Seizure of firearms at traffic stop

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  • CX1

    Marksman
    Rating - 0%
    0   0   0
    May 27, 2012
    254
    16
    Vigo Co.
    Ok, let's throw a curve ball at this thread: what if:

    I'm pulled over, and answer yes to the question "are there any weapons in the vehicle"? And answer yes to the question " do you have a LTCH"? And the officer ask me to to get out of the vehicle and I refuse saying "no I will not, and I do not concent to a search of my vehicle or seizer of my firearm. You are violating my rights. Write me my citation for what I have done and let me go on my way. My firearm has absolutely nothing to do with this traffic stop and I think it should stay where it is for both of our saftey".

    Honestly to the Leo's here, what would your reply be to that. Not that im trying to be tough, or a bad a$$, but it's the truth.

    Though I have seen videos of people who refuse to get out of their vehicle at the command of an officer and get away with it I have also seen them get forcibly removed from their vehicles and it does not look pleasant.

    The advice of get out and lock your doors is spot on. :yesway:
     

    Rookie

    Grandmaster
    Rating - 100%
    14   0   0
    Sep 22, 2008
    18,194
    113
    Kokomo
    They have every right to order you out of the vehicle, but I can't remember the actual case that gives them the right.
     

    billyboyr6

    Expert
    Rating - 100%
    29   0   0
    Jan 28, 2010
    996
    18
    greenfield
    Lock the doors behind me? I can see that being a good thing if my firearm is not on my person. What if it is in its holster on my belt? Then what? If I'm ordered out of my truck and it's on my belt, then it gets out with me. Then he or she takes it anyway. They have violated my rights again. But there is nothing I can do. Right?
     

    KLB

    Grandmaster
    Rating - 100%
    5   0   0
    Sep 12, 2011
    24,075
    77
    Porter County
    Ok, let's throw a curve ball at this thread: what if:

    I'm pulled over, and answer yes to the question "are there any weapons in the vehicle"? And answer yes to the question " do you have a LTCH"? And the officer ask me to to get out of the vehicle and I refuse saying "no I will not, and I do not concent to a search of my vehicle or seizer of my firearm. You are violating my rights. Write me my citation for what I have done and let me go on my way. My firearm has absolutely nothing to do with this traffic stop and I think it should stay where it is for both of our saftey".

    Honestly to the Leo's here, what would your reply be to that. Not that im trying to be tough, or a bad a$$, but it's the truth.
    Don't answer the questions in the first place?:dunno:
     

    MikeDVB

    Grandmaster
    Rating - 100%
    7   0   0
    Mar 9, 2012
    8,688
    63
    Morgan County
    Lock the doors behind me? I can see that being a good thing if my firearm is not on my person. What if it is in its holster on my belt? Then what? If I'm ordered out of my truck and it's on my belt, then it gets out with me. Then he or she takes it anyway. They have violated my rights again. But there is nothing I can do. Right?
    Sure, but locking the doors behind you keeps them from furthering the violation of your rights by physically refusing them the privilege of searching your vehicle.

    Whether my weapon is on my hip or not when I get out, my vehicle will be locked behind me.
     

    MikeDVB

    Grandmaster
    Rating - 100%
    7   0   0
    Mar 9, 2012
    8,688
    63
    Morgan County
    Absolutely, my post was just a what if kind of question. I would never inform them.
    There are times that it may be a good idea, like if they quite possibly will see it on their own. I've been pulled over a few times - some I admittedly did violate a traffic law and other times I didn't [not trying to argue that]. Out of all of the times I have been stopped, I've never been asked if I had a weapon on me or in the car - I handed them my information, they told me what I did, they gave me my ticket or warning, and I was on my way.

    I think the long and short of it is that if you obey the traffic laws by and large you will avoid most hassle. I have been pulled over when I wasn't doing anything wrong with a BS excuse, but that's rarer in my experiences than most make it out to be.
     
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