User Panel
Posted: 3/7/2006 9:35:43 AM EDT
I was wondering the law on this...I was stop the other day for taillight problems(not working) I had some targets in the back(blown up water jugs) he ask me if i had gun and i told him yes. He then ask me where etc.... I told him where which he didnt like the location(side door panel). to make the long story short I could of saved alot of head aches if i told him no and go on with my way but dont want break the law by doing this.
Does a police have to ask to go into your car if you have the gun? He didnt do a search of the whole thing just to get the gun from there. He did bring it back to his car and sat there for a bit. Also unloaded and gave it back that way. i guess the good news i didnt get a ticket for taillight broken LOL |
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If they ask, you are SUPPOSED to tell them |
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Of course. Getting asked to step out of the car, is way better than getting shot.
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+1 Last time I was asked, I answered and left without a ticket. |
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If asked, I would tell the truth...
But If I get pulled over in my area, I have known most of the cops and deputy's for the last 10 years +....They just know I am. |
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I believe the answer would be no.
Of course, it may require a little jail time and some court to prove the point. If the officer asked for your CPL the answer is definitely yes. |
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he didnt ask for my cpl but if i had any guns inthe car. I told him i had one and the location then said i had cpl.
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If the officer specifically asks you if you have a weapon in the car you have to tell them the truth or be caught in a lie.
Rob tells the officer. Lies make baby jesus cry. -Rob |
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ok i found out i have to tell him about the gun but do i have to let him expect them.
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Your statement is almost true. You only gave two possible answers, the truth or a lie, but the other possibility would be to not answer. This isn't necessarily what one should do in this situation but it is another alternative. If you were being accused of a crime that involved a firearm then the officer has a valid reason to ask the question. Otherwise, what reason did he have for even asking? There is no law against transporting used targets and I don't think a broken taillight would give the officer any valid reason to believe you are armed. I'm willing to bet this is what your lawyer would tell you also. If you want a legal answer call a lawyer. |
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How did you find this out? Did you speak to a lawyer or just someone who thinks they are? |
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There is nothing that I know of that says anything about them touching your piece. And be mindful of this. When the officer touches a gun he/she is untrained on....there is a chance of an accident. The last WSP that touched mine unloaded it in his patrol car and handed it back to me, bullets in a seperate plastic bag with the fleeting words "I don't like giving people loaded weapons" I just reloaded it and continued to the ATM. The one prior to that pulled it out of the car holster and inspected it and set it on the dash of my car. The most recent WSP just got pissy when I didn't divuldge that I had a pistol in the car. "Next time," he said, "you need to tell an officer beforehand...he shouldn't have to ask you" And for the record. IN all of these cases I was never cited for anything. I'm just a target....it's racial profiling because I'm white. -Rob |
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Oh yeah...Jafo makes a good point. YOu don't have to speak. +1 Jafo. |
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Exactly how fast are you making that poor old VW drive around town? |
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That is because he was switching out a couple of your rounds with your finger prints with a couple of his throw down's... |
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Hmm. Worse yet maybe Rob should check his serial number. |
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LOL nope i guess i dont know for sure yet because i m 2 cheap to talk to lawyer. I just wanted to know if i could get in trouble for not saying i have a gun in the car. Sounds like to me not something i should try to find out. Funny part is i didnt have the gun that i was shooting the target with in there(AR15).
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Every time I scan past this thread title, All I can think of is:
"Ray, If someone asks you if you are a god, you say YES!" |
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Did that after he gave it back The tranny tops out at 150mph...about 120mph the aerodynamics kick in and make it scary to drive. Not that I would know this, but I've heard stories. -Rob |
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Jeeves where are you???!!!
Doesn't the law state you don't have to give that information to them as far as the law states?? That was my understanding, but not telling the truth can get your ass in a ringer. I usually wait until the officer is at the window before anything. Then roll the window down and when asked for credentials I undo the seatbelt, pull out the CPL first and hand that to them while I dig for the License and Insurance card. Then I ask if they want the registration and they usually pass on having me dig for it when I am armed. I was only asked once to hand the firearm to the officer in which I passed. I said something to the affect that you seriously want me to draw a loaded firearm out of a holster and hand it to you?? Then said I didn't think that was in my best interest. Officer seemed puzzled but handed my stuff back and sent me on my merry way with a warning.... |
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Standard boilerplate answer.
Washington has NO statutory requirement to notify an officer that you are carrying. Opinions vary, but as a general rule you should not advise an officer that you are lawfully armed UNLESS he's about to find out anyway (such as asking you to step from the vehicle). No surprises. That's the rule. The last thing the officer--or you--need is for him/her to be surprised, especially by an armed violator (that's what they call citizens who have managed to arrest the attention of guardian of the public safety through the apparent commission of a traffic infraction). Whether you inform him/her righjt up front is a judgment call, but under any circumstances where the fact that you are carrying is likely to be exposed (please get out of the vehicle, open your purse, etc), be sure that YOU are the one that informs the officer, NOT the other way around. Everybody likes a surprise, EXCEPT a police officer surprised by your carry piece. One should not allow the officer to be surprised by the presence of a lawfully-possessed firearm, neither should one overburden the officer with unnecessary information. Another police rule of thumb in traffic stops: violators aren't criminals, but most criminals are violators. Bad guys who break other laws also have a propensity to break traffic laws. So it's important that you provide that officer with the comfortable feeling that you're just one of those citizen/violators, rather than one of those b/g violators. The higher his/her comfort level, the higher yours is likely to be. In your case you had shotup water jugs where I'm guessing the officer could see them? That's a pretty good clue that you have something to do with guns aka Probable Cause. If the cop says, "Do you mind if I lookinto your..." or "If you have nothing to hide, you won't mind if I searchyour..." The law school 101 answer to this is NO CONSENT SEARCHES. Of course, that opens the door to the attitude thingy. My canned response is, "I'm sorry officer, I have nothing to hide, but my family lawyer has advised me he will not represent me if I consent to any search." ANYTHING uncovered in a consent search is admissable. If the cop uses "probable cause" to justify the search, and his PC doesn't stand up, it's challengeable in court and some or all of any evidence uncovered is subject to exclusion. |
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Thats pretty much what mine told me. I was told to flip it around and ask what that question has to do with my stop. Then lawyer up if they dont back off. Kinda funny story- One night my taxi stopped on 405 (Bothell). Gauge said 1/2 tank, gauge was broke. WSP came by and offered to give me a ride to get gas. As I went to get in the backseat of his car, I unclipped my fanny pack and went to hand it to him, "Im sure you would feel a lot better about life if you had control of this". "I already feel good about life. You are driving a taxi, I know you are armed, and you just offered it to me without me asking. Put it back on and lets go." |
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Was this last Sunday? Thats why you didn't make the shoot, We knew it. |
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Sounds like you need a taller ring and pinion and a good airdam on the nose... |
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My experience from a thread a while back:
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Yeah...not to hijack the thread here... It has a front airdam that is somewhat helpful but the issues to address the aerodynamics would be wider tires, lower ground clearance, rear hatch spoiler (not of the huge bolt on 5ft high spoiler), and maybe some fender flares. I'd also like to have camber plates in lieu of strut bearings. All of that would make it a much safer ride at 120+ But I don't race it. It's just a daily driver. -Rob |
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Good story. Some can be so down to earth. -Rob |
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I don't agree with the statement in red. Probable Cause pertaining to what crime? I understand that while investigating one crime officers can often find evidence that other crimes have been committed and have "Probable Cause" but I don't see how that has anything to do with this situation. Shot up water jugs certainly wouldn't make me think a crime has been committed unless I saw them on the side of the road or at a pit or something. Then I would think some littering has taken place and someone needs to get some 8x10 color glossy photographs. |
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Do you have any guns in the car? "no" Shot up water jugs=guns somewhere, and you said you didn't have any guns in the car therefore either you are lying about it or..... |
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