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Posted: 6/13/2003 4:14:27 AM EDT
oops. $91 ticket last night. The highway patrolman asked me to get out of my car and have a seat in his. So I told him that I had a permit to carry a concealed pistol. He was pretty cool about it but wanted to know why I was carrying a cocked and locked 45. I wanted to say "cuz it goes bang" but said I was on my way back from the range. He had me put my hands on top of the car, he removed the piece, (with some difficulty - I love a tight fitting holster) checked the serial number, laid it on my seat and then we went back to his car. He called me and the serial number in. Everything came back cool, he knocked the speed down to 60 so it cost $91. Dunno why he was so suprised I had a pistol since there were used targets and empty brass strewn throughout my Jeep.
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[b]...but wanted to know why I was carrying a cocked and locked 45.[/b]
because john browning wanted it that way!!! |
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I figured I was up for an hour long vehicle search since my jeep is packed with camping, fishing, hunting, shooting and baseball gear, tools, and computer parts. But I was on my way again in 20 minutes.
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The best thing about havine a permit to carry concealed is that it allows you to carry your firearm just about any way that you want to in you own vech.
The sad thing about getting caught with a concealed weapon is that a public servant makes for a very good wittness, and there is nooooo wayyyyyy out of it. I wish that we could all be like VT and all people have the right to concealed weapons unless you can not own them. I wonder what their crime rate are compared to LA? Rant off- Badredfish [devil] |
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I wonder why he called in the serial #. Just to see if it was on a stolen list ?
Good thing I wasn't really going to the range. "Sir, why do you have four handguns, three rifles and five full ammo cans. And why are some of these rifle cartridges painted black on the tip ?" |
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Quoted: I wonder why he called in the serial #. Just to see if it was on a stolen list ? ... View Quote Probably – that’s SOP in some agencies (though legally perhaps a bit “iffy”). |
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Leaving brass and targets strewn about your jeep is just asking for some idiot to break in to look for the firearm that normally goes with such things.
Even if you don't leave the weapon in the car a $500 window or $800 soft top is a tough lesson to learn. Information leakage is always a bad thing. |
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When I lived in a free state (PA although with Rendell I don't know how much longer) a Taurus loaded with a Black Talon and my CCW permit got me out of a late night 4 am 70mph in a 50mph zone. The officer was so concerned about the gun he let me go with a warning. He asked me why the loaded gun. I said because I live by section 8 housing.
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Quoted: [b]...but wanted to know why I was carrying a cocked and locked 45.[/b] because john browning wanted it that way!!! View Quote ... Bingo! [hail2] |
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Here's a answer...
"Well gee officer, if I was a cop they'd only trust me with a DAO. But since I actually SHOOT mine more than twice a year, I get to carry what I want." |
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Typical officer answer. "But my Cheif only gives me 50 rounds a month to practice."
I hear this quite a bit. |
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Quoted: Here's a answer... "Well gee officer, if I was a cop they'd only trust me with a DAO. But since I actually SHOOT mine more than twice a year, I get to carry what I want." View Quote Truth spoken |
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I'm no lawyer, but that's mighty close to an illegal search, IMHO.
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He didnt search his vehicle, and Meltdown offered that he was carrying. Nothing illegal happened there.
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Well occifer it doesnt do to much if I have to wait to cock and lock it while the bad guy is shooting at me.
Excuse me mr. bad guy.....dont shoot yet...i still have to cock and lock this bad boy. just give'me a sec. |
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Quoted: He didnt search his vehicle, and Meltdown offered that he was carrying. Nothing illegal happened there. View Quote Why run the SN on the weapon? Did he have any reason to believe that Melt was in possession of a stolen weapon? He was fishing. |
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Article the sixth [Amendment IV]
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
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Quoted: oops. $91 ticket last night. The highway patrolman asked me to get out of my car and have a seat in his. So I told him that I had a permit to carry a concealed pistol. He was pretty cool about it but wanted to know why I was carrying a cocked and locked 45. I wanted to say "cuz it goes bang" but said I was on my way back from the range. He had me put my hands on top of the car, he removed the piece, (with some difficulty - I love a tight fitting holster) checked the serial number, laid it on my seat and then we went back to his car. He called me and the serial number in. Everything came back cool, he knocked the speed down to 60 so it cost $91. Dunno why he was so suprised I had a pistol since there were used targets and empty brass strewn throughout my Jeep. View Quote Why were you carrying cocked and locked? "Ain't that how the gun is designed to be carried?" |
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Quoted: Running a gun serial number is not an illegal search. View Quote Lumpy - You dismiss this out of hand. Are you an attorney? Do you have specific knowledge in this matter? I contend that it's completely reasonable, even expected, for a person with a concealed-carry permit to have a weapon on their person. Furthermore, it's reasonable for the police officer to disarm that person from a safety standpoint. However, unless the officer had reasonable suspicion to believe that the weapon was contraband, which he [i]may[/i] have had (but I saw nothing in the original story to suspect that), I feel that running the SN was an unreasonable search. |
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Quoted: Here's a answer... "Well gee officer, if I was a cop they'd only trust me with a DAO. But since I actually SHOOT mine more than twice a year, I get to carry what I want." View Quote [size=6][red][b]That's gonna leave a mark, LOL[/b][/red][/size=6] |
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Quoted: Quoted: Running a gun serial number is not an illegal search. View Quote Lumpy - You dismiss this out of hand. Are you an attorney? Do you have specific knowledge in this matter? I contend that it's completely reasonable, even expected, for a person with a concealed-carry permit to have a weapon on their person. Furthermore, it's reasonable for the police officer to disarm that person from a safety standpoint. However, unless the officer had reasonable suspicion to believe that the weapon was contraband, which he [i]may[/i] have had (but I saw nothing in the original story to suspect that), I feel that running the SN was an unreasonable search. View Quote So you probably think that also checking the license and registration in their computers is unreasonable too? I mean, he was only speading, it's not like the officer had reason to believe the car was stolen. The officer checked the SN, more than likely, to Cover His Own Ass. No officer wants to find out later that he fucked up a stop by not checking everything out and letting a criminal go. Every law enforcement official is well w/ in his right to verify any information you present to be true. |
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Quoted: Quoted: Quoted: Running a gun serial number is not an illegal search. View Quote Lumpy - You dismiss this out of hand. Are you an attorney? Do you have specific knowledge in this matter? I contend that it's completely reasonable, even expected, for a person with a concealed-carry permit to have a weapon on their person. Furthermore, it's reasonable for the police officer to disarm that person from a safety standpoint. However, unless the officer had reasonable suspicion to believe that the weapon was contraband, which he [i]may[/i] have had (but I saw nothing in the original story to suspect that), I feel that running the SN was an unreasonable search. View Quote So you probably think that also checking the license and registration in their computers is unreasonable too? I mean, he was only speading, it's not like the officer had reason to believe the car was stolen. The officer checked the SN, more than likely, to Cover His Own Ass. No officer wants to find out later that he fucked up a stop by not checking everything out and letting a criminal go. Every law enforcement official is well w/ in his right to verify any information you present to be true. View Quote Totally unrelated. Should the officer be able to check and see if he has any outstanding child support payments? |
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Quoted: I contend that it's completely reasonable, even expected, for a person with a concealed-carry permit to have a weapon on their person. Furthermore, it's reasonable for the police officer to disarm that person from a safety standpoint. However, unless the officer had reasonable suspicion to believe that the weapon was contraband, which he [i]may[/i] have had (but I saw nothing in the original story to suspect that), I feel that running the SN was an unreasonable search. View Quote I think novogator has a point. I can see running the car/license, that's for ID purposes. Unless you live in a state where ccw is tied to a registered weapon, the cop was fishing, and has NO reason to run the handgun serial ###'s.. |
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I think running the serial #'s is kind of SOP around here. One night a couple of us were shooting at a gravel pit at night on private property where we thought we were out of city limits. We had the owner's permission to be on that property
After about a hundred rounds about ten squad cars and fifteen officers showed up. Felony stop style, they put us on the ground, cuffed us, frisked us and searched the vehicle (no they didn't ask). The officer that frisked me and removed my .45 said "You have to tell us you are carrying a concealed weapon." I said, as I stood with my hands cuffed behind my back, "I still have a .380 in my inside coat pocket." I wasn't a smartass about it but I could tell he was pissed that he missed it. They ran the serial numbers on all the weapons we had, and an AR came back under my cousin's name. They asked me for his phone number and called him to ask if I had his permission to use his rifle. He said, "Of course". Then they said the area we were in was recently annexed by the city limits and not to shoot here again. You are free to go. |
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Who were you 69ing in a 45 what? I prefer the 45 packard. It has the biggest back seat. Oh, wait a minute, I misunderstood the heading. Sorry. Oh yeah, carrying aweapon while speeding. I wonder if that counts as carrying a concealed weapon during the commission of a crime, or armed speeding?
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Quoted: I think running the serial #'s is kind of SOP around here. One night a couple of us were shooting at a gravel pit at night on private property where we thought we were out of city limits. We had the owner's permission to be on that property After about a hundred rounds about ten squad cars and fifteen officers showed up. Felony stop style, they put us on the ground, cuffed us, frisked us and searched the vehicle (no they didn't ask). The officer that frisked me and removed my .45 said "You have to tell us you are carrying a concealed weapon." I said, as I stood with my hands cuffed behind my back, "I still have a .380 in my inside coat pocket." I wasn't a smartass about it but I could tell he was pissed that he missed it. They ran the serial numbers on all the weapons we had, and an AR came back under my cousin's name. They asked me for his phone number and called him to ask if I had his permission to use his rifle. He said, "Of course". Then they said the area we were in was recently annexed by the city limits and not to shoot here again. You are free to go. View Quote sounds like grad A asshole JBT behavior to me how different would it have gone if one or two had driven up, walked up and talked to you? [rolleyes] [img]home.wi.rr.com/antigov/dunkin1.jpg[/img] |
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Search doesn't just me search in the physical sense.
In Meltdowns example, I can see why running the SNs was appropriate - the weapons were the whole reason the cops were there. Not the case when you get pulled over for speeding. Courts have found that pulling someone over for speeding is probable cause for exactly nothing. |
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[/quote] Totally unrelated. Should the officer be able to check and see if he has any outstanding child support payments? [/quote] The officer does not have to. Outstanding child support info is tied to the drivers license in many states. In Texas you get arrested for it. As for running the SN on the weapon, that is good procedure. If he had been standing with a television set in his arms the officer would have run that SN as well. Just as he ran the car for stolen. That's how you find stolen stuff. BTW: it's not a search. |
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I have to side with the officer here; the search is seeing what is there; that was dealt with when he announced the weapon. It's merely SOP to run any tag, license, or serial when contacting cars or guns.
No biggie; it's the *looking for* guns that is the search. |
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It's definetly a search, that's not the issue. The question is if it was a reasonable search.
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Sir, it is none of your concern of why I carry a certain type of pistol. Here is my drivers licens and permit. Now issue me the speeding citation and I will be on my way.
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Let me say this before I speak on the topic.I guess our laws in Louisiana are a wee bit different than in other states.And as a cop,I see myself as one of the "good guys", not a JBT.I try to go out of my way to be civil to people, be within the boundaries of the law, and not expect different treatment simply because of my job.So, to disregard all of the stop and get to the issue of the gun:
I can see the officer calling the number in for no other reason than to check to see if it's stolen.The same way he may have ran your tags or checked to see if you were wanted locally.I don't do these things out of spite or any particular meanness(sp?), but rather than to do the things these checks are meant to do.It is absolutely UNBELIEVABLE the people who are wanted, or have stolen property.I wasn't there at the stop,so I dunno.I do routine checks like these to put my conscience at ease so when I let you drive off,I know that I haven't let someone go who has a stolen gun or stolen car,or a guy who is wanted for some felonious crime. As a policeman, if I stop someone for whatever the reason, and don't check to see if the gun he has is stolen and it is,it belongs to you ,and has some sentimental value to it(just being a gun and being mine makes it sentimental enough for me.I love my guns)wouldn't you be even more angry that we didn't recover your property when we had the chance rather than 5 years down the road after the number has been removed,been used in a robbery,stays in evidence for a number of years,and then is destroyed?I know about the feelings of some of the people in the ARF.com community towards the police and hope that you can see that I am not a JBT,nor will I come for your guns when ordered to(guess I'll do something else for a living or exercise discretion for that particular law and do nothing),but some of the civilians should look from the other side of the fence to understand what the good blue suits do.Alot of the problem is we don't know you and you don't know us,so how are we to know that you are Joe Blow coming from the range,or Jeffery Dahmer looking for his noon meal. It doesn't sound like this guy had this in mind,but if I ask 'why' about a certain caliber or model,I'm more intrigued on the reason they chose that caliber or model to have a good ole gun discussion rather than why the carry it in the manner they do.As far as 'cocked and locked' I agree with CAMPYBOB, if Browning didn't want it that way,he wouldn't have designed it that way. Sorry if I hi-jacked anything. Crimefighter |
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Quoted: After about a hundred rounds about ten squad cars and fifteen officers showed up. Felony stop style, they put us on the ground, cuffed us, frisked us and searched the vehicle (no they didn't ask). View Quote After reading the opinions of others here, I think I might add that I definitely felt "unreasonably searched" on that occasion, and over-questioned (before being read the Miranda). The thing that pissed me off the MOST about it: They Got No Respect For Fine Firearms! They just tossed them around, stacked them up on the hood, slid them across each-other (uncased).... Don't get me started. I heard later that it was one of the guys first time he "got" to pull his gun on duty... Sad LEO there. Looking forward to shooting somebody. And the calling in the SN business? That is camouflaged gun-registration in the works whether you admit it or not. Now they know who's house to knock on when they are banned, since they have a record of Vehicle, Address, ID, Firearm w/Serial. |
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Quoted: It's definetly a search, that's not the issue. The question is if it was a reasonable search. View Quote Maybe you didn't catch what I said before: Every law enforcement official is well w/ in his right to verify any information you present to be true. View Quote I whole heardetly agree w/ Ohio on this one. I have to side with the officer here; the search is seeing what is there; that was dealt with when he announced the weapon. It's merely SOP to run any tag, license, or serial when contacting cars or guns. No biggie; it's the *looking for* guns that is the search. View Quote He's not going through bank statements or anything like that, He's merely verifying that the gun being carried belongs to the carrier. |
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I love the way cops act like they are doing you a big favor by knocking your speed down a little. Like a big benevolent dicktator. It eases their conscience.
"Thank you Mr. Occifer, das mighty white of you" "Ii'ss a be real careful here on out" All speed limits should be at least 10 mph faster. It's taxation people. Pure and simple. |
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Quoted: I love the way cops act like they are doing you a big favor by knocking your speed down a little. Like a big benevolent dicktator. It eases their conscience. View Quote He knocked it down from 69 to 60 which meant it cost me 91 bucks instead of a couple hundred since it was more than 20 mph over posted limit. I doubt it eased his conscience but it certainly eased the pain in my wallet. Someone said something about I could have told him it wasn't his concern why I was carrying. I doubt if he would have dropped the listed speed if I would have said that. I have a heavy foot. Always have. I have gotten quite a few tickets over the years. I have found that if I keep my mouth shut, my hands in view and am polite, I am generally treated fairly by the cops. I have been let go with a verbal warning quite a few times. I got a following too closely ticket from a motorcycle cop last summer that was total bullshit but kept my mouth shut and the pistol in my holster was never even addressed on that occasion. He didn't ask me to get out of the car so I didn't say anything about packing. |
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Quoted: The thing that pissed me off the MOST about it: They Got No Respect For Fine Firearms! They just tossed them around, stacked them up on the hood, slid them across each-other (uncased).... View Quote One of my magazines disappeared in that encounter. Glad it wasn't one of the expensive high cap ones. However, I doubt it was stolen. More likely accidently dropped in the dark. There were plenty of other things more worthwhile to steal than a para doublestack mag. |
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"You have to tell us you are carrying a concealed weapon." View Quote If this isnt true for your state, why would you even bring it up? Are you normally frisked for a traffic stop? If he asked me to put my hands on the roof, or specificly asked me, I'd tell him, otherwise I'd keep quiet. I have sat in a couple of police cars with my pistol on and never said a word and never had any trouble. They dont ask here (so far) unless you give them a reason. If they dont ask, I dont offer. |
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I don't mind them running the numbers, just don't write them down where they may enter into any data base.
And never make fun of their "green ammo" or the fact their Glock is missing it's rear sight...they take it personal. A lot of LEO types are not "gun people", just a tool that goes with the job. Almost 70 in a 45 is an open invitation to be scrutinized, ya think? |
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Quoted: Almost 70 in a 45 is an open invitation to be scrutinized, ya think? View Quote yep. I never whined about it either. |
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Quoted: "You have to tell us you are carrying a concealed weapon." View Quote If this isnt true for your state, why would you even bring it up? If they dont ask, I dont offer. View Quote Although a LEO has told me I have to volunteer the info, from reading the state laws, I don't think I have to declare it. But cops don't like surprises so if I have to get out of my car, I'll tell them I am armed. |
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Quoted: Quoted: "You have to tell us you are carrying a concealed weapon." View Quote If this isnt true for your state, why would you even bring it up? If they dont ask, I dont offer. View Quote Although a LEO has told me I have to volunteer the info, from reading the state laws, I don't think I have to declare it. But cops don't like surprises so if I have to get out of my car, I'll tell them I am armed. View Quote |
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Quoted: I love the way cops act like they are doing you a big favor by knocking your speed down a little. Like a big benevolent dicktator. It eases their conscience. "Thank you Mr. Occifer, das mighty white of you" "Ii'ss a be real careful here on out" All speed limits should be at least 10 mph faster. It's taxation people. Pure and simple. View Quote Speed limit here is 75mph on Interstate, 65mph on other roads.... 80 is the norm. I think we got it easy. It is just the stupid spots where they drop the limit from 65 to 35 in 1/4 mile. Hence Meltdown's ticket. |
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