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Posted: 7/4/2010 11:47:00 AM EDT
The wife and I left my mother in law's house heading home.  We went over for lunch and swimming.  Coming home, I went through a roadblock safety checkpoint, and handed the cop my drivers license, insurance and ccw.  He directed me to pull over.  After that, he told me to grab my gun by the 'rack' and hand it to him.  I told him I'm not touching my gun while I'm stopped.  He again said for me to hand it to him by the rack, not the butt.  Um.... so I handed it to him.  

He then tells me that he has to run every gun that he sees.  I asked him what law told him this, and that I was an attorney and I didn't think the law required him to do so.  He asked "it doesn't say I have to, but it doesn't say I can't do it."  Jeez.  When the other cops saw I had a weapon, they came over and one got really pissy with me saying that it's not a roadblock, but a safety checkpoint and clearly I know nothing about the law, and that his badge meant that he could do whatever he wanted to me and my car (yes, he said this)  Another cop came over and asked if I was in law enforcement, and I told him no, I'm an attorney.  He said "Yeah, it sounds like you are."  

Is that a bad thing, I asked?  no answer.  When the first cop, who was actually nice, talked to me while the second cop took my gun to run, we were discussing the irony in a checkpoint on the 4th of July.  He explained he was just trying to keep me safe, and that even though I had a ccw, lots of ccw holders carry stolen weapons.  

I asked him if I was being detained.  He laughed at me, and said "oh, I'm going to let you (pointing to 2nd cop) handle this from here".  2nd cop was not a nice person.  He explained how dumb I was for not knowing the 'law' and that my gun didn't 'hit' and he was going to put it, unloaded, in my back seat.  

I'm really pissed off.  I have been through countless 'checkpoints' around this area.  this is the first time I have ever been disarmed.  I really wish I could have gotten this on tape.  Officer 2 was probably the most unprofessional cop I have ever met.  What sucks is that I'm going to have to go back through the fucking checkpoint in a few hours, or drive an extra 45 minutes around it to go back.

UPDATE #1: just called the madison sheriff office.  the nice lady at reception forwarded me to the Supervisor on Duty.  Lo and Behold... it was the guy at the checkpoint that asked me if I was an attorney.  I started explaining the situation, and he said "yes sir, I was there."   He wasn't present for the entire ordeal, but I told him about the 2nd cop, and he said that "you have to understand his sense of humor," and I said "No, I don't have to understand that.  HE needs to understand that he needs to be polite and that not ALL people are to be treated like criminals. I understand ya'll have a tough job, and I am not trying to make it harder, but for me to hand you a ccw, and then you make me pull over and run my gun?  Never have I had to 'let' you run my gun. Ever."

He says it's their policy.  I explained that it's not a law, and he didn't say anything.  He said he heard the 2nd cop tell me that their badge gave them all the authority they needed, but not when he called me dumb and i know nothing about the law.  

He said that he was going to talk to the 2nd cop... whatever good that will do.  

I'm going to follow up with a letter to the Sheriff.

UPDATE 2: Drove the bike out to the sheriff's office today.  Surprise, they were closed.  I spoke to some lady behind a thick glass I couldn't see through and she told me to come back tomorrow.  I asked her for a complaint form, and she gave some "walk in complaint" form through the metal pass through box.  I'm researching case law on the issue of roadblocks/checkpoints, and they actually call them road blocks and checkpoints in the supreme court opinions.

Cops are allowed to do them if they are not just based on general crime prevention.  DUI, tags, inspections, etc seem to be upheld.  Drug checkpoints are not.  What's funny in that my phone call to the supervisor yesterday, I told him something like good luck with the drunks today, and he said "oh no, it's not just about drunks, we are going after all the crimes."

UPDATE 3: Went to the sheriff's office.  Spoke to a lady behind the glass who says they can't give out names of the officers at the road blocks.  I told her what happened, and what I needed, and she called a sergeant in who ran the radio room (whatever it's called).  We spoke for a minute, and he said the only way to get the info is to subpoena it.  I told him I'm not interested in filing a lawsuit to get subpoena power, but I could file a FOIA request.  He said that the 911 calls are only available by subpoena.  I told him that it wasn't a 911 call I was interested in, and he gave me the same runaround.  Told him I was going to meet with the sheriff, and then he said "well, he can get all the records you need, speak to the receptionist and she will get an appt for you".  Spoke to the receptionist, and she told me to call and get an appointment, and that she can't give me one.  This is turning into a bigger pain in my ass.  I'm tempted to just file a suit like they appear to be suggesting.

UPDATE 4: CONTACT
Spoke to the IA guy today.  I have 'proof' for the naysayers.  I have a phone message he left for me on my cell.  I gave him all the info he needs.  He says he will contact me in a week.  I will abide by his week timeframe and will see where he goes with it.  I have the names of the Supervisor Sergeant, and he says he will find the names of the other two officers for me.

UPDATE 5 - got a call back this am from "a" chief (he identified himself as chief).   He said he spoke with the officers, and that they said they told me it was only 'the individual officers' policy to check weapons.  the chief says he felt at the most it was an inconvenience to me, which he apologized for.  then, he said that it wasn't the sheriffs policy to check all guns, but that he felt it was a good policy because.... JUST BECAUSE YOU HAVE A PERMIT DOESN'T MEAN YOU AREN'T CARRYING A STOLEN GUN.  I am at a loss for words.  I will take it up with the sheriff now.
Link Posted: 7/4/2010 11:49:28 AM EDT
[#1]



Quoted:


The wife and I left my mother in law's house heading home.  We went over for lunch and swimming.  Coming home, I went through a roadblock safety checkpoint, and handed the cop my drivers license, insurance and ccw.  He directed me to pull over.  After that, he told me to grab my gun by the 'rack' and hand it to him.  I told him I'm not touching my gun while I'm stopped.  He again said for me to hand it to him by the rack, not the butt.  Um.... so I handed it to him.  



He then tells me that he has to run every gun that he sees.  I asked him what law told him this, and that I was an attorney and I didn't think the law required him to do so.  He asked "it doesn't say I have to, but it doesn't say I can't do it."  Jeez.  When the other cops saw I had a weapon, they came over and one got really pissy with me saying that it's not a roadblock, but a safety checkpoint and clearly I know nothing about the law, and that his badge meant that he could do whatever he wanted to me and my car (yes, he said this)  Another cop came over and asked if I was in law enforcement, and I told him no, I'm an attorney.  He said "Yeah, it sounds like you are."  



Is that a bad thing, I asked?  no answer.  When the first cop, who was actually nice, talked to me while the second cop took my gun to run, we were discussing the irony in a checkpoint on the 4th of July.  He explained he was just trying to keep me safe, and that even though I had a ccw, lots of ccw holders carry stolen weapons.
 



I asked him if I was being detained.  He laughed at me, and said "oh, I'm going to let you (pointing to 2nd cop) handle this from here".  2nd cop was not a nice person.  He explained how dumb I was for not knowing the 'law' and that my gun didn't 'hit' and he was going to put it, unloaded, in my back seat.  



I'm really pissed off.  I have been through countless 'checkpoints' around this area.  this is the first time I have ever been disarmed.  I really wish I could have gotten this on tape.  Officer 2 was probably the most unprofessional cop I have ever met.  What sucks is that I'm going to have to go back through the fucking checkpoint in a few hours, or drive an extra 45 minutes around it to go back.


Take a video camera for the round two lulz.  

 
Link Posted: 7/4/2010 11:49:30 AM EDT
[#2]
In.
Link Posted: 7/4/2010 11:51:17 AM EDT
[#3]
Did he give you the ammo, too? Or did he keep that?
Link Posted: 7/4/2010 11:52:35 AM EDT
[#4]
Lots of ccw holders carry stolen weapons


Link Posted: 7/4/2010 11:53:07 AM EDT
[#5]
get a friend from the DA's office to go through it with you......
Link Posted: 7/4/2010 11:53:09 AM EDT
[#6]
In on one...are you an atty?
Link Posted: 7/4/2010 11:54:15 AM EDT
[#7]
Quoted:
Did he give you the ammo, too? Or did he keep that?


I have it back.  I put the back window down so he wouldn't have to open my door.
Link Posted: 7/4/2010 11:54:27 AM EDT
[#8]
Go in and talk with the Sheriff or Chief Of Police. Express your concerns and discuss the attitude of the Officer that was being impolite. Ask to see the statute or law on running weapon serial numbers and if one is being detained if there is no evidence of a crime being committed.
Link Posted: 7/4/2010 11:54:31 AM EDT
[#9]
Quoted:
get a friend from the DA's office to go through it with you......


I'm about to go up to the sheriff's office.
Link Posted: 7/4/2010 11:54:41 AM EDT
[#10]
Quoted:
In on one...are you an atty?


yes.
Link Posted: 7/4/2010 11:55:18 AM EDT
[#11]
Around here we have operation "rolling thunder" or some such nonsense.  15 or 20 cars from various agencies gather to intimidate the public.  For our safety of course.  
Link Posted: 7/4/2010 11:56:10 AM EDT
[#12]
Well, now you'll be ready for them.

Guns of Brixton.

Link Posted: 7/4/2010 11:56:13 AM EDT
[#13]
Quoted:
Go in and talk with the Sheriff or Chief Of Police. Express your concerns and discuss the attitude of the Officer that was being impolite. Ask to see the statute or law on running weapon serial numbers and if one is being detained if there is no evidence of a crime being committed.


there is no law about it.  it's probably an office policy, but in all the times I've been at these checkpoints, no cop has ever run my gun.  ever.  even when I got a ticket on the coast a while back, he didn't say anything about my gun.
Link Posted: 7/4/2010 11:57:26 AM EDT
[#14]
He's a member of "badge royalty", makin "big" holiday pay via taxpayer rape.  Real important guy exercising the wisdom of the ages with his 18 month criminal science associate degree under his belt.

Happy 4th, brother.

Posted Via AR15.Com Mobile
Link Posted: 7/4/2010 11:58:40 AM EDT
[#15]
MHP or local?
Link Posted: 7/4/2010 12:01:38 PM EDT
[#16]
Isn't there established case law that states that a run of a serial number is a defacto search and, absent other factors, not cool?
Link Posted: 7/4/2010 12:02:08 PM EDT
[#17]
I grew up where checkpoints are illegal. Will someone explain to me the extent of their powers? What authority do they have to seize property during the seizure of your person?
Link Posted: 7/4/2010 12:06:02 PM EDT
[#18]
This could be interesting. Hopefully you got the names of everyone involved, and there is dashcam video of the event.

I'm sure you could make their lives miserable, if you were so inclined.
Link Posted: 7/4/2010 12:07:27 PM EDT
[#19]
Why any cop would think that someone who has passed all the necessary criminal background checks to get a license to carry AND has been admitted to the state bar as a licensed attorney would be carrying a stolen weapon like a street corner thug is beyond me.

Did you show him your bar card?

ETA: Now with less fucked up sentence structure.
Link Posted: 7/4/2010 12:08:00 PM EDT
[#20]
I've never even seen a roadblock.  What's the purpose?  They stop EVERY single car that comes through?  
Link Posted: 7/4/2010 12:08:26 PM EDT
[#21]
What part of Mississippi are you in? I'll go through there and refuse straight up as they have NO legal reason to search my gun without my permission!





And you are an attorney, why in the hell did you hand them your gun??? You know know if it is in your vehicle, it's the same as in in your house and they have no legal reason to run the numbers. DON'T 'PROVE' your innocence!!!





.
Link Posted: 7/4/2010 12:08:37 PM EDT
[#22]

so having a ccw is probable cause to run your firearm's serial number?



happy fourth of july indeed

Link Posted: 7/4/2010 12:08:42 PM EDT
[#23]
Papers please, so much for the upholding the constitution of the USA thing.
Link Posted: 7/4/2010 12:10:45 PM EDT
[#24]
Quoted:
This could be interesting. Hopefully you got the names of everyone involved, and there is dashcam video of the event.

I'm sure you could make their lives miserable, if you were so inclined.


i'm not interested in making lives difficult.  i'm interested in going to swim and eat lunch and returning without being treated like a criminal.  i didn't not get any names.
Link Posted: 7/4/2010 12:10:50 PM EDT
[#25]
God bless America.
Link Posted: 7/4/2010 12:11:14 PM EDT
[#26]
Quoted:
Why any cop would think that someone who has passed all the necessary criminal background checks to get a license to carry AND has been admitted to the state bar as a licensed attorney would be carrying a stolen weapon like a street corner thug is beyond me.

Did you show him your bar card?

ETA: Now with less fucked up sentence structure.


no, but i offered to show it, plus i handed him a business card which he refused.
Link Posted: 7/4/2010 12:11:40 PM EDT
[#27]
Suspicion of keeping and bearing arms.
Link Posted: 7/4/2010 12:11:44 PM EDT
[#28]
Yep they do the same stupid shit here in VA. They'll block off an entire road and about a half mile of turn offs and side streets so you can't avoid it, and then run every person's license and registration.

Link Posted: 7/4/2010 12:12:07 PM EDT
[#29]
Quoted:
What part of Mississippi are you in? I'll go through there and refuse straight up as they have NO legal reason to search my gun without my permission!


And you are an attorney, why in the hell did you hand them your gun??? You know know if it is in your vehicle, it's the same as in in your house and they have no legal reason to run the numbers. DON'T 'PROVE' your innocence!!!


.


it's in madison.  there were 7 of them, and me and my wife.  do i really want to beat the rap but not the ride?  no.  i am a big pussy apparently.
Link Posted: 7/4/2010 12:16:05 PM EDT
[#30]



Quoted:


He's a member of "badge royalty", makin "big" holiday pay via taxpayer rape.  Real important guy exercising the wisdom of the ages with his 18 month criminal science associate degree under his belt.



Happy 4th, brother.



Posted Via AR15.Com Mobile


WTF is Holiday pay?



(Yes, I know what it is...but I'm not making any extra money working tonight)



 
Link Posted: 7/4/2010 12:16:12 PM EDT
[#31]
Go Full Retard, only way to make a name for yourself.
Link Posted: 7/4/2010 12:17:09 PM EDT
[#32]
Quoted:
I've never even seen a roadblock.  What's the purpose?  They stop EVERY single car that comes through?  



It's for your safety

Actually it's an oportunity for the JBTs (local police, sheriff dept) to fleece you, in the name of safety, of course.  

Link Posted: 7/4/2010 12:17:16 PM EDT
[#33]



Quoted:


I've never even seen a roadblock.  What's the purpose?  They stop EVERY single car that comes through?  


Around here they check everyone's license, insurance, tag, and sometimes breath.  Basically you're assumed to be doing something illegal  until otherwise proven.



 
Link Posted: 7/4/2010 12:17:25 PM EDT
[#34]



Quoted:



Quoted:

What part of Mississippi are you in? I'll go through there and refuse straight up as they have NO legal reason to search my gun without my permission!





And you are an attorney, why in the hell did you hand them your gun??? You know know if it is in your vehicle, it's the same as in in your house and they have no legal reason to run the numbers. DON'T 'PROVE' your innocence!!!





.




it's in madison.  there were 7 of them, and me and my wife.  do i really want to beat the rap but not the ride?  no.  i am a big pussy apparently.


I know Madison tries to control their entire environment but damn, that's ridiculous!  But c'mon man, you know they can't demand a gun from your car just to run the numbers, don't hand them more power than they already have. I wish it was closer and I'd cruise through there with an AK in the back seat just to make them shit.



I'm tempted to skip the bbq this afternoon just to go over there do with cameras rolling. I'm going to see if I can delay the cookout a few hours.





.





 
Link Posted: 7/4/2010 12:18:29 PM EDT
[#35]
in on 1
Link Posted: 7/4/2010 12:18:34 PM EDT
[#36]
Quoted:

Quoted:
I've never even seen a roadblock.  What's the purpose?  They stop EVERY single car that comes through?  

Around here they check everyone's license, insurance, tag, and sometimes breath.  Basically you're assumed to be doing something illegal  until otherwise proven.
 


i was smoking a cigarette when we pulled up, and he told me to get rid of it... not that he was trying to see if i was drinking, but because he was allergic to the smell.
Link Posted: 7/4/2010 12:18:43 PM EDT
[#37]
Quoted:
The wife and I left my mother in law's house heading home.  We went over for lunch and swimming.  Coming home, I went through a roadblock safety checkpoint, and handed the cop my drivers license, insurance and ccw.  He directed me to pull over.  After that, he told me to grab my gun by the 'rack' and hand it to him.  I told him I'm not touching my gun while I'm stopped.  He again said for me to hand it to him by the rack, not the butt.  Um.... so I handed it to him.  

He then tells me that he has to run every gun that he sees.  I asked him what law told him this, and that I was an attorney and I didn't think the law required him to do so.  He asked "it doesn't say I have to, but it doesn't say I can't do it."  Jeez.  When the other cops saw I had a weapon, they came over and one got really pissy with me saying that it's not a roadblock, but a safety checkpoint and clearly I know nothing about the law, and that his badge meant that he could do whatever he wanted to me and my car (yes, he said this)  Another cop came over and asked if I was in law enforcement, and I told him no, I'm an attorney.  He said "Yeah, it sounds like you are."  

Is that a bad thing, I asked?  no answer.  When the first cop, who was actually nice, talked to me while the second cop took my gun to run, we were discussing the irony in a checkpoint on the 4th of July.  He explained he was just trying to keep me safe, and that even though I had a ccw, lots of ccw holders carry stolen weapons.  

I asked him if I was being detained.  He laughed at me, and said "oh, I'm going to let you (pointing to 2nd cop) handle this from here".  2nd cop was not a nice person.  He explained how dumb I was for not knowing the 'law' and that my gun didn't 'hit' and he was going to put it, unloaded, in my back seat.  

I'm really pissed off.  I have been through countless 'checkpoints' around this area.  this is the first time I have ever been disarmed.  I really wish I could have gotten this on tape.  Officer 2 was probably the most unprofessional cop I have ever met.  What sucks is that I'm going to have to go back through the fucking checkpoint in a few hours, or drive an extra 45 minutes around it to go back.

ETA: just called the madison sheriff office.  the nice lady at reception forwarded me to the Supervisor on Duty.  Lo and Behold... it was the guy at the checkpoint that asked me if I was an attorney.  I started explaining the situation, and he said "yes sir, I was there."   He wasn't present for the entire ordeal, but I told him about the 2nd cop, and he said that "you have to understand his sense of humor," and I said "No, I don't have to understand that.  HE needs to understand that he needs to be polite and that not ALL people are to be treated like criminals. I understand ya'll have a tough job, and I am not trying to make it harder, but for me to hand you a ccw, and then you make me pull over and run my gun?  Never have I had to 'let' you run my gun. Ever."

He says it's their policy.  I explained that it's not a law, and he didn't say anything.  He said he heard the 2nd cop tell me that their badge gave them all the authority they needed, but not when he called me dumb and i know nothing about the law.  

He said that he was going to talk to the 2nd cop... whatever good that will do.  

I'm going to follow up with a letter to the Sheriff.


Welcome to what used to be America.
Link Posted: 7/4/2010 12:19:51 PM EDT
[#38]
Quoted:
I've never even seen a roadblock.  What's the purpose?  They stop EVERY single car that comes through?  


The purpose is revenue generation.  Your lucky, not to have ever been through one.  Georgia has roadblocks(safety checkpoints) every holiday.
We get bombarded with these stupid fuckin click it or ticket radio commercials bragging about roadblocks and zero tolerance.  Have 1 beer and go through a checkpoint
and your going to jail.

Link Posted: 7/4/2010 12:20:46 PM EDT
[#39]



Quoted:





Quoted:

I've never even seen a roadblock.  What's the purpose?  They stop EVERY single car that comes through?  


Around here they check everyone's license, insurance, tag, and sometimes breath.  Basically you're assumed to be doing something illegal  until otherwise proven.

 


....fuck that.



 
Link Posted: 7/4/2010 12:21:43 PM EDT
[#40]
I think you absolved your rights the second you handed it over.

Yes, you have to comply a lawful order but that one seems dicey without explanation.

You just played nice and got shit on.

Good cops won't stop bad cops in front of you.  


I guess it boils down to how far you want to take it at that time he disarmed you.

My guess is you can file a report and that is exactly how far it will go.
Link Posted: 7/4/2010 12:23:43 PM EDT
[#41]
Quoted:
Lots of ccw holders carry stolen weapons




That's retarded.
Link Posted: 7/4/2010 12:24:36 PM EDT
[#42]
Just wondering do you guys sign some type of agreement when you get your ccw from your state? It crossed my mind maybe there is some clause in the law that lets LEO in your state run your weapon if you are a CCW.
Link Posted: 7/4/2010 12:25:26 PM EDT
[#43]
"you don't mind if I record this officer? You know...for your safety and mine"

Posted Via AR15.Com Mobile
Link Posted: 7/4/2010 12:26:45 PM EDT
[#44]
Create enough paperwork to negate the take effects from their Holiday robbery safety enforcement.

cc: everyone in the county and create their own little political fireworks. Also copy the chamber of commerce and post the checkpoint on http://www.speedtrap.org/

That this sort of (SCOTUS sanctioned) crap goes on on the 4th of July is beyond repugnant, but hey, it's for enhanced revenue our safety.

Absent probable cause, these are nothing more than fishing expeditions, and that is describing them in the most polite terms I can muster.
Link Posted: 7/4/2010 12:27:10 PM EDT
[#45]
Quoted:
I've never even seen a roadblock.  What's the purpose?  They stop EVERY single car that comes through?  


They did it alot in CT, and yeah, they stop everyone. Sometimes they were just waving people through after a few brief words with the window down to ensure no one was totally schwasted. On big nights (Fourth of July, Christmas eve, new years) they would breathalyze every single car.
Link Posted: 7/4/2010 12:27:39 PM EDT
[#46]



Quoted:


I grew up where checkpoints are illegal. Will someone explain to me the extent of their powers? What authority do they have to seize property during the seizure of your person?


Well, for the most part, if you do as your told, there's no problem with them.



But the whole issue at hand is that often what you're told is running real hard up against a civil rights violation.



And if you refuse them, well, they'll find something...



 
Link Posted: 7/4/2010 12:29:32 PM EDT
[#47]
MS 45-9-101:

(18)  Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any deadly weapon as described in Section 97-37-1, Mississippi Code of 1972.

interesting.
Link Posted: 7/4/2010 12:30:10 PM EDT
[#48]
No blading at 45 degrees, no massive adrenaline dump, no badge numbers or names!

Move along citizen, nothing to see here!
Link Posted: 7/4/2010 12:31:02 PM EDT
[#49]
Quoted:
Just wondering do you guys sign some type of agreement when you get your ccw from your state? It crossed my mind maybe there is some clause in the law that lets LEO in your state run your weapon if you are a CCW.


No.  Nothing of the sort.  The only law on the subject of CCW and leo's:

ms 45-9-101
b)  The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer.  A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.
Link Posted: 7/4/2010 12:31:43 PM EDT
[#50]
"Making friends, one contact at a time"

Enjoy you 4th.

Lem
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