Traffic stop, officer confiscated my firearms.

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • LionWeight

    Sharpshooter
    Rating - 100%
    20   0   0
    Sep 17, 2011
    530
    18
    Merrillville
    I accept people's criticism readily. My son's (supervised) driving will be
    perfectly legal when he gets his beginners permit in a few weeks. As far I am
    concerned, there was no real harm done.

    Here is where the problem is. There are MANY responses here on what you did wrong, but as far as your concerned, there was no real harm done. In spite of the fact that there are alot of posts explaining what you did wrong. I hope that at some point you CAN see what harm was done and is still being done. Before it's too late. Russian roulette is a game that can be played without consequences some of the time, but when it isn't, the consequences are unbearable. I hope you learn that what you are doing is not safe before it is too late.
     
    Last edited:

    Love the 1911

    Sharpshooter
    Rating - 100%
    6   0   0
    Oct 20, 2010
    512
    18
    I can't believe this thread is still going strong. Lots of lessons to be learned from this experience. The most important one for me is to not give breaks to people. Obviously, your level of intoxication affected your judgement that night. Either that, or you can admit in open court that you commonly allow underaged children to operate your vehicle. Perhaps this officer believes that you need to be taught a lesson but is not interested in charging both you and your son with misdemeanors. Maybe he feels a $150 fine will get the point across without being too harsh. Good luck in getting this thrown out and really showing your son how to avoid punishment for things that you've done wrong.
     

    lrahm

    Master
    Rating - 0%
    0   0   0
    May 17, 2011
    3,584
    113
    Newburgh
    TTravis - I accept people's criticism readily. My son's (supervised) driving will be
    perfectly legal when he gets his beginners permit in a few weeks. As far I am
    concerned, there was no real harm done.

    If your son had a wreck you might be re-thinking that. The insurance might not cover for "no harm done".
     

    lrahm

    Master
    Rating - 0%
    0   0   0
    May 17, 2011
    3,584
    113
    Newburgh
    I can't believe this thread is still going strong. Lots of lessons to be learned from this experience. The most important one for me is to not give breaks to people. Obviously, your level of intoxication affected your judgement that night. Either that, or you can admit in open court that you commonly allow underaged children to operate your vehicle. Perhaps this officer believes that you need to be taught a lesson but is not interested in charging both you and your son with misdemeanors. Maybe he feels a $150 fine will get the point across without being too harsh. Good luck in getting this thrown out and really showing your son how to avoid punishment for things that you've done wrong.

    I agree. I think that you are trying to justify what happened even though laws were broke. I wish you well.
     

    TTravis

    Master
    Rating - 100%
    1   0   0
    Sep 13, 2011
    1,591
    38
    Plainfield / Mooresville
    I know you guys want me to let this go. I made several mistakes that night, but it is not the crime of the century, and there was no harm done to anybody, or anything.

    I started this thread, so I want to keep it updated for those following along.
    I stopped by the PD yesterday with a written request for the police report, video, data transmissions, and officer report. This is the same information I requested in my probable cause motion that has not been forwarded to the PD yet. In the letter, I mentioned that this information should be made available as specified in IC 5-14-3.

    The records clerk first tried to tell me that since there was a court case, the information was not public. I then she asked who my lawyer was and that my lawyer should request it. I told her that so far, I am representing myself and I needed the information to have lawyers review to see if they wanted to take the case.

    After standing at the window for about 30 minutes, they printed out a Officer Report that contained the following information: Basic place, date and time. Four officers names and badge numbers as responding officers. Complaint Observed: Child Abuse/Neglect. Offense Codes: CHIL Child Abuse/Neglect, PUBI Public Intoxication.

    under the INVOLVEMENTS section, there was a short statement:

    On (date, time) Charges were filed against (me) for neglect of a dependant, public intoxication, and for allowing an unlicensed juvenile to operate a vehicle, after being stopped in the area of (location just inside town limits, although I was stopped out of town).

    I filled out a special form they had requesting the video. The questions on the form were such that it is normally used for another agency to request information and not an individual. I left my number for them to call when the video was ready. According to 5-14-3, this should be within 24 hours.

    From this report I get the impression that the officer did not try to cut me any breaks. It looks like once the prosecutor reviewed it, the charge wound up being "permitting unlawful use of vehicle", which is a class C infraction.

    There was no mention of weapons, or the fact they were confiscated.

    No mention of any type of probable cause.

    Are they not use to getting such requests? Is is rare for anyone to fight them in court? Why might they be so reluctant to give up the video?

    I have my own feelings as to why they do not want to give the video up. The officer made plenty of mistakes and I don't think it will get him nominated for the "Officer Friendly" award. My hope is that they will drop the case so they will not have to give up the information that is potentially embarrassing to the PD.
     

    lrahm

    Master
    Rating - 0%
    0   0   0
    May 17, 2011
    3,584
    113
    Newburgh
    "Charges were filed against (me) for neglect of a dependant, public intoxication, and for allowing an unlicensed juvenile to operate a vehicle"

    Neglect can be a little more than just a simple case. I would probably consult someone on this. Good luck.
     

    LionWeight

    Sharpshooter
    Rating - 100%
    20   0   0
    Sep 17, 2011
    530
    18
    Merrillville
    I know you guys want me to let this go. I made several mistakes that night, but
    it is not the crime of the century, and there was no harm done to anybody, or
    anything.



    Don't you get it? If it were the crime of the century you would have been arrested and probably your son as well.


    From this report I get the impression that the officer did not try to cut me any
    breaks. It looks like once the prosecutor reviewed it, the charge wound up
    being "permitting unlawful use of vehicle", which is a class C infraction.

    The below statement tells me that he did cut you a break.

    There was no mention of weapons, or the fact they were confiscated.

    Your still missing the point that your son did something which is illegal. Whether you agree with the law or not. You are your sons guardian and therefore responsible for him, which means you did something illegal as well. It's obvious by your continued pursuit of this that your not going to let it go. You may find that once they see your going to fight them on this they pursue EVERY legal action they can against you. Seriously check the POSSIBLE charges they could file for your "alleged" actions on that day. What MIGHT you face if that is the route they decide to take. Many of the posters are trying to get you to see what you could face if they choose to pursue. These posts I think are not meant to condemn you for your choices, but to give you a heads up on what you might unleash by your actions. You do what you feel is best but....:dunno::dunno: if that is in your best interest.
     

    EXLINE

    Marksman
    Rating - 100%
    2   0   0
    Oct 9, 2011
    162
    18
    Hendricks Co.
    Was it Plainfield PD? I got arrested for DUI in 08 leaving Bubbaz right there at 267 and Stafford. Lived in the apartments right across the street too, I thought ahh what the hell its 30 seconds away. Had a Sigma .40 i kept in the glove box(I know). They took it and by the time i got off probation in 2009 they evidence had been destoyed they said. I had a box of hollow points that came up missing that night too.
     

    public servant

    Grandmaster
    Rating - 100%
    23   0   0
    Was it Plainfield PD? I got arrested for DUI in 08 leaving Bubbaz right there at 267 and Stafford. Lived in the apartments right across the street too, I thought ahh what the hell its 30 seconds away. Had a Sigma .40 i kept in the glove box(I know). They took it and by the time i got off probation in 2009 they evidence had been destoyed they said. I had a box of hollow points that came up missing that night too.
    Indiana... come on vacation...leave on probation.
     

    TTravis

    Master
    Rating - 100%
    1   0   0
    Sep 13, 2011
    1,591
    38
    Plainfield / Mooresville
    Was it Plainfield PD? I got arrested for DUI in 08 leaving Bubbaz right there at 267 and Stafford. Lived in the apartments right across the street too, I thought ahh what the hell its 30 seconds away. Had a Sigma .40 i kept in the glove box(I know). They took it and by the time i got off probation in 2009 they evidence had been destoyed they said. I had a box of hollow points that came up missing that night too.

    Sorry to hear about your troubles. No it was not Plainfield. We live between Plainfield and Mooresville out in the country. My kids go to Plainfield HS. Hopefully you are still carrying. Maybe we can do a meet and eat with other local members in the area sometime. If you're looking for a place to shoot, I'll have you over sometime.
     

    TTravis

    Master
    Rating - 100%
    1   0   0
    Sep 13, 2011
    1,591
    38
    Plainfield / Mooresville
    TTravis...have you been practing catching books when they are thrown at you? I now hope this is a skill that you will need. I believe this is what it will take to knock some sense into you.

    I have shown up and fought many traffic tickets before and won abut 80% of the time. I will not be intimidated out of exercising my rights.
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    So, what IS the legal limit for a person holding a class A CDL? I'll tell you, it is .04 and that limit is the same for said CDL holder even when they are in a personal vehicle. So, let's say I blow a .05 or .06 when driving my ford taurus, but my license is a class A, are you saying you would let me go? I hope so, but the limit is .04.

    If your not driving in a way that endangers the public. I'd probably let you go. And depending on why I stopped you, I may just have you park your car ad have someone come get you.

    Actually at .08, I rarely arrest people. Most of my DUIs have been well above.
     

    ultraspec

    Sharpshooter
    Rating - 100%
    2   0   0
    Jun 5, 2010
    710
    16
    After reading this thread, and seeing it first hand IRL this is why I dont cut any breaks, and just do what I need to do.


    Also the OP seems to just keep asking for advice and when receiving it, will go on to restate his argument(s) and hope for a different response than those already given.


    Several officers have told you their advice backed by real world experience and you refuse to accept it. Since your last update says the ofc referred to three charges to the prosecutor you may want to think twice about all of this. Quite simply the officer stated his p.c. in his paperwork to the pros, and the judge can use the same to brings those additional charges against you. I do see now based on this you have decided to just pay the fine if you cannot get it tossed before court. Thats a good decision, however you have admitted to pretty much everything the ofc referred to the pros for charges.

    The difference between men and boys are the lessons we learn I was once told. This case is an epic example of it. You screwed up and got caught. be glad you didnt get charged with all of it. Be glad your kid didnt lose control of the vehicle with a trailer and get someone hurt. And be glad that the officer didnt give you back your guns and something worse happen like you needing to use one of them for self defense despite being inebriated by stopping you maybe he prevented something worse happening IDK.

    Just my 2 cents after reading all of this.
     

    Benny

    Grandmaster
    Rating - 66.7%
    2   1   0
    May 20, 2008
    21,037
    38
    Drinking your milkshake
    If your not driving in a way that endangers the public. I'd probably let you go. And depending on why I stopped you, I may just have you park your car ad have someone come get you.

    Actually at .08, I rarely arrest people. Most of my DUIs have been well above.

    Police are allowed to let someone go at .08? That seems like a huge liability.
     
    Top Bottom