Traffic stop, officer confiscated my firearms.

[TTravis]

PI for a .02 happens every day in E-ville? That's crazy...I'm glad I live in Newburgh. Cops leave you the hell alone here(for the most part).

I take it you live in The Ville?

Oh God NO. I don't even live in Morgan County. The county line is my south property line. I can stand in my yard and pee on Morgan County! We are in Plainfield, but not in their town limits either. We like it that way.

 

[Benny]

Oh God NO. I don't even live in Morgan County. The county line is my south property line. I can stand in my yard and pee on Morgan County! We are in Plainfield, but not in their town limits either. We like it that way.

Sorry, that question was addressed to serpico...You have your location listed, so I didn't need to ask.

 

[Denny347]

No. It was a standard Breathalyzer. It looked like a juice box. He had me blow into it once I was in cuffs standing in front of his car.

I am thinking I should wait until the ticket trial is over, then file a complaint and/or file a lawsuit. A lawsuit would cost $135 to file..... roughly the cost I would save if I win the trial.

Count yourself lucky. If I stop you for a moving violation, suspect alcohol, give you a test, and you blow a .07...I'll likely be taking your guns because you can't take them with you in jail. You DIDN'T go to jail but you did not get your guns back (right or wrong). Quite possibly the officer decided to cut you a break and in his logic (maybe I would have done it differently) he wanted you to sober up before taking possession of them again. Get your guns and be done with it. This is why I think twice before I cut a person a break. Many times it is the ones that SHOULD have gone to jail but don't that file complaints with IA.

 

[sloughfoot]

Just to clarify for those who think otherwise, DWI means "driving while impaired". Blowing over the legal limit is simply Prima Facie evidence of being impaired. Other evidence of impairment and PC for the stop have to offered by the arresting Officer also.

You can be impaired from cough medicine or other prescription meds. Or just enough alcohol for a .07 on a PBT if the Officer can articulate and show your impairment to the Judge.

I am baffled however, why your firearms were put into the property room. And why you were handcuffed without being incarcerated. Not allowing you to drive away is a clue to what happened on the side of that road. But just a clue.

I am looking forward to reading about the rest of the story.

 

[lrahm]

Just to clarify for those who think otherwise, DWI means "driving while impaired". Blowing over the legal limit is simply Prima Facie evidence of being impaired. Other evidence of impairment and PC for the stop have to offered by the arresting Officer also.

You can be impaired from cough medicine or other prescription meds. Or just enough alcohol for a .07 on a PBT if the Officer can articulate and show your impairment to the Judge.

I am baffled however, why your firearms were put into the property room. And why you were handcuffed without being incarcerated.

I am looking forward to reading about the rest of the story.

If I stop a person for possible DUI, take him out of a car for tests...he won't have a weapon on him. He obviously was placed in handcuffs, would you take his weapon off him?

 

[sloughfoot]

Of course, he would be disarmed. I honestly did not read every word written in this post. But you know the drill, he gets out of the car, patted down, contraband secured, then FST. Why would he be handcuffed long after he is disarmed and after the decision is made to not arrest for DWI?

I have done FST many times with a handgun stuffed inone of my pockets or secured away from the detainee in some manner.

Something does not add up in the story as I understand it. I am curious about the PC for the stop. I think I have always told folks why I stopped them. Maybe the OP does not remember this little detail?

 

[lrahm]

Of course, he would be disarmed. I honestly did not read every word written in this post. But you know the drill, he gets out of the car, patted down, contraband secured, then FST. Why would he be handcuffed long after he is disarmed and after the decision is made to not arrest for DWI?

I have done FST many times with a handgun stuffed inone of my pockets or secured away from the detainee in some manner.

Something does not add up in the story as I understand it. I am curious about the PC for the stop. I think I have always told folks why I stopped them. Maybe the OP does not remember this little detail?

I could only guess why the firearms were taken. It would be interesting to know the PC for the stop.

 

[TTravis]

I appreciate you LE guys telling me the way it is. I really do because I have no experience in these matters. This is the first time anything like this has ever happened to me. I have nothing but respect for law enforcement officers and I am usually the good guy that helps them out. I have a skill for computer forensics and have helped this same department when they needed it at no charge. This cop did not know me or anything about me. I do honestly feel like the cop could have been a lot nicer about things. I tried to be respectful toward him. He was rude to my wife and even 20 yr old daughter when I called them to pick up my car. He told my 15 year old son I was a bad father and neglected him. I was proud of the way my son stood up for me and even he realized that this cop was trying to draw me into an argument or get me riled up. In the military, I learned about the inisible Teflon jacket. You know, the kind you put on and the crap slides right off without sticking. That is what I had to wear to survive this encounter. I honestly think the more he realized he could not nail me, the madder he got. I never got the impression he was giving me a break. I was respectful, cooperative, did not resist or protest, but on the other hand, I refused to be intimidated, and I think that irritated him the most.

 

[TTravis]

I just now realize what you meant by PC***,, Probable Cause was that the brake lights were not working on the trailer. Running and signals were OK. He pursued me out of town because of my trailer lights.

 

[TTravis]

I did not object to being disarmed or having my guns and permit checked out as valid. I was cooperative, although, I realize now I was not required to be. I would probably be cooperative again since I felt I had nothing, and I mean nothing to hide.

 

[hoosierdoc]

I just now realize what you meant by PC***,, Probable Cause was that the brake lights were not working on the trailer. Running and signals were OK. He pursued me out of town because of my trailer lights.

Did he watch you leave a place that sold alcohol?

If you felt fine at 0.07, you've probably driven above 0.08 before and should just let it go

 

[45calibre]

what is considered intoxicated in indiana? i believe there is something in the IC that says it is illegal to give a firearm to someone who is intoxicated. maybe you fit the description of being intoxicated and that is why he did not give you back your guns?

 

[jsharmon7]

I just want to make sure I understand all of this correctly as details have been slowly added since the original post and not much of this is making sense to me.

You're stopped because your trailer lights don't work. The officer disarms you, handcuffs you, and searches your vehicle. Somewhere in the midst of all of this he gives you a PBT and you come back at .07. As you're handcuffed he insults your parenting skills to your son and is rude to you. Even though you're at a .07 on the PBT he doesn't conduct SFST but plans on towing your vehicle for some reason. You talk him out of towing your vehicle and he has a family member come pick you and the truck up instead. After all of this he confiscates your firearms without explanation and tells you that you'll have to talk to the chief of police to get them back. You're not issued a citation at the scene, but instead one is mailed to your home a month later. Is that all correct?

 

[TTravis]

Did he watch you leave a place that sold alcohol?

If you felt fine at 0.07, you've probably driven above 0.08 before and should just let it go

Nope. Just passing through town. Did not buy alcohol that day.

 

[TTravis]

what is considered intoxicated in indiana? i believe there is something in the IC that says it is illegal to give a firearm to someone who is intoxicated. maybe you fit the description of being intoxicated and that is why he did not give you back your guns?

That might make sense, but that would be new to me. Not aware of any IC that deals with guns and alcohol.

 

[sloughfoot]

Post deleted. I got caught up in speculation

 

[sloughfoot]

I just want to make sure I understand all of this correctly as details have been slowly added since the original post and not much of this is making sense to me.

You're stopped because your trailer lights don't work. The officer disarms you, handcuffs you, and searches your vehicle. Somewhere in the midst of all of this he gives you a PBT and you come back at .07. As you're handcuffed he insults your parenting skills to your son and is rude to you. Even though you're at a .07 on the PBT he doesn't conduct SFST but plans on towing your vehicle for some reason. You talk him out of towing your vehicle and he has a family member come pick you and the truck up instead. After all of this he confiscates your firearms without explanation and tells you that you'll have to talk to the chief of police to get them back. You're not issued a citation at the scene, but instead one is mailed to your home a month later. Is that all correct?

Thanks for the synopsis. That is what I gathered from all this.

Plus, for some reason, we can't know what he was charged with because if we know, it might harm his defense of the charge

 

[TTravis]

I just want to make sure I understand all of this correctly as details have been slowly added since the original post and not much of this is making sense to me.

You're stopped because your trailer lights don't work. The officer disarms you, handcuffs you, and searches your vehicle. Somewhere in the midst of all of this he gives you a PBT and you come back at .07. As you're handcuffed he insults your parenting skills to your son and is rude to you. Even though you're at a .07 on the PBT he doesn't conduct SFST but plans on towing your vehicle for some reason. You talk him out of towing your vehicle and he has a family member come pick you and the truck up instead. After all of this he confiscates your firearms without explanation and tells you that you'll have to talk to the chief of police to get them back. You're not issued a citation at the scene, but instead one is mailed to your home a month later. Is that all correct?

OK OK. How do I say this as to not incriminate myself. ALLEGEDLY my 15 year old son was driving. He does not have his permit yet. This would not be uncommon in his area for a father to let his son drive the last couple miles home. This is out in the country.

The poor kid got screwed. They changed the law to where he had to be 15.5 for a learners permit. His two older sisters had their permits at 15. In may, they changed it back to 15, but they are not implementing the new policy until January 1, 2012. The day he turns 15.5! Like I said, ALLEGEDLY.

 

[TTravis]

I was charged with 9-24-18-4, Permitting unlawful use of vehicle.

 

[sloughfoot]

That really is funny. I imagined all kinds of horrible things. The Officer was really gracious to the two of you.

I hope you appreciate his kindness. He could have done lots of stuff to make your life much different than now it is. There is nothing alleged in his mind.

Take your lumps and go on