Stopped by a cop, what to do? - Page 3
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Thread: Stopped by a cop, what to do?

  1. Quote Originally Posted by Treo View Post
    Quote Originally Posted by AndeyHall View Post
    I found a few problems with the story. The first is on the OPs part. Never guess what you did wrong. Cop: "You know why I'm pulling you over?"
    Driver: "Because I'm wanted for murder?"
    Cop: "No, taillight is out. But now that you mention it, stay right here will I check up on that other crime also."
    Moral of the story, never guess because you could be admitting go something he may not have seen.
    True.

    Quote Originally Posted by AndeyHall View Post
    if you don't live in a "must notify" state, I would never answer that question.
    Most states that aren't must notify states do require you to present your permit on demand, refusing to answer will cause far more problems that it solves.

    Quote Originally Posted by AndeyHall View Post
    3rd is that he opened the passenger door and searched that area. Without your consent they can only look in the drivers area, and that must be done from the drivers side.
    Can you quote a specific Arizona statute that says that?

    Quote Originally Posted by AndeyHall View Post
    As for running the serial number of the gun, it is my understanding that on the road, you have no "expectation of privacy" and therefore they can run the serial number legally. If they come into your home and spot a gun, however, that cannot run that serial number unless they have sufficient reason to believe it was used in a crime.
    Again, can you quote a specific statute?

    You can't have it both ways either the cops are limited in where they can search your car or you have no reasonable expectation of privacy on the road.
    The 4th amendment trumps any AZ statute. And I'm just giving you what the Supreme Court has upheld per my Criminology & Criminal Justice classes. And yes you can have it both ways. Terry laws have specifically dictated what they can and cannot do during a traffic stop with respect to searches. They can only inspect the drivers immediate area without consent of the driver, and if they search the individual and produce a firearm, they can run the serial number.

    And I didn't say refuse to present permit if he asks for it. The OP said he asked if he had any firearms in the vehicle. My reply would be "can you please tell me how that is relevant to the stop?"

    But here's the way I look at it...there is absolutely no need to answer any of the cop's questions verbally. If he asks or demands for information, the I answer if it is pertinent to the reason he pulled me over. If you are asked a question that doesn't need to be answered, then I suggest saying nothing or answering with a question in return. For example...
    Officer: "Do you know why I pulled you over?"
    Driver: "Why did you pull me over?"

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  3. Stopped by a cop, what to do?

    I also NEVER carry in my vehicle. 1) because I wear around 3-4 o clock position and with a seatbelt it's very difficult to get to if I need it and much easier if I just keep it in the center console, and 2) because although SC is a "must notify" state, it is only must notify if the gun is on your person. In the center console or glove box and you don't have to say anything at all.

  4. #23
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    Quote Originally Posted by AndeyHall View Post
    I'm just giving you what the Supreme Court has upheld per my Criminology & Criminal Justice classes.
    Then you should be able to cite case law. Don't let your 2 year Criminology & Criminal Justice "degree" talk you into handcuffs


    Quote Originally Posted by AndeyHall View Post
    And yes you can have it both ways. Terry laws have specifically dictated what they can and cannot do during a traffic stop with respect to searches. They can only inspect the drivers immediate area without consent of the driver, and if they search the individual and produce a firearm, they can run the serial number.
    Terry V Ohio
    Without a warrant, probable cause, or the driver’s consent, police may not search the vehicle, but under the “plain view” doctrine may seize and use as evidence weapons or contraband that are visible from outside the vehicle.[18]

    Quote Originally Posted by AndeyHall View Post
    And I didn't say refuse to present permit if he asks for it. The OP said he asked if he had any firearms in the vehicle. My reply would be "can you please tell me how that is relevant to the stop?"
    Like I said, you're going to cause your self far mor problems than you're going to solve

    Quote Originally Posted by AndeyHall View Post
    But here's the way I look at it...there is absolutely no need to answer any of the cop's questions verbally. If he asks or demands for information, the I answer if it is pertinent to the reason he pulled me over. If you are asked a question that doesn't need to be answered, then I suggest saying nothing or answering with a question in return. For example...
    Officer: "Do you know why I pulled you over?"
    Driver: "Why did you pull me over?"
    I agree to a point, the point being that as a permit holder your probably better off answering hionestly if they ask if there are any weapons in the vehicle.
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  5. #24
    Quote Originally Posted by Treo View Post
    I agree to a point, the point being that as a permit holder your probably better off answering hionestly if they ask if there are any weapons in the vehicle.
    If it is a direct question regarding possession of a gun it would always be wise not to lie, the side of the road is NOT the place to argue your rights.

  6. Quote Originally Posted by Treo View Post
    Quote Originally Posted by AndeyHall View Post
    I'm just giving you what the Supreme Court has upheld per my Criminology & Criminal Justice classes.
    Then you should be able to cite case law. Don't let your 2 year Criminology & Criminal Justice "degree" talk you into handcuffs


    Quote Originally Posted by AndeyHall View Post
    And yes you can have it both ways. Terry laws have specifically dictated what they can and cannot do during a traffic stop with respect to searches. They can only inspect the drivers immediate area without consent of the driver, and if they search the individual and produce a firearm, they can run the serial number.
    Terry V Ohio
    Without a warrant, probable cause, or the driver’s consent, police may not search the vehicle, but under the “plain view” doctrine may seize and use as evidence weapons or contraband that are visible from outside the vehicle.[18]

    Quote Originally Posted by AndeyHall View Post
    And I didn't say refuse to present permit if he asks for it. The OP said he asked if he had any firearms in the vehicle. My reply would be "can you please tell me how that is relevant to the stop?"
    Like I said, you're going to cause your self far mor problems than you're going to solve

    Quote Originally Posted by AndeyHall View Post
    But here's the way I look at it...there is absolutely no need to answer any of the cop's questions verbally. If he asks or demands for information, the I answer if it is pertinent to the reason he pulled me over. If you are asked a question that doesn't need to be answered, then I suggest saying nothing or answering with a question in return. For example...
    Officer: "Do you know why I pulled you over?"
    Driver: "Why did you pull me over?"
    I agree to a point, the point being that as a permit holder your probably better off answering hionestly if they ask if there are any weapons in the vehicle.
    He might as well ask if I have any BiLo coupons in the vehicle, because they are as relevant to him as my guns are. They need to learn that anyone planning on harming them with a gun isn't going to tell them they have one until they're shooting at them with it. So what has he gained by finding out if I have one or not?

    The difference between me and a criminal is not how I answer questions, it's the actions I take. So if I'm not threatening him with my actions, why ask?

  7. Quote Originally Posted by apvbguy View Post
    Quote Originally Posted by Treo View Post
    I agree to a point, the point being that as a permit holder your probably better off answering hionestly if they ask if there are any weapons in the vehicle.
    If it is a direct question regarding possession of a gun it would always be wise not to lie, the side of the road is NOT the place to argue your rights.
    Ah, so the Constitution applies everywhere except the road?

  8. #27
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    Quote Originally Posted by AndeyHall View Post
    Ah, so the Constitution applies everywhere except the road?
    First, I want to address exactly what apvbguy said it would always be wise not to lie, Lying to a cop is going to get you into deep Kimchi don't do it.

    Now I want to address what you said "My reply would be "can you please tell me how that is relevant to the stop?".

    Now, if you want to say that please be my guest but let me be very clear about what’s going to happen next. As soon as those words come out of your mouth you’re going to come out of the car and into hand cuffs for “officer safety”. The only variables in the equation are how much force the officer has to apply and how many extra charges you catch standing up for your “rights”. And even if you beat the charges it’s going to cost you a butt load in legal fees.

    Sometimes you have to ask yourself “Is this the hill I want to die on?”
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  9. Quote Originally Posted by Treo View Post
    Quote Originally Posted by AndeyHall View Post
    Ah, so the Constitution applies everywhere except the road?
    First, I want to address exactly what apvbguy said it would always be wise not to lie, Lying to a cop is going to get you into deep Kimchi don't do it.

    Now I want to address what you said "My reply would be "can you please tell me how that is relevant to the stop?".

    Now, if you want to say that please be my guest but let me be very clear about what’s going to happen next. As soon as those words come out of your mouth you’re going to come out of the car and into hand cuffs for “officer safety”. The only variables in the equation are how much force the officer has to apply and how many extra charges you catch standing up for your “rights”. And even if you beat the charges it’s going to cost you a butt load in legal fees.

    Sometimes you have to ask yourself “Is this the hill I want to die on?”
    But what really rubs me the wrong way is their thinking that it is pertinent to the reason they are there. And yes it is worth it. I would think someone on a fun forum would no better. Give them an inch and they take a mile. It starts with little simple things like answering stupid questions, and then those little petty rights then into major rights. Look how far they've been able to push the 2nd amendment with just a tiny step here and there.

  10. #29
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    Quote Originally Posted by mappow View Post
    Assumption is he ran your weapon serial number through NCIC. While I believe you did right, it just grates my back side that your fourth Amendment Rights were violated. What PC did he have to run your weapon?
    The search of his car when he returned his weapon is what got me. Just lookin' around with his flashlight before he returned his weapon? That amounts to a search of his car with no PC!
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

  11. Quote Originally Posted by Treo View Post
    Quote Originally Posted by AndeyHall View Post
    Ah, so the Constitution applies everywhere except the road?
    First, I want to address exactly what apvbguy said it would always be wise not to lie, Lying to a cop is going to get you into deep Kimchi don't do it.

    Now I want to address what you said "My reply would be "can you please tell me how that is relevant to the stop?".

    Now, if you want to say that please be my guest but let me be very clear about what’s going to happen next. As soon as those words come out of your mouth you’re going to come out of the car and into hand cuffs for “officer safety”. The only variables in the equation are how much force the officer has to apply and how many extra charges you catch standing up for your “rights”. And even if you beat the charges it’s going to cost you a butt load in legal fees.

    Sometimes you have to ask yourself “Is this the hill I want to die on?”
    And the reason I no longer put myself in a position to have to notify is because the last 2 times I was pulled over I handed him my CWP, he asked if I had a gun on me and I said "yes on my side." I was then asked to step out of the vehicle and put in handcuffs for "officer safety" while he proceeded to run the serial number and check my license. So if I'm gonna be treated like a criminal either way, I'd rather do so while standing up for the Constitution.

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