I got pulled over today.....

[bearingman]

Must be something about driving in a different state, as the majority of the time if I see a stupid driver here, the car has Washington plates. California drivers seem to do better.

 

[enjr4]

Well, I don't know what I would do if asked to "hand over" a handgun to a police officer during a normal traffic stop. I really don't.
I do know that I don't trust the LEO any more than the LEO trusts me. I don't know what inadvertent action I might take that would cause an escalation by the LEO. I can't read minds.
So, after handing over my CPL, I think I would politely tell the LEO that I am not going to "touch" any loaded weapon with them present; ever, just not going to happen! If that is not satisfactory please check with your supervisor and I guess we will have to go from there. It will probably drag out the stop; but, what the heck, I'm retired.
Ed

 

[Blitzkrieg]

Properly read the 4th Amendment allows NO searches without a warrant signed by a judge, based on sworn testimony that specifically states what, where and who is to be searched

ALL other searches are unconstitutional

 

[MountainBear]

Hasn't this topic already been beat to death in numerous threads over the years?

 

[gehrheart]

Hasn't this topic already been beat to death in numerous threads over the years?

Yes... but now the horse is a Zombie, beating it is no longer good enough.

 

[MountainBear]

Yes... but now the horse is a Zombie, beating it is no longer good enough.

Fair answer...

 

[G1GRANDEUR]

Is it required to show CCW permit in WA? Does it show on the record if cop punch in driver license number?

 

[fatamos33]

Is it required to show CCW permit in WA? Does it show on the record if cop punch in driver license number?

Pretty sure it does in Oregon. Personally i can see where both sides are coming from. Groomit congrats on getting out of the ticket, and having your guns fondled.

 

[Blitzkrieg]

Is it required to show CCW permit in WA? Does it show on the record if cop punch in driver license number?

No and from what I have been told, yes

 

[ThemGunsThough]

A little jealous.. Can't say my encounters have been that friendly...

 

[FireFighterChen]

Here in WA the officer has the right to search the vehicle without probable cause for "office safety" during a traffic stop. This has been to the WA Supreme Court.
Refusing to surrender your weapons would sure raise my level of concern if I were an officer and doing a traffic stop.

You provide a link or it did not happen...I do not believe you.

May I add: If a person is stopped for criminal activity (a traffic stop is not criminal activity) the rules may change, but you show us all a link to a WA state supreme court decision that involves a "traffic" stop...not a "trafficing" stop.

yes in Washington they have the unconstitutional right to search for "safety"... violates my fourth amendment. I love liberty.
How does a an officer know...? they don't. However this is still America therefore innocent till proven guilty. (speeding is not prof that I am a nut job wanting to kill people, it only means I have a lead foot.
When asked for my guns.. they don't get them. ( and yes I have been asked for them, and No I wouldn't give them!!) They do not have the right to take them unless the have just cause. And I wont them the have them just because they asked.

Just my nutty liberty loving thoughts..


Besides.. How do I know they are not a nut job wanting to kill me? about the same odds..

Can someone post up the supreme court case stating that they can indeed search a vehicle without probable cause? Seems Herman has asked, and no one has provided, and this seems like a pretty critical thing to know.

If this thread encourages bkb to stay in Oregon I'm okay with this. Oregon drivers suck almost as badly as California drivers, and there's enough of you road pollutants in Washington as it is.

Must be something about driving in a different state, as the majority of the time if I see a stupid driver here, the car has Washington plates. California drivers seem to do better.

Oregon, Washington drivers among the nation's safest, study finds (but Oregonians still better) | OregonLive.com

Oregon has better drivers than WA according to most studies. WA is not necessarily bad, but I gotta agree that generally OR drivers, although slow, are safer drivers.

Oh and to tie this back into the OP...I agree with BK as this is not how a stop goes "right." OP got lucky, glad everything turned out ok, but it is far from being right IMHO.

 

[deen_ad]

Properly read the 4th Amendment allows NO searches without a warrant signed by a judge, based on sworn testimony that specifically states what, where and who is to be searched

ALL other searches are unconstitutional

You must have missed the court case here in WA that specifically allows searches wihout consent for "officer safety". It was handed down by the WA Supreme Court.

I guess if you disagree with that you need to get arrested for it and take it to SCOTUS for their interpretation.

 

[Father of four]

You must have missed the court case here in WA that specifically allows searches wihout consent for "officer safety". It was handed down by the WA Supreme Court.

I guess if you disagree with that you need to get arrested for it and take it to SCOTUS for their interpretation.

So if the Supreme Court decided that something is constitutional when the majority of the American Citizens say it is not, then that is alright with you? Just because a few Supreme court judges say so? If they rule something that We disagree with then what...o'well? They are always right? Above reproach? Do the judges work for We the people or for themselves. Are they our rulers?

Who should get the last word? The People of the Untied States of America=250,000,000 or some Judges=1-9...?

 

[Father of four]

Just because some court rules something does not mean its right or constitutional.

 

[Father of four]

You must have missed the court case here in WA that specifically allows searches wihout consent for "officer safety". It was handed down by the WA Supreme Court.

I guess if you disagree with that you need to get arrested for it and take it to SCOTUS for their interpretation.

What about our interpretation? Who should get the last word?

 

[Father of four]

U.S. Constitution - Article 3 Section 2


In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.


U.S. Constitution - Article 5

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

 

[Father of four]

U.S. Constitution - Preamble


We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

 

[fd15k]

Can someone post up the supreme court case stating that they can indeed search a vehicle without probable cause? Seems Herman has asked, and no one has provided, and this seems like a pretty critical thing to know.

Two relevant cases are Terry v. Ohio and Michigan v. Long. Here is a nice summary on the topic (look at Officer Safety section) :
Officer Safety/Search & Seizure Laws

 

[Thebastidge]

Now that is a useful link. Note that for officer safety stops, they STILL require reasonable articulable suspicion of the individual being armed and dangerous. A concealed permit holder is not reasonably considered "dangerous" even if armed, because they have been through a background check- this is my personal opinion and I would argue it in court.

If an officer ordered me out of my vehicle, I would lock it on the way out.

 

[Darknight]

Is it required to show CCW permit in WA? Does it show on the record if cop punch in driver license number?

Yes, it shows. It also pops up if you run the license plate and one of the registered owners has a permit. WA OR ID are the states that I know of that it works that way.