Was Pulled Over For Speeding - Page 3
Page 3 of 6 FirstFirst 12345 ... LastLast
Results 21 to 30 of 54

Thread: Was Pulled Over For Speeding

  1. #21
    Well hunterwon, that is whole story nothing to add no case report gun only kept there while driving when I exit my truck it goes back on my hip beiing left handed thats where i put it... No need to thank god I was never in danger of beiing shot I never reached for my weapon Tropper was just doing his job I took full responcilability for my actions but, thats it case closed there is nothing in the penal law 400.00 thats says where you can store your weapon in your vehicle has to be concealed from view of citizens in public I can Legally leave it on my passenger seat if I so choose too. but beiing an lefty I store it there in an secure holster affixed to my door panel for easy access. only problem here was my window motor was broke and, if it was working that day I would of advised the trooper Iwas carrying and the whole situation would of went down different. asfor the speeding Dont know why I wasnt given a ticket but, was thankful i didnt. in closing mistakes were made lessons where learned The New York State Troopers are a great Group and Understand That Poeple sometimes make mistakes including themseleves But, They are not going to continuing fishing for something that isnt there.. dont know what else your looking for

  2.   
  3. #22
    Join Date
    Mar 2009
    Location
    Pennsylvania
    Posts
    1,558
    Quote Originally Posted by maybejim View Post
    It might be if you are left handed. I keep my gun usually in a bag on my right side between my seat and my homemade console. It is available to me. It would not be available to someone who jumped in from the opposite side or who opened my door (a weakness of the door pocket). But then we all should lock our doors as soon a we get into the car.
    Jim,maybe since we are left handed crossdraw carry for car travel might be the way to go. Something I have been considering. Any thoughts out there?

  4. Quote Originally Posted by trophyhunter View Post
    They pulled me out of my truck and cuffed me. the whole time I was advising them That I had My Concealed Pistol permit and, it was in my wallet they never listened to me after frisking me and finding my wallet the one trooper said hey he has an Concealed weapons permit.
    Now that everyone has beat YOU about the head and ears, how about we comment on the ILLEGAL search and seizure conducted by the police? Not the frisk, that part is legal, but entering the pockets, without consent, to retrieve the wallet is a violation of the 4th amendment.

  5. Quote Originally Posted by NavyLT View Post
    Now that everyone has beat YOU about the head and ears, how about we comment on the ILLEGAL search and seizure conducted by the police? Not the frisk, that part is legal, but entering the pockets, without consent, to retrieve the wallet is a violation of the 4th amendment.
    That statement is incorrect.Since a lawful stop was made by the police,Trophyhunter made a fatal error by exiting his vehicle.The 4th amendment was given up by him saying sir my ccw is in my wallet,remember he was handcuffed and wanted to show these fine gentlemen his credentials.If Trophyhunter remained in the car and had his drivers license in hand with other documents this may have ended without incident.Many V&T's are done by the passenger side window.My agency is in NY and that has been the way it is done for the past 3 years.I know from experience when a person exits his vehicle the safety issue becomes even greater.

  6. If they entered his pockets without his consent and without reasonable suspicion to believe there was a weapon in there, during a Terry Stop, that action is illegal. Did he give consent by stating the location where his permit was located? What if, while retrieving his permit from his wallet, the officer discovered a bag of cocaine in his wallet?

    You might want to brush up on the limits of a Terry frisk:
    FindLaw | Cases and Codes

    The 4th amendment was given up by him saying sir my ccw is in my wallet
    Not if he did not follow that statement up with "and you have my permission to retrieve it."

    remember he was handcuffed and wanted to show these fine gentlemen his credentials.
    Do we know that for sure?

    My agency is in NY and that has been the way it is done for the past 3 years.
    That does not make the action legal.

    All I am saying is that IF the officers did not ask consent to enter his pockets to retrieve the wallet and if he did not give consent - the act of reaching into the pocket was an illegal search. There is no IMPLIED consent to search by telling LEO the location of an item. For example, you ask if I have any guns in the vehicle, and I tell you I have a gun in the trunk, that is in no way giving you consent to search the trunk of my car (which you would not get, BTW).

  7. Quote Originally Posted by trophyhunter View Post
    Well hunterwon, that is whole story nothing to add no case report gun only kept there while driving when I exit my truck it goes back on my hip beiing left handed thats where i put it... No need to thank god I was never in danger of beiing shot I never reached for my weapon Tropper was just doing his job I took full responcilability for my actions but, thats it case closed there is nothing in the penal law 400.00 thats says where you can store your weapon in your vehicle has to be concealed from view of citizens in public I can Legally leave it on my passenger seat if I so choose too. but beiing an lefty I store it there in an secure holster affixed to my door panel for easy access. only problem here was my window motor was broke and, if it was working that day I would of advised the trooper Iwas carrying and the whole situation would of went down different. asfor the speeding Dont know why I wasnt given a ticket but, was thankful i didnt. in closing mistakes were made lessons where learned The New York State Troopers are a great Group and Understand That Poeple sometimes make mistakes including themseleves But, They are not going to continuing fishing for something that isnt there.. dont know what else your looking for
    A loaded handgun should be concealed remember this is New York.Your culpable mental state, knowingly have a permit to carry a handgun concealed.I hope you learn to keep it concealed.Stay in the car sir,have your paperwork in hand.I have stopped thousands of cars and people tell me that the window can't go down.I give the command is there any weapons on you or inside the vehicle,proceed to slowly open the door.Your car is not sound proof.This is a great lesson for others.Stay in your car wait for the police to come to you and explain to them your situation.Your fatal flaw was you got out the car.

  8. #27
    Join Date
    Oct 2008
    Location
    Kalifornia & Idaho
    Posts
    1,052
    I sometimes carry at 10-11 o'clock or cross draw. It seems to conceal some guns better than appendix (1 or 2 o'clock) carry for me. Neither seem as easy an access when seated, as having my leather bag on my right side but certainy better access than 3 or 4 o'clock when seated. But that's just my opinion.
    Maybejim

    Life Member NRA
    Life Member CRPA
    Life Member SASS

    What you say isn't as important as what the other person hears

  9. Quote Originally Posted by NavyLT View Post
    If they entered his pockets without his consent and without reasonable suspicion to believe there was a weapon in there, during a Terry Stop, that action is illegal. Did he give consent by stating the location where his permit was located? What if, while retrieving his permit from his wallet, the officer discovered a bag of cocaine in his wallet?

    You might want to brush up on the limits of a Terry frisk:
    FindLaw | Cases and Codes



    Not if he did not follow that statement up with "and you have my permission to retrieve it."



    Do we know that for sure?



    That does not make the action legal.

    All I am saying is that IF the officers did not ask consent to enter his pockets to retrieve the wallet and if he did not give consent - the act of reaching into the pocket was an illegal search. There is no IMPLIED consent to search by telling LEO the location of an item. For example, you ask if I have any guns in the vehicle, and I tell you I have a gun in the trunk, that is in no way giving you consent to search the trunk of my car (which you would not get, BTW).
    I would have a consent form signed to look in the vehicle.Is it an illegal search if the subject was in the car and said no... yes, but if a weapon is visible when the subject exits and is placed in handcuffs remember the subject is in restraints for officer safety.Subject states he has his credentials on him there in his wallet it is not an unlawful search since he was giving implied consent,if he had coke in that wallet thats his problem.Once he's under arrest all pockets are checked and property is stored(inventory check)some other things may turn up like drugs in his sock taped under his feet.I always have a subject sign a consent form to search.A verbal consent gives up your 4th.If it's a conservation officer they can go in your vehicle no warrant .Remember this guy placed the trooper in fear which is menacing in NY a crime.Trooper doesn't know if this guy is a murder or not the frisk was fine.It just happens this guy messed up and became a sheep and gave up his 4th.Probable cause incident to arrest.

  10. Quote Originally Posted by hunter won View Post
    I would have a consent form signed to look in the vehicle.Is it an illegal search if the subject was in the car and said no... yes, but if a weapon is visible when the subject exits and is placed in handcuffs remember the subject is in restraints for officer safety.Subject states he has his credentials on him there in his wallet it is not an unlawful search since he was giving implied consent,if he had coke in that wallet thats his problem.Once he's under arrest all pockets are checked and property is stored(inventory check)some other things may turn up like drugs in his sock taped under his feet.I always have a subject sign a consent form to search.A verbal consent gives up your 4th,5th,6th,with the written consent.If it's a conservation officer they can go in your vehicle.
    I am glad I live in America and not New York. In America there is no such thing as implied consent to a search.

  11. #30
    Join Date
    Oct 2008
    Location
    Kalifornia & Idaho
    Posts
    1,052
    In this case as I understood it, he was not placed under arrest. Thus there was no "inventory" search legally allowed. There can be a pat down for weapons but I doubt that that would legally include going through someone's wallet. Now if they made a false arrest for illegally carrying a firearm, than the "search" sort of was legal except the arrest was not. I don't know where that gets you but probably a lot of expense over a principle.
    Maybejim

    Life Member NRA
    Life Member CRPA
    Life Member SASS

    What you say isn't as important as what the other person hears

Page 3 of 6 FirstFirst 12345 ... LastLast

Similar Threads

  1. Pulled over with handgun in glove box
    By Lee Enfield in forum LEO Encounters
    Replies: 61
    Last Post: 02-09-2009, 12:31 PM
  2. got pulled over the other night
    By ram1500dodge in forum LEO Encounters
    Replies: 9
    Last Post: 01-09-2009, 12:24 PM
  3. Replies: 5
    Last Post: 11-04-2008, 05:23 PM
  4. Got pulled over tonight.
    By Memphis in forum LEO Encounters
    Replies: 21
    Last Post: 09-22-2008, 08:18 AM
  5. Marine pulled from duty!
    By festus in forum Off-Topic
    Replies: 4
    Last Post: 05-30-2008, 10:15 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast