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

[Blitzkrieg]

I am surprised how people are willing to jump into the Us/Them mentality.
I guess unless you have lived under real tyranny, and oppression you have no idea
what the intent of the U.S. constitution is. Just let me know when the real Redcoats get here.
I am reminded of my fathers favorite quote.
"We have met the enemy, and he is us." Pogo

There's a good and well proven reason for the phrase

Enemies, foreign and domestic

 

[jvbutter]

At work, i have some room to be an arse / difficult when i want . To the officers, I chose not to. I don't know them. to me bottom line, hes on the job... I have a place to go. Why not be polite to them, just as we don't like surprises, neither do they. Imagine for a moment ( i know there professionals and should make each stop its own) he just left a incident, traffic stop, or drug bust. Would he like being surprised by the finding of a gun in your car?? Prolly not. Don't give away the farm and let them snoop and poop through your car, but on the other hand, what are you hiding??? Also, are you acting suspicious??? I have some of the above traffic stops, i speed, he asks for license, writes me a ticket or pass me on... no biggy. Its all in attitude I believe. Now I have never had a arse of a LEO so I cant speak on that. Its all good experience to me.

 

[Father of four]

Yeah, it works pretty well at making them detain you until they can legally search your car. Which is not a hard thing to do because of the court ruling regarding searching vehicles due to the nature of them being able to be moved.

Courts have upheld the legal belief that there is a lessened expectation to a right to privacy while in a motor vehicle on a public street. Warrants are not generally required for car searches. All an officer must show is probable cause. Refusing a casual inspection is often upheld as probably cause of suspicion.

Yeah and we know the courts always do the right thing. And all laws and court decisions are fair.....aahh...Legal...aahh...Constitutional. They do it for the good of the people you know.

 

[rickthecabbie]

There's a good and well proven reason for the phrase

Enemies, foreign and domestic

Yes, I took that oath,
If you see the police in America today as enemies,
then this conversation has just gotten too stupid even for me.
I'm just going to have to let Darwin sort this out.
I'm done with this thread.

 

[Dlutsky]

PLayboyPenguin- I think that Dyjital felt victimized about the car profiling, thus wasn't in a place where he chose to be ultra-polite. Moreover, cops give people that kinda crap all of the time. "oh we can't seem to find this, or this is a problem" just to remind everyone who is in control. If you however, ask a very specific question of them, they seldom respond with any specificity; and they don't have too, they are the LAW!!! I have been profiled in the past because of my vehicle. I am not a drug user, drug dealer, mafia, or street racer, but I am confident that is the category the officers often place me into.

Dyjital, I think you did good by letting them check. I've been pulled over several times and state that I am armed. They have never asked me to see the piece only to inform them what area of the car its in. I find that when police are aware you are carrying- you are actually usually less of a threat to them if you are legally allowed to carry. That pretty much just tells them straight forward your not a felon, etc.

 

[PlayboyPenguin]

Is Oregon part of the USA?

Then they need a warrant to search you

Sorry, but you are just wrong. Absolutely and completely in error. Courts have upheld that officers only need "probable cause" to search a motor vehicle.

 

[oregonlaw76]

Consent is a valid exception to the warrant requirement, so no rights here were "violated." It sounds like the op and officer both conducted themselves within the bounds of law and common decency. Had the op have politely declined to allow the search, I would expect the officer to politely accept that and sent you on your way unless he had other cause to search. There are many exceptions to the warrant requirement that allows officers to search without a warrant. It is not uncommon for officers to ask for consent not only as an alternative reason for the search, but also to be polite. If the only reason he has to search is your consent, and you say no, the officer shouldn't search. If you say no and he says he appreciates your objection but is going to search anyways, he must have a valid exception to the search warrant requirement. Among them are exigency, Terry frisks, search incident to arrest, automobile exception, inventory (administrative), consent, plain and open view, etc.

 

[jvbutter]

Moreover, cops give people that kinda crap all of the time. "oh we can't seem to find this, or this is a problem" just to remind everyone who is in control. If you however, ask a very specific question of them, they seldom respond with any specificity; and they don't have too, they are the LAW!!!

Agreed... they should be in control... I think if there now, bad things will happen to them and others

Dyjital, I think you did good by letting them check. I've been pulled over several times and state that I am armed. They have never asked me to see the piece only to inform them what area of the car its in. I find that when police are aware you are carrying- you are actually usually less of a threat to them if you are legally allowed to carry. That pretty much just tells them straight forward your not a felon, etc.

I think they don't investigate what they don't see.... No this does not mean the previous person who had to pass his fanny pack off to the officer, i think that was a security issue with the cop. Basically if they don't see it sitting out, they prolly wont be threatened and ask "hey can i see that?"

 

[Velzey]

"probable cause" Any lawman in Oregon can search yer vehicle! Look at him funny or act shifty.......And yes Oregon is part of the USofA!

 

[Member 5605]

So should I say this thread has run it's course?

 

[mjbskwim]

Sorry, but you are just wrong. Absolutely and completely in error. Courts have upheld that officers only need "probable cause" to search a motor vehicle.

Well I gotta tell you,if he is wrong,then y'all down there in Qregon need to put on your BIG BOY pants and come up to the 21st century.
That is the worst statement I have read on here.We have rights and if we don't defend our rights,then we will all lose.

Now is there some kind of law on the books that says if you have a CPL/(whatever it is in Or) that you must let the police search your car if they find you have a weapons permit?

I sure haven't ever seen this.

 

[mjbskwim]

So should I say this thread has run it's course?

Yes please

 

[parallax]

I see alot of guys from washington posting,, I dont know what the washington law is on consent,, but in oregon all an officer has to do on a motor vehicle stop,is have probable cause, they can pretty much make up anything they want " he was moving around, looked like he was trying to hide something, etc.etc.etc.".. i personally dont hate cops,, i have met some cool ones, and have met some bad apples, but here in oregon, they pretty much are going to get there way, and if you want to say no,, hope you are prepared to sit by the side of the road for quite some time,, just depends on how much time the officer wants to devote to you. persnally if i had my way,, i would crack the window about an inch,keep my doors locked,, hand out my liscense registration and c.h.l. and not say a word... but i can only imagine that would make me the officers newest hobby for the next 2 hours.

 

[python287]

OK first you are not required to have a working speedometer in your vehicle and your vehicle will not be towed if yours doesn't work.- And Although the law says you don't have to have a windshield - you must have windshield wipers.

2nd - If you firearm is in plain view it is not considered a search.

166.380 only applies in a public building i.e Courthouse - City Hall. AS for asking to see your weapon not everyone who carries one is a good guy ! or the weapon might be stolen. As for telling them you have a CHL is not necessary - once he runs you he already knows via LEDS. Acting a like a decent person will probably get you a warning -acting like an a$$ will get you a ticket or arrested if the case may be.

As for a police state - get real you have no clue what a police state is and it certainly is not any city or COUNTY anywhere in the USA. You want a Police State go to Russia, China or similar.. ! as for you BlitzKrieg - you have some serious issues- maybe mental as well - spare me your spouting the police state BS - And since Blitzkrieg was the mantra of the Nazi's - hmm maybe that's your problem..

The bottom line is that if you act like a decent law abiding person that is how you will be treated- if not then don't complain when the Police deal with you..

 

[MrNiceGuy]

The bottom line is that if you act like a decent law abiding person that is how you will be treated

I used to believe this. But after having been harassed solely for driving the wrong type of car or for walking in groups of more than two people, I started to realize that it's more of a pipe dream.
My parents used to believe I was only giving them half of the story when I'd tell them about it later, until they were witness to a few examples.

A good one when I was driving back from a funeral in Medford. I was caravaning with my parents. Me in my lowered turbo import with racing stripes, driving behind them in their mini van.
We pulled into roseburg for gas at the chevron and to use the restrooms. While I was parked next to my parents van waiting for them to finish with the latter, a police car pulled behind me and turned on his lights. He walked up to my window and told me to get out of the car. In the middle of his little tirade about how I had no business driving through their town, I realized my parents were watching in disbelief.
Apparently the officers saw me pull off of I5 and followed me to the gas station. I was told to finish my business and get back onto I5. They then drove out of the parking lot, to the top of the overpass, parked, and watched until my family left the town.

There's no more to the story. No peeling out, speeding, revving my engine, previous problems, loud music, dirty looks, loitering, etc etc etc... I was harassed and essentially kicked out of town for driving a car the police officer didnt like. I wasnt happy about what happened, but I wasn't totally shocked either. My parents on the other hand didnt quite know how to handle or process the situation. Everything they witnessed went against their preconceived notions.
Growing up, we had always stopped in Roseburg when traveling between Eugene and Medford. Either for gas, or to eat at tomtom. That all stopped after that day. Now it's nothing but landmark that we look at as we go past and say "remember when".

 

[Blitzkrieg]

Enemies, foreign and domestic

Yes, I took that oath,
If you see the police in America today as enemies,
then this conversation has just gotten too stupid even for me.
I'm just going to have to let Darwin sort this out.
I'm done with this thread.

If they willingly violate my rights they are my enemy. I have seen US LE murder, terrorize and destroy innocent lives in my time

Save your BS for one who has not been paying attention

BTW Darwin won't save you, sir..

 

[Blitzkrieg]

Sorry, but you are just wrong. Absolutely and completely in error. Courts have upheld that officers only need "probable cause" to search a motor vehicle.

Courts can be and are, corrupt. the Founders would not even recognize your way of thinking

 

[Blitzkrieg]

OK first you are not required to have a working speedometer in your vehicle and your vehicle will not be towed if yours doesn't work.- And Although the law says you don't have to have a windshield - you must have windshield wipers.

2nd - If you firearm is in plain view it is not considered a search.

166.380 only applies in a public building i.e Courthouse - City Hall. AS for asking to see your weapon not everyone who carries one is a good guy ! or the weapon might be stolen. As for telling them you have a CHL is not necessary - once he runs you he already knows via LEDS. Acting a like a decent person will probably get you a warning -acting like an a$$ will get you a ticket or arrested if the case may be.

As for a police state - get real you have no clue what a police state is and it certainly is not any city or COUNTY anywhere in the USA. You want a Police State go to Russia, China or similar.. ! as for you BlitzKrieg - you have some serious issues- maybe mental as well - spare me your spouting the police state BS - And since Blitzkrieg was the mantra of the Nazi's - hmm maybe that's your problem..

The bottom line is that if you act like a decent law abiding person that is how you will be treated- if not then don't complain when the Police deal with you..

No one is more enslaved than they who believe themselves free

 

[python287]

Whatever Blitz - believe what you want to believe !

 

[CavVet]

For years in Ohio there was no CPL, so "if" one had a firearm they always denied it.

Then I moved to WA, got a CPL, got pulled over right away, and when asked about a gun said "yes", having nothing to hide. I ended up with my hands up for 30 minutes at gunpoint. my parting comment was "If I was going to do something nefarious I would not have told you I had a gun genius".

Later a coworker, a retired WSP told me, If all is ok with you, and you are questioned on gun ask what it has to do with the stop and refuse to have that discussion with them at all. Also constantly ask if you are free to go, pushing for arrest or release.

I know cops are not lawyers, but his advice is what I go on now. WA does not require I tell them bubblegum and I kinda like exercising my rights.