind me (which turn out to be the flashing stop light)

I pull off a side road and he comes up and asks why I stopped. I gave him my story and he saw my rifle in my back seat. He told me I need to cover it up. Strange, I did not know a long gun had to be concealed in a vehicle. Well he asks me why I seem nervous and if I'm hiding anything. I say no.

He eventually probes enough that I admit I'm carrying and have my license,
Well he has me get out of my car, disarms me, takes my licenses and tells me to keep my hands on the steering wheel.

He clears my pistol takes it back to the cruiser.

He comes back holding my pistol and tells me to put my rifle in my hatch. THEN he freaks out that I pointed it at him.

WELL DUMBASS IT'S A 3 FOOT LONG RIFLE IN A COMPACT CAR HOW ELSE DO I GET IT OUT, DON'T STAND NEXT TO MY DOOR. DURRRR

Well I put it in my hatch he puts my handgun, magazine separate and tosses the round that was in the chamber in the trunk and tells me to drive down the road and I can re-holster.

Gar I understand he's protecting himself but geez.

I always have been respectful of an officers wish but from now on I will never admit that I am carrying until it is law.

 

[redneckmedic]

I think that 42769vette called ahead and warned them about you

 

[Manan]

Does any law officer in Indiana have the right to disarm you without cause? Particularly in the case that you broke no law?

Serious question I hope will be answered by someone who really knows.

 

[ATF Consumer]

Sounds like a powertripper to me...

 

[JBusch8899]

.

 

[trnsplntfrmohio]

I want to know what the stink was about the rifle. I've seen gun racks in trucks south of the Fort. Whats the deal!1

 

[ATF Consumer]

I want to know what the stink was about the rifle. I've seen gun racks in trucks south of the Fort. Whats the deal!1

Absolutely nothing...just a LEO that doesn't think the average citizen should have such things.

 

[Manan]

In Terry v. Ohio, this case refers to stop and frisk. And again, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.

Does Indiana law allow the confiscation of a firearm, even temporarily, when NO crime has been committed or there is NO "reasonable suspicion" (auto doctrine) or "probable cause" (non-auto doctrine) of a crime having been committed?

I was pulled over a few months ago and the officer asked for my firearm. I just told I preferred not to unless he was officially ordering me to so. He absolutely looked shocked and returned my DL and told me to have my brake light repaired. I would have given my firearm to him had he ordered me to, but to just ask me, I felt I had the right to decline. He didn't push it.

 

[infidel]

I want to know what the stink was about the rifle. I've seen gun racks in trucks south of the Fort. Whats the deal!1

You can have a long gun in your vehicle. It doesn't have to be locked up, covered up, unloaded, or anything like that. You can have an AR with a drum mag, on fire, 1 in the chamber, hanging from your rearview mirror if you so desire.

Either the cop was unaware of the law, or more likely, he was letting his personal agenda interfere with his job.

I would have really pissed that guy off.
I would be calling/writing letters to his boss(es) if I were you.

 

[JBusch8899]

.

 

[Manan]

In Terry, the law has been expanded by the courts to include the OP. So yes, Terry applies.

What is an OP? And do you know of the specific case law or rulings that I can study?

In Terry v. Ohio, 392 U. S. 1, this Court held that a “stop and frisk”may be conducted without violating the Fourth Amendment’s ban on unreasonable searches and seizures if two conditions are met. First, the investigatory stop (temporary detention) must be lawful, a requirement met in an on-the-street encounter when a police officer reasonably suspects that the person apprehended is committing or has committed a crime. Second, to proceed from a stop to a frisk(pat down for weapons), the officer must reasonably suspect that the person stopped is armed and dangerous.

I don't see that in this case the officer had made a lawful stop and this man was not apprehended or suspected of committing a crime. Also, did the officer reasonably suspect that this person was armed and "Dangerous".

 

[JBusch8899]

.

 

[trnsplntfrmohio]

ok I'll fess up. The rifle was on my front seat HEHE. but still. the cop was a major prick.

anyone know what town I was in turning from IN-28 onto IN-1?


Ridgeville?

 

[JBusch8899]

.

 

[Andre46996]

I would have not opened the hatch basically you gave him a free peak he was looking for probable cause.

Were you ticketed for anything?

Do you have the officers information?

This would not go away easy, at the very least I would contact his superiors and ask that he be retrained in Indiana law.

 

[trnsplntfrmohio]

I found Officer Gomer Pyle that pulled me over

he's the doofus looking one in green earmuffs

 

[Manan]

O.K., IC 34-28-5-3 covers the right of LEO to stop and hold a person long enough to write him a ticket when a person has committed a crime or infraction. But in this case no law was broken and the officer confiscated a mans weapon. I still don't see the LEO's authority to do so.

IC 34-28-5-3 Detention
Sec. 3. Whenever a law enforcement officer believes in good faith
that a person has committed an infraction or ordinance violation, the
law enforcement officer may detain that person for a time sufficient
to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.

I was a cop for over 20 years, I kinda get it on the difference between "reasonable suspicion" & "probable cause". I just don't see either in this case.

 

[trnsplntfrmohio]

I would have not opened the hatch basically you gave him a free peak he was looking for probable cause.

Were you ticketed for anything?

Do you have the officers information?

This would not go away easy, at the very least I would contact his superiors and ask that he be retrained in Indiana law.

not ticketed for anything. The only thing in my hatch is a small propane tank with stove, 2 quart pot, a couple gallons of water, and a couple cans of refried beans and my golf clubs.

 

[JBusch8899]

.

 

[Manan]

not ticketed for anything. The only thing in my hatch is a small propane tank with stove, 2 quart pot, a couple gallons of water, and a couple cans of refried beans and my golf clubs.

If this isn't enough for a full blown search and then seizure of your vehicle and all its contents, I don't know what is?????