Deputy attempts to justify seizing LTC handguns during traffic stop

[Rookie]

Nope, you can smile and blow kisses.

 

[Jack Burton]

I've had one pull my pistol off of me from the drivers door opening while it was holstered on my right hip. He didn't ask anything about it, such as model, safeties, IS IT LOADED, etc. He just fumbled his hand around until he found it, then drew it out and over my lap. Swept with my own pistol. So I am needless to say, in favor of leaving it safely holstered where it belongs.

I thought that we had no way to combat such behavior, since this power is left to officer discretion?

An officer can only take a concealed handgun that he knows about. If he doesn't ask, don't tell. If he does ask, ignore the question or tell him you have nothing illegal in the car.

In an open carry state such as Indiana there's not much you can do about officer illegal behavioiur in taking the gun except complain afterwards.

and any open carrier who doesn't also carry a small video camera with him at all times is just a victim waiting to happen.

 

[griffin]

Other than the missing apostrophe in the title and misspelling "perspective," it was a revealing article.

That article was full of misspellings and poor grammar.

 

[N8RV]

That article was full of misspellings and poor grammar.

Yeah, I know. I was being kind. But screwing up the title is just too glaring.

 

[Tinner666]

Is this just an Indiana thing?
In Va. when with LEO's for whatever reason, I 'declare' and the only issues that arise are "What are you carrying?" "Are you planning on shooting me/us?" "A 6906?? WoW, can I see it?" Once in a wile, I'll be asked if I have a permit. Much rarer is the need to even show the permit.
Once when in a police car after an accident, the LEO requested it and he laid it on the dash, still in C1, or C0, which ever it's called. When we finished, he just handed it back to me. Several others never even requested it.

 

[Kirk Freeman]

Is this just an Indiana thing?

It is an all over thing. Do you want some Virginia incidents?

 

[Denny347]

Perhaps they are viewed as impartial since they aren't from the same department?

Hmmm, I understand calling a supervisor...that's cool. A supervisor can ORDER the stopping officer to give the gun back immediately, etc. A Trooper will show up and there is NOTHING they can do other than give advise. I would say that I would ask for a supervisor to the scene.

 

[Hornett]

From the article

and that I am going to place your firearm in the back seat and the magazine a few feet away from it.

FREE SEARCH WITHOUT A WARRANT anyone?
Cops should be treated like vampires, don't invite them in for any reason.

 

[Tinner666]

It is an all over thing. Do you want some Virginia incidents?

Well, I mentioned a few of my interactions with PD. Many were in other towns and counties in the state. Could it just be my smiling face?

Here's another. I became exposed while eating at a resturant one day. A lady crossed the room and pointed me out to three LEO's at a nearby table.
After bending there heads around and studying me, they told her it looked like I had a S&W on me and it was a good gun, so she shouldn't worry about it. They went back to eating. This the typical reaction I'm used to.

 

[N8RV]

Well, I mentioned a few of my interactions with PD. Many were in other towns and counties in the state. Could it just be my smiling face?

Here's another. I became exposed while eating at a resturant one day. A lady crossed the room and pointed me out to three LEO's at a nearby table.
After bending there heads around andd studying me, they told her it looked like I had a S&W on me and it was a good gun, so she shouldn't worry about it. They went back to eating. This the typical reaction I'm used to.

Hmmm ... exposing yourself to a lady in a restaurant with cops present? Frank, you do live life on the wild side ...

 

[9mmfan]

Hmmm ... exposing yourself to a lady in a restaurant with cops present? Frank, you do live life on the wild side ...

Your just naughty!

BTW, commented on sight.

 

[LP1]

This is one 'cop thing' that I'll never get. Why in the hell would you want a weapon out (and for lack of a better phrase) and in play during a traffic stop? If it ain't broke, don't fix it. Or, more appropriately, if the trigger ain't exposed, don't expose it.

My thoughts exactly.

In addition, I see the following possibilities when someone is pulled over:
1) The person is law-abiding and has no intention of shooting the officer. Asking about / confiscating the firearm accomplishes nothing, and as mentioned previously, could end badly if the firearm is mishandled.

2) The person is otherwise law-abiding, but could be angry and might shoot the officer. Asking about a firearm is unlikely to elicit an honest response.

3) The person is not law-abiding (warrants, carrying illegally, etc.). Does anyone think they will answer truthfully?

I'm just glad it's not my job to meet random people at the side of the road, and thanks to the folks who do that job.

 

[Tinner666]

I also left a comment.

 

[Tinner666]

Hmmm ... exposing yourself to a lady in a restaurant with cops present? Frank, you do live life on the wild side ...

I sure put that wrong and asked for that, didn't I??
To clarify, my 'metal' weapon became exposed. No wordsmith here!

 

[45calibre]

If a LEO asks if you are carrying in a traffic stop, are you legally bound to answer him?

Nope, you can smile and blow kisses.

really i thought you were obligated to tell him if he asked you if you have weapons. does the IC say anything about this?

 

[74J10]

It's not an IC, it's your 5th Amendment right. Don't answer, or make a statement other then answering (I have nothing illegal.) is legal although I would guess it could **** the cop off and might end in more trouble then just answering.

 

[Denny347]

really i thought you were obligated to tell him if he asked you if you have weapons. does the IC say anything about this?

Nope...you are not. On a traffic stop, you are only required to pull over and provide identification...that's pretty much it.

 

[Bunnykid68]

really i thought you were obligated to tell him if he asked you if you have weapons. does the IC say anything about this?

It is called the right to keep your bacon hole shut. An officer can ask you all kinds of questions, you do not have to answer any of them.


Yeah, what Denny said

 

[Rookie]

really i thought you were obligated to tell him if he asked you if you have weapons. does the IC say anything about this?

The IC says nothing which means you don't.

A few years back, my wife and I were walking in our neighborhood at three in the morning. I had just gotten off work, so this was actually normal for us. As we are walking, a police officer pulls up.

Officer: what are you doing?
Me (without missing a step): walking
Officer: where are you going?
Me (pointing in front of me): that way.
Officer: where are you coming from?
Me (pointing behind me): that way.
Officer: where do you live?
Me (pointing behind me again): that way.
Officer: Uh, ok. And she drove off.

At no point, did I stop walking. Do you, for a second, think the answers I gave was what she was looking for? No, but she had no probable cause and couldn't require me to answer her.

 

[HavokCycle]

cops routinely ask questions looking for a bigger bust than a traffic citation. "do you have and drugs, can i search your vehicle" etc, are examples of a Terry stop. you are not obligated to allow search of anything, but they're often very persuasive. as i understand, Indiana does not have a requirement to declare. (i think?)

that all said, i've not ever been stopped whilst carrying. i'd suppose its at least courteous to declare, and that my friends, in reality, gets you farther than your rights. hell, i've declared a pocket knife before.