Florida Traffic Stop - Long Ver.

[Ryan H]

When I took my learner's licence test in GA, part of the book covered searching your vehicle. This was in ~2002 or so. One thing the state-issued book noted was that if you fail to consent to a search upon being pulled over, you automatically give up your driving privelages for 1+ years depending on the circumstances.

[Boomboy007]

Originally Posted by Ryan H

When I took my learner's licence test in GA, part of the book covered searching your vehicle. This was in ~2002 or so. One thing the state-issued book noted was that if you fail to consent to a search upon being pulled over, you automatically give up your driving privelages for 1+ years depending on the circumstances.

Sorry, Ryan, but I think that you are confused. The law, as in most states, indicate that your license may (in practice, will) be pulled for refusing an intoxication test. Now in some states this means breathalyzer, in others it is a field sobriety test. You can not lose your license for asserting your fourth amendment right.

That said, an LEO is legally able to lie to you and say that you will, but it is your responsibility to know the law, and assert your rights. For GA, here are the rules:

License Suspensions and Revocations

[gunnut284]

Sounds like you got pulled over for some traffic violation (whether or not you commited them is for a judge to decide). You aggravated the situation with "smart alec" answers. You "didn't feel safe" because the officer took temporary possession of your handgun during a traffic stop? You expected everything to stop because you demanded a supervisor? Then you expected the officer to hand you back your loaded handgun at the end? Come on, this sounds like very niave, drama queen type behavior. The officer placing the gun in your back seat to return it is not an illegal search. Calling into question the officer's credibility because he asked you who the car belonged to? Just go to court on the tickets and move on.

[ronwill]

You should have began by answering the officer's questions with valid answers and not smart remarks. This gave the LEO's reason to think you may have been under the influence and, in turn, a search for THEIR safety. You could then have asked politely for reasons for the stop and other information you may have needed. Getting smart during any stop doesn't do you or the officers involved any good. As for being asked if you were LEO or an attorney, this may have been "professional" courtesy. If you had been things may have gone a little differently.

[TomD]

I was on the job more years than I care to remember in a large metropolitan area of the USA.....most of the guy I worked with were decent and tried to do a good job, though I did know some that should not have carried a badge...first of all the ability to drive an automoble is a privledge not a right...I hated making traffice stops, very un-nerving, but a neccessary part of the job,
always on your toes. Your wise a ss responses set the tone....I know, I know...you are a tax paying citizen and you know your right! Doesn't matter, in the real world you set the tone...you intensified the situation with attitude, ( remember the cops don't know you from Adam ), and what surprises me is you are legally carrying a concealed firearm , so why don't we add a little gasoline this smoldering fire. You are a very lucky man. In the old days, you would have been pulled through the window of your car! Was it right? naw but that's the way it was...Son you' ve got to learn when to pick your battles...Let us know how you make out in court...this should make you crazy! I'm willing to bet that the tickets have a secret mark on them, or a call was put in to the judge, that you are a jerk...... Now let me here what everybody has to say!

[dalebfast]

I found the best thing to do is keep my mouth shut (and hands on the wheel), unless asked a question. I've never been asked to exit the vehicle on a routine traffic stop. I could have had an arsenal with me, but here in Cali, i'm disarmed for the criminals convienence. I don't know about anywhere else, but in Cali, most cops are good people, and just want to be safe. My thoughts and prayers go out to Oakland.

Dale

[USMC268]

Keep in mind these guys deal with people and their horse$hit everyday. The last thing they want or need is someone making their job difficult during a traffic stop. Attitude+ a firearm doesn't make for a comfortable situation.

As for placing your handgun in the backseat, I don't blame them. Safety comes first and we all want to go home at the end of the watch.

Good luck in court.