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Pulled over.. Officer asks to see sidearm....

Discussion in 'Legal & Political Archive' started by Dyjital, Mar 11, 2011.

  1. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Pulled over last night for asinine reason. Officer must have had it in his head that I was a punk kid driving a CRX. Wrong. I do it for gas mileage.

    Here's how it unfolded.

    I'm coming home from work after stopping by Burger King at around 9:15pm.
    I see Five-0 sitting watching traffic. As he pulls out behind me I realize he must want to do a random check. I'm going below speed limit (as CRX's speedo doesn't work... below the speed of traffic..).

    Red and blue lights. I pull over.
    Officer asks me about window tint that's on the car. I inform him that it's not hard to see at all. Tint was on it when I bought the car, it's so light I don't know why anyone even put it on the windows.

    He asks me for my license and insurance. As I'm handing them over to him I inform him: "Officer I want you to be aware that there is a loaded pistol in the passenger seat.."

    Officer perks up and does the typical.. "keep your hands where I can see them... "

    Another officer arrives.

    First officer asks the other one to go up and keep an eye because "There is a gun in the car..." 5 seconds later he adds.. oh and he has his concealed license... (which he is holding in his hand)...

    blah blah blah, 2nd officer and I talk of guns, AR's and how I don't like the looks of the MP40's or Glocks. (sorry glock fans Iknow they have a trigger reset that's awesome)

    Officer #1 comes back. Hands me my cards... Tells me that my license is not in their electronic database. I politely inform him that it's not my problem and I know my stuff is legit.

    Officer #1 then asks me while standing on driver side of car if he can inspect my firearm.... ..... That's where the question lies..

    Without knowing any different I allowed him to come over to the passenger side,open the door, pull my gun out of the seat, out of the holster, read off the SN to officer #2..

    He commented that it's a nice piece and set it back on seat, closed door.
    Came back about 3 minutes later and said "Your good to go..."




    Should I have allowed the inspection? Was that something I could have denied? Legally?

    I was just so pissed for the arrogance of the officer at the start of the traffic stop that it had me all wound up. I'm a semi big guy 5-11 and 260 in a little car that looks like something your 16 year old son would be driving.... Profiled. Its just too bad it wasn't my WRX...
     
  2. parallax

    parallax eugene, or-gun Bronze Supporter Bronze Supporter

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    my 2 cents worth.. right or wrong, if you resist, they are going to become a pain in the A## for not letting them have there way..just my h.o. Its better just to smile and take it..I had a cop pretty much go insane on me for not telling him i had a c.h.l. one day,he pulled me over for speeding,,,( and i wasnt even carrying that day.) you cant win,, they have a free staff of lawyers working 24/ 7 for them,,, do you?
     
    Last edited: Mar 11, 2011
  3. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    "No, you do not have my permission to search without a warrant."

    Once you have informed him of the gun and he has seen your CCW ... there is no good reason he should inspect the gun, much less make a note of the S/N!
     
  4. PlayboyPenguin

    PlayboyPenguin Pacific Northwest Well-Known Member 2016 Volunteer

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    That is the same as saying "Please detain me until a search can be done of my vehicle since I am giving you reason to be suspicious."

    My biggest issue with your story is your attitude when he tells you your license is not in the database. It is indeed your problem. He could have taken you in until it could be verified that your license was legit.

    I had a similar run in with an LEO at the coast awhile back and it turned out to be a very pleasant experience. Mainly because I did not start being a jerk.
     
  5. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Oh he verified it

    It wasn't tied to my drivers license. He had to do the extra step and call it in
     
  6. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    One of the things we were taught in reserve academy was you can ask to do anything. Get permission and it is legal. So to answer the question, yes, you had the right to say no.

    If you don't give permission then it is up to the officer if he would like to pursue the issue further. Chances are he could have found a way to to do it anyway but if you had said no he would have had to find some other Probable Cause or found some other reason to detain you so that he could do a search of the car.

    I had a similar encounter with Beaverton PD. Pulled over because he couldn't read my license plate at 50'. Obviously he was expecting something else from the long haired driver.
     
  7. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Next time dont tell them about the gun if you have a permit just hand that to them with the license and registration. You are not required to give them the permit but I have found that this avoids the BS after they find out you have one from running the license (previous experience). If it was just a regular traffic stop I dont believe they have a right to run a check on the gun either but I am not certain on that.
     
  8. Glock32

    Glock32 Marion county, or Active Member

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    as Kimber stated if they have to ask the answer is no. you can adjust how you wish with the officer based on their attitude, they are your rights to give up. Having a concealed permit is not a crime. I provide what is requested for the initial traffic stop and nothing more. anything beyond the traffic stop or what's in plain view of the officer is just the officer fishing. it is no different than getting pulled over and the officer asking have you created any crimes you wish to tell me about. you have protection against unreasonable search and seizure. You can calmly and respectfully decline to have your person and property searched, just my .02
     
  9. Karma

    Karma the woods in Oregon Active Member

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    I do not tell the officer that I have a CHL during a traffic stop. Since I have stopped telling the officer I have my CHL, I have never had a issue regarding the weapon or my CHL. I also keep my gun completely out of sight so it can't be seen.

    One a side note, I did get pulled over by a ranting lunatic a month or two ago, but I did nothing illegal and he could not issue me a citation. Even he didn't question me about my CHL.
     
  10. MountainBear

    MountainBear Sweet Home, OR Well-Known Member

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    I've had a few officers ask to see my carry gun when I get pulled over. A few have even run the serial number. If they want to fondle my gun, they're welcome to it. The last guy simply said if I didn't pull mine, he wouldn't pull his (said with a smile, he was a nice guy).

    I, as a personal choice, not by law, tell any officer who pulls me over that I have a CCW permit and if I am carrying. First, it (your CCW permit) should show anyway when he runs your ODL number. Second, with all the stress on officer's these days, with people randomly shooting them during traffic stops (see Newport/Waldport) or while in coffee shops (Lakeview, WA), I don't want to print or something and cause an awkward situation. I have no desire to make their jobs any more difficult than normal. And if you've never pulled over a car, it's hard to explain the stress involved in walking up to the window, wondering what the occupants are doing. Yes, 99% of the time, they're just getting their info for you. But like the Newport incident proved, on occasion, they've got malicious intent.

    So, yes, you could have said no legally. But it sounds like you handled the whole situation fairly well. You exercised patience with the officers asking to do something you were obviously not comfortable with. Everyone walked away. Good day.
     
  11. i8asquirrel

    i8asquirrel Keizer, oregon Member

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    I have been pulled over when CCW. had the first words from the officer be " How are you tonight? do you have any weapons in the vehicle?" SO what.....
    I dont have a problem with it. the vehicle you know has been called in before the stop is made. I already know the Sherrif knows I carry ( he signed the permit) and If they want to make sure a gun is not on a hot list I don't care...
    I think people need to unclich alittle and not be so concerned about S- - T that doesn't matter!
    just My 2 cents:thumbup:
     
  12. Dan-Dee Sales Inc

    Dan-Dee Sales Inc Sweet Home, Oregon, United States Active Member

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    It does not bother me at all to inform the officer that there is a weapon inside.
     
  13. WhyteCheddar

    WhyteCheddar East of Moscow by the Willamette Well-Known Member

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    I dont get what is such a big deal. You are clean so why worry about a cop just trying to do his job?
    Believe it or not this is one way cops are successful in getting shiite off the street. If there was a minor glitch in your ID then why isnt it reasonable for him to want to verify the gun?
    I find it entirely plausible that somewhere, sometime, that a LEO had this exact scenario and ended up grabbing a stolen gun and a bad guy thus doing a little bit to better society.
     
  14. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    #1 You have every right to not consent.
    But you have to be ready to suffer the consequences of your decisions. They have every right to hold you there to see if they can get a warrant. Or look for any reason to ticket you, or arrest you. If yor speedo doesn't work and they find out they can tow your car because it's unsafe to operate. At least what I've heard.

    But it always P. isses me off when guys like to obstruct or refuse just because they can. Get over it.

    It has no impact on you to let them, it doesn't hurt you, and you will probably get out faster and without violations.
    Also you won't be put on their radar. Those same LEOs will patrol that same area at the same time, so when they see your crappy CRX again they will find any reason to pull you over and hand you a friendly ticket.

    I've been pulled over or stopped a few times, and always offered my CHL told them where my firearms were and offered to show them. Never had a problem and when you offer mostly they don't care.
    It's the guys that refuse that increase suspicion. And makes them want to dig deeper, because that's what the criminals do.

    So why???

    Don't be a Richard.
     
  15. Saw the Elephant

    Saw the Elephant Salem, Oregon New Member

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    166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.
    (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]
     
  16. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    No, it's called standing up for your inalienable rights. Those who roll over and ask for a nice pat on the head are helping create the looming police state
     
  17. i8asquirrel

    i8asquirrel Keizer, oregon Member

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    No ... Not bieng a sheep doesn't mean you have to be a Tool...I am just saying that there is no need to be an A-hole for no reason.
    I know people that have had stolen guns returned from just such a check. If your not a crook who cares, I dont.:thumbup:
     
  18. Murphy

    Murphy Oregon Member

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    Can you please cite a court case that supports your statement? There are limits to how long LE can tie you up on a traffic stop.

    Just because you consent to an officer tossing your vehicle/home ect. does not mean than I am willing to. If they have probably cause then they don't need to ask for your permission. Just think about it for a minute. Why is he tossing your (fill in the blank). Is it because he is doing it for your own good or because he is trying to build a case on you?

    If your actions obstruct an investigation then the officer will charge you accordingly. If they don't then...

    Disclaimer: I am not anti-law enforcement. I have several family members in and retired from LE. I also have many childhood friends that are in LE. I am friends with hundreds of LE all throughout the western US. I was a volunteer/intern for a detective, who is now the Sheriff in the PDX metro area, for a couple of years (my obligation to him was for 3 months but I stayed for over 2.5 years). Two out of the past three jobs I've had were tied directly to LE.
     
  19. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Is it because he knows the laws are on his side and you can do nothing about it? Just ask the wood carver from Seattle.

    Oops we cant.
     
  20. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    Some people are helping pave the way to totalitarianism..