Stopped by a cop, what to do? - Page 4
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Thread: Stopped by a cop, what to do?

  1. #31
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    Quote Originally Posted by AndeyHall View Post
    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.

    Andy per your post the only standing up you did was outside your vehicle whilst having S&W bracelets being affixed. If you have CWP credentials then anything after that fact of your notify is against the Fourth Amendment. Secure a lawyer and go for it. I really don't see why people keep letting their Rights be violated. AND people wonder why the insanity continues.....
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

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  3. #32
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    Except for the cuffs this sounds like a Terry Stop.
    Terry Stop Law & Legal Definition


    A "Terry Stop" is a stop of a person by law enforcement officers based upon "reasonable suspicion" that a person may have been engaged in criminal activity, whereas an arrest requires "probable cause" that a suspect committed a criminal offense. The name comes from the standards established in a 1968 case, Terry v. Ohio.
    The issue in the case was whether police should be able to detain a person and subject him to a limited search for weapons without probable cause for arrest. The Court held that police may conduct a limited search of a person for weapons that could endanger the officer or those nearby, even in the absence of probable cause for arrest and any weapons seized may be introduced in evidence.
    When a police officer observes unusual conduct which leads him or her to reasonably suspect criminal activity may be occurring and that the persons with whom he is dealing may be armed and presently dangerous, the officer might approach and briefly detain the subjects for the purpose of conducting a limited investigation. The officer must identify himself or herself as a police officer and may make reasonable inquiries. If after initial investigation the officer still has a reasonable fear for the safety of himself and others, the officer may conduct a carefully limited search of the outer clothing in an attempt to discover weapons that might be used to assault him or her.
    Terry Stop Law & Legal Definition
    ~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~

  4. #33
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    A Terry pat down is just that. The LEO is allowed to pat down the subject if and only IF he thinks there is PC to the officers safety. I know, I know, OFFICERS SAFETY. His report MUST specify why he felt enough do cause to "PAT' down the subject.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  5. #34
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    Quote Originally Posted by mappow View Post
    A Terry pat down is just that. The LEO is allowed to pat down the subject if and only IF he thinks there is PC to the officers safety. I know, I know, OFFICERS SAFETY. His report MUST specify why he felt enough do cause to "PAT' down the subject.
    I'm sorry but he does not. All the officer needs is for the hair to stand up on the back of his neck to have a "reasonable suspicion". This does not mean probable cause will ever be achieved to proceed with any search. The LEO can pat you down for his safety, he can even cuff you for his safety without placing you under arrest.
    -
    The "do I tell him I have a gun" question is either answered by state law and/or personal preference. If you want to take a chance of any violation while you are carrying being trumped up to include a "weapons offense" be my guest. Not saying anything has to stick in court, you'll still pay one way or another. If you want to ask "what does a gun have to do with why I was stopped" you can do that too, not my style. I hope the cop doesn't think you're being a smart ass and proceed with more "caution" than he would have normally shown.
    -
    I can offer a small piece of advice: know your state law regarding informing (and any state you are transiting), think about what your response would be prior to it happening, and if a cop asks permission to do something you should seriously consider "no". If they ask your permission then they do not have the authority without your permission. This too may raise the cop's threat level.

  6. #35
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    It's just lucky for me I'm such a charming old codger!
    ~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~

  7. Quote Originally Posted by mappow View Post
    Quote Originally Posted by AndeyHall View Post
    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.

    Andy per your post the only standing up you did was outside your vehicle whilst having S&W bracelets being affixed. If you have CWP credentials then anything after that fact of your notify is against the Fourth Amendment. Secure a lawyer and go for it. I really don't see why people keep letting their Rights be violated. AND people wonder why the insanity continues.....
    Oh I know that now. Both of those incidents were several years ago before I took the time to study the law and the Constitution. Never again will an officer legally search my vehicle unless I know he has every right to and cannot be stopped.

  8. Quote Originally Posted by gejoslin View Post
    It's just lucky for me I'm such a charming old codger!
    Oh if the gun issue never gets brought up I must be that way too, because I've been pulled over for speeding somewhere between 10 and 15 times in the last 3 years, sometimes doubling the speed limit and only once have I gotten a ticket and he pulled me over for doing 42 in a 35. And it wasn't like that was what he reduced it to, that's what it was.

  9. #38
    Rules of common sense when a cop stops you. Keep both hands visible, and try to be nice to the cop. Most cops are very nice back to you if you follow those little steps. Conflict in any kind wont' help anything, even if he or she gives you a ticket. I live in Arizona, so far one of the good states in US to carry guns, open or concealed... I do have a CC permit, and I will renew it when time comes. I don't like the law just passed here though, anyone can have a pistol without a CC permit now... which probably a mistake, because they do teach fundamentals during the class I believe everyone with a firearm should know.

  10. #39
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    Treo's Rules For Traffic Stops

    Just from reading some of the threads on this website it seems to me that we most commonly interact with the police during traffic stops. So, it seems like common sense to me that we should have some idea how weíre going to handle a traffic stop before it happens. Here are some of my personal rules for traffic stops, YMMV.

    Know the law where you are at and follow it. If you are legally required to inform do so, if the officer is legally entitled to disarm you during a traffic stop donít argue the point. Know the stop and Identify laws of the state youíre in, In Colorado unless you are driving you are only required to give your name and DOB to the officer. In Colorado you are also not allowed to carry a long gun with a round in the chamber in your vehicle, good to know.

    Itís been said before but if the officer asks you ďDo you know why I pulled you over?Ē tell him ďNo.Ē if you answer yes and tell him you are confessing and you are likely to get a ticket. The only time I ever didnít get a ticket from a CSPD cop I declined to answer when he asked me that question and I declined to answer the ďDo you know how fast you were going?Ē question. He told me he didnít have his radar on and (this part he didnít say) he was hoping to get me to confess to speeding and to name a speed so he could ticket me anyway.

    If you are carrying a firearm in the vehicle and the cop asks, your best bet is to answer honestly. Iíve said it before in this thread but if you buck him on this question the stop is going to escalate and the odds will not be in your favor. Iím not saying you should volunteer the information but if he asks youíre better off telling him. In most states you are required to present your permit on demand. IMO youíre rights are supposed to benefit you and standing on a minor principle thatís going to make your life waaaay more difficult isnít worth it.

    Know when to talk and when not to. I got stopped on night on my way to work, the cop told me he stopped me because he saw me pull away from a locked and gated storage area (true) and he suspected me of prowling. At that point he had all the PC he needed and had I pushed the issue he likely would have detained me and searched the car. So, I told him the truth; I was on my way to work, I didnít get along with the guy that I was relieving, I was running way ahead of schedule and I pulled over to kill a few minutes. It helped that I was in uniform and just a few blocks from work but he gave me a ďThis story is too stupid to be anything but the truthĒ look and let me go.

    Never consent to a search. Thereís nothing I can add to that never consent to a search.

    Thereís more I could add but this is what I have time for now
    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

  11. #40
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    Quote Originally Posted by ZIG1911 View Post
    Rules of common sense when a cop stops you. Keep both hands visible, and try to be nice to the cop. Most cops are very nice back to you if you follow those little steps. Conflict in any kind wont' help anything, even if he or she gives you a ticket. I live in Arizona, so far one of the good states in US to carry guns, open or concealed... I do have a CC permit, and I will renew it when time comes. I don't like the law just passed here though, anyone can have a pistol without a CC permit now... which probably a mistake, because they do teach fundamentals during the class I believe everyone with a firearm should know.
    It has been my overall experience that the type of person that would benefit from safety training will seek it out on their own anyway and the type of person that would not benefit wouldn’t put any of what he/she learned in the class into practice anyway.

    I have never purchased a brand new firearm that didn’t come with an instruction manual and most firearms companies will send you one for free.

    Several states require absolutely no training or demonstration of competency what so ever. You do not even have to demonstrate that you have ever even fired a gun before being issued a permit. All you have to do is pay the fee and submit to a background check and you walk out the door legal to carry a concealed firearm.

    So, if state mandated training is so important to the safety of the gun carrying public why don’t we have disproportionately higher firearms accident (not willful negligence or criminal misuse but accidents) rates in those states?
    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

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