Westfield PD disarms me during traffic stop

[SSGSAD]

http://www.in.gov/judiciary/opinions/pdf/03200808jsk.pdf

I think this would apply to anyone anywhere

TAGGED, for future reference .....

 

[Kutnupe14]

IMPD is doing it wrong then because that is exactly what they are teaching now, not to disarm someone without RAS

Doing "what" wrong? I said it isn't illegal to disarm a person during a traffic stop; and it's not. Every officer is free to do as they please, on way or another. If IMPD has a new policy in regards to this, that's the choice of their administration, not a reflection on current legality. For instance Westfield PD has a no pursuit policy, while Carmel has a "chase them to ends of the earth" policy. Just because on PD does something, and not another bears little mind to what is lawful.

 

[Kutnupe14]

Has Mr.Relford replied in here yet?

I would love to hear his take on it.

 

[nakinate]

Doing "what" wrong? I said it isn't illegal to disarm a person during a traffic stop; and it's not. Every officer is free to do as they please, on way or another. If IMPD has a new policy in regards to this, that's the choice of their administration, not a reflection on current legality. For instance Westfield PD has a no pursuit policy, while Carmel has a "chase them to ends of the earth" policy. Just because on PD does something, and not another bears little mind to what is lawful.

What? Cops are subject to the same laws as the rest of us. Or is this the USSR?

 

[Kutnupe14]

What? Cops are subject to the same laws as the rest of us. Or is this the USSR?

Ha ha, wiseguy. In regards to disarming a motorist or not.

 

[nakinate]

Ha ha, wiseguy. In regards to disarming a motorist or not.

Thanks for the clarification. I still don't get how this is allowed. It's no different than a cop taking my cell phone without my permission.

 

[Kirk Freeman]

Is this protocol? I understand there position as far as Saftey, but if I was a threat I would not of informed him of the firearm. SMH

This is the problem, we have the protocol of no protocol. Police are seemingly allowed wide latitude to do as they please.

It has long been my contention that we need a statute on when the police may grab up legally carried guns.

Do we codify Richardson--when LTCH determined to be valid full stop?

Do you codify some other standard, e.g. reasonable supicion of danger to the officer regardless of LTCH status?

Problem is that we have all kinds of unnecessary gun handling which will result in a tragic result.

 

[nakinate]

This is the problem, we have the protocol of no protocol. Police are seemingly allowed wide latitude to do as they please.

It has long been my contention that we need a statute on when the police may grab up legally carried guns.

Do we codify Richardson--when LTCH determined to be valid full stop?

Do you codify some other standard, e.g. reasonable supicion of danger to the officer regardless of LTCH status?

Problem is that we have all kinds of unnecessary gun handling which will result in a tragic result.

And then who gets blamed if the cop shoots himself? My bet is that he would be seen as a hero and the innocent civilian would stand trial for something ridiculous.

 

[Rookie]

Thanks for the clarification. I still don't get how this is allowed. It's no different than a cop taking my cell phone without my permission.

Why couldn't they?

Every officer is free to do as they please.

 

[GodFearinGunTotin]

 

[Bunnykid68]

Doing "what" wrong? I said it isn't illegal to disarm a person during a traffic stop; and it's not. Every officer is free to do as they please, on way or another. If IMPD has a new policy in regards to this, that's the choice of their administration, not a reflection on current legality. For instance Westfield PD has a no pursuit policy, while Carmel has a "chase them to ends of the earth" policy. Just because on PD does something, and not another bears little mind to what is lawful.

They are doing it wrong because they are telling their officers to leave guns alone unless there is RAS to be taking those guns is what I meant. Judge Marshall had it right, the others had it wrong, we all know that.

 

[Kirk Freeman]

And then who gets blamed if the cop shoots himself? My bet is that he would be seen as a hero and the innocent civilian would stand trial for something ridiculous.

Well, under your fact pattern, I imagine the cop would be blamed since he shot himself.

No, I am talking about those having the guns pointed at themselves or their property, either the motorist or the officer. I don't want anyone, police or non-police, to get shot without cause over all this silly coonfingering of guns.

I had my own gun pointed at me by an officer who looked at my 1911 like an ape with a bone on 2001.

There needs to be a valid line so both police and non-police know when the police can finger guns. All this extraneous gun handling will only end in tears.

 

[nakinate]

Well, under your fact pattern, I imagine the cop would be blamed since he shot himself.

No, I am talking about those having the guns pointed at themselves or their property, either the motorist or the officer. I don't want anyone, police or non-police, to get shot without cause over all this silly coonfingering of guns.

I had my own gun pointed at me by an officer who looked at my 1911 like an ape with a bone on 2001.

There needs to be a valid line so both police and non-police know when the police can finger guns. All this extraneous gun handling will only end in tears.

. Kinda like those who unholster in the bathroom?

 

[Indynic]

This situation is ridiculous. My response to the question of having a firearm present will no doubt be "nothing illegal, I do not consent to any searches or seizures." Cops do not need to be handling someone's gun if there is not RAS.

 

[gjclark]

There's only one thing I unholster in the bathroom and it doesn't have a grip safety.

 

[Thegeek]

Has Mr.Relford replied in here yet?

Not without a retainer.....

 

[Thegeek]

I hate to say this, but I would pass on a complaint. Pretty small world up here.

Seeing how I live in Westfield I don't see any good coming from filing a complaint long term. I was honest with him in hopes of it earning me a "warning" rather than a ticket. Well, I still got the $180 ticket. I'm not cop bashing and I'm not looking for anyone else to do so. However, he never asked to disarm me as I thought he was asking me to get out of the vehicle to have visual while he went to his car and wrote a ticket, seems that could come close to illegal search and seizure? Maybe I'm reading to far into it and I should just move along and pay the ticket.

"the only thing evil needs to succeed is for good men to do nothing".....

 

[Bunnykid68]

There's only one thing I unholster in the bathroom and it doesn't have a grip safety.

Really? Mine does

 

[TTravis]

OP, You have the officer's name on the ticket. He deserves some internet fame. Post his name. This might be more effective than fileing a complaint. I hope you also file the complaint.

 

[Kirk Freeman]

Kinda like those who in holster in the bathroom?

in holster=unholster? If so, yes. Leave the silly thing alone.