Pulled Over

[Manatee]

If you have an LTCH, the officer will know when he queries your license. If he asks you: "Do you have a firearm in the vehicle?", what is your answer?

 

[GunnerDan]

I am not disagreeing with you. I will only add the observation that the officer really didn't seem too sure about how to handle a situation with someone actually LEGALLY carrying. He never asked me for my LTCH, he seemed to be thinking about what he was supposed to do. He asked me if I was an LEO or just carrying for personal protection, but he never asked for the LTCH, I just cut to the quick and handed it to him. He also initially said that he was going to call for "another car", but another car never showed up. I sensed that he wasn't sure what to do so he probably got some radio assistance on what steps to follow. Just my intuition, but not sure. It struck me as odd that someone of his rank, a sergeant, would be unsure of himself in that situation. Even when he returned the gun to the car he seemed unsure of what to do. After he put the gun under the seat, he sort of fumbled around. First he layed the magazine and extra round on the seat, then appeared to change his mind and decided to put it in the glove box. I felt uncomfortable with the way he handled it, but also sensed that he did the things he did more out of not really knowing what to do, rather than intending any illegal search.

I think that some remedial training is in order for this officer, if he gave you a ticket, then you have his name and badge number. I do believe a call to his supervisor is in order since he did Unconstitutionally search your glove box, and did partially disassemble your weapon by dropping the mag and removing the Barney round.

Gunner

 

[looney2ns]

Don't be breaking laws to put yourself in such a position is a place to start.

 

[Mark 1911]

This is the type of behavior that needs to be corrected. There is no legal or articulable reason for the officer to have taken your gun. Unless he has a reason that he can articulate as to why he needs to remove the firearm from your area of control, he should leave it be. "Officer safety" doesn't count as an articulable reason. Many officers are doing this kind of thing "just because that's how we have always done it" and that's not acceptable. Departments are getting sued because officers are damaging expensive guns doing this kind of thing. I know that my department has paid-out several settlements for damaged guns, one on an Ed Brown 1911 that was dropped as it was being taken for "officer safety". You need to file a formal, written complaint with the Chief of Police about this incident, that's the only way this kind of behavior will get changed. I don't know how things work in Hammond, but send a copy of your complaint to the Mayor, City Council, or whomever has a seat at the policy table along with the Chief.

Thank you! That's what I was waiting to hear. I will follow up on this on file a complaint. Regarding timing, do you think there is any value in waiting to contact the chief / file a complaint until after the court date so that this issue does not influence the court decision on my speeding ticket? Court date is about 6 weeks out.

 

[GunnerDan]

If you have an LTCH, the officer will know when he queries your license. If he asks you: "Do you have a firearm in the vehicle?", what is your answer?

A resounding NO! Oh and it isnt illegal to lie to him either... and yep, I would be lying.

Gunner

 

[GunnerDan]

Thank you! That's what I was waiting to hear. I will follow up on this. Do you think there is any value in waiting to write to the chief until after the court date so that this issue does not influence the court decision on my speeding ticket? Court date is about 6 weeks out.

Your really worried about a speeding ticket? Pay the thing, and move on...

Gunner

 

[VUPDblue]

Thank you! That's what I was waiting to hear. I will follow up on this on file a complaint. Regarding timing, do you think there is any value in waiting to contact the chief / file a complaint until after the court date so that this issue does not influence the court decision on my speeding ticket? Court date is about 6 weeks out.

No reason to wait. In fact, the sooner the better. Unless you have some proof-positive evidence that you were not speeding then you are going to lose in court anyway.

 

[Mark 1911]

Your really worried about a speeding ticket? Pay the thing, and move on...

Gunner

I like to shop around for the best price!

 

[GunnerDan]

Don't be breaking laws to put yourself in such a position is a place to start.

I agree with this statement. People in my neighborhood hate my driving because I NEVER speed, I come to COMPLETE stops at all the stop signs. I have actually had someone run into my receiver hitch, it make a nice hole in the bumper, them back up and rip the entire bumper off of their car. They they get out screaming at me about why I was stopped. When I told them it was a legal requirement to stop at a stop sign and I would be more than happy to call the police to report them ramming my truck from behind, they decided it was better to pick up their bumper put it in their back seat and carry on... LOL... I do love that one...

Gunner

 

[Mark 1911]

No reason to wait. In fact, the sooner the better. Unless you have some proof-positive evidence that you were not speeding then you are going to lose in court anyway.

Good enough. I will follow up right away, and do appreciate your input.

 

[GunnerDan]

I like to shop around for the best price!

I guess I can understand that, but because you make a complaint on an officer wont make a bit of difference in court, you were speeding, he has the speed gun info, judge says, ok, your speeding, you came to court, pay the fine, next...

LOL

Gunner

 

[Manatee]

A different view:

Any traffic stop where I don't end up in cuffs and neither of us get shot is a good stop. If I can get a $300 ticket reduced to a parking violation, I'm gonna do what the officer said. I am NOT gonna call his boss. I'm not gonna become a test case for the second or fourth amendment. I'm gonna do my best not to be on anyone's sh*t list in my community.

On the other hand, if I did have an illegal substance in the vehicle and the officer found it when he opened my glove compartment, you have cause to have your lawyer get the likely charges thrown out.

As Mr. Miyagi said: "Walk on road, hm? Walk left side, safe. Walk right side, safe. Walk middle, sooner or later [makes squish gesture]"

 

[Mark 1911]

Don't be breaking laws to put yourself in such a position is a place to start.

No argument here. The reason the officer wrote me a local ordinance violation instead of the normal State of Indiana complaint is because I have a clean driving record. I normally do keep it under 10 over.

 

[Bunnykid68]

If you have an LTCH, the officer will know when he queries your license. If he asks you: "Do you have a firearm in the vehicle?", what is your answer?

It would still be no

 

[Miketodd]

A different view:

Any traffic stop where I don't end up in cuffs and neither of us get shot is a good stop. If I can get a $300 ticket reduced to a parking violation, I'm gonna do what the officer said. I am NOT gonna call his boss. I'm not gonna become a test case for the second or fourth amendment. I'm gonna do my best not to be on anyone's sh*t list in my community.

On the other hand, if I did have an illegal substance in the vehicle and the officer found it when he opened my glove compartment, you have cause to have your lawyer get the likely charges thrown out.

As Mr. Miyagi said: "Walk on road, hm? Walk left side, safe. Walk right side, safe. Walk middle, sooner or later [makes squish gesture]"

There is a difference in becomming a "test case" and standing up for your rights. What if our founding fathers decided not to be "test cases" against England and decided that "as long as I am not in jail, I'm ok.". I understand wanting to fly low on the radar, but if you don't stand up for your rights, who will? Badge and some pretty lights doesn't give someone the right to violate your rights.

 

[N8RV]

A resounding NO! Oh and it isnt illegal to lie to him either... and yep, I would be lying.

Gunner

I think this has been hashed out on other threads. It is, in fact, a bad thing to lie to the officer when asked directly if you have any weapons on you or in the vehicle.

 

[Manatee]

There is a difference in becomming a "test" case and standing up for your rights. What if our founding fathers decided not to be "test cases" against England and decided that "as long as I am not in jail, I'm ok.". I understand wanting to fly low on the radar, but if you don't stand up for your rights, who will?

Let's just say I pick my fights based on better criteria. When I'm 14 mph over the speed limit and no cuffs, no broken firearm, I'm gonna go get a burger and forget about it.

We have too many armchair warriors on this site.

 

[GunnerDan]

A different view:

Any traffic stop where I don't end up in cuffs and neither of us get shot is a good stop. If I can get a $300 ticket reduced to a parking violation, I'm gonna do what the officer said. I am NOT gonna call his boss. I'm not gonna become a test case for the second or fourth amendment. I'm gonna do my best not to be on anyone's sh*t list in my community.

On the other hand, if I did have an illegal substance in the vehicle and the officer found it when he opened my glove compartment, you have cause to have your lawyer get the likely charges thrown out.

As Mr. Miyagi said: "Walk on road, hm? Walk left side, safe. Walk right side, safe. Walk middle, sooner or later [makes squish gesture]"

Why would ANY traffic stop end up with you in cuffs or shot? I mean really, unless you love really speeding super fast, then I cant see why you would be worried at all. As for being on someones crap list, who cares, why because you are afraid they are going to pull you over all the time, dont speed, stop at all signs, use your turn signals, make sure all your lights work, dont carry your weed in the car, and you have nothing to worry about.

Gunner

 

[VUPDblue]

Let's just say I pick my fights based on better criteria. When I'm 14 mph over the speed limit and no cuffs, no broken firearm, I'm gonna go get a burger and forget about it.

We have too many armchair warriors on this site.

Truer words have never been spoken.

 

[GunnerDan]

I think this has been hashed out on other threads. It is, in fact, a bad thing to lie to the officer when asked directly if you have any weapons on you or in the vehicle.

If it isnt unlawful, then I could personally care less. I am not in the business to offer any information to the officer that isnt coincidental to the stop at hand.

Gunner