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6/1/2007 1:42:23 AM EDT
So, I'm stopped tonight by the police. Just some silly circumstances - "We've had a lot of break-ins around here so we thought we'd bother you for an hour, due to the fact that you're sitting in a parked car eating Arby's at 3 AM and that's incredibly suspicious."

I didn't break any laws, and I'm being polite and cooperative.


"Do you have any guns or drugs in the car, sir?"

"Um, let me think about that. Drugs, no. Guns? I think my rifle is in my trunk."

"Could you step over here, sir?"


So, the one cop tells his partner, and the partner says:


"Do you have a permit for that?"

"Uhhh, what?"

"Uhhh, yeah. Concealed weapons permit!"

"It's in my trunk and unloaded. That's not concealed."

"Ohhh, yeah."


Hey, I know the law. I could have a loaded handgun in my glove compartment and that isn't concealed by Florida law, either.

So they pull my WASR10 out, run the serial number, ask me some questions about model and caliber, etc.

Then another cop pulls up, gets out, and starts talking to me:


"So why've you got that in your car?"

"Well, I took it over to my father's house today to do some work on it."

"Some work on it?

"Yeah."

"Like, what?"

"Polishing the bolt carrier."

"Why?"

"...why?"

"Yeah. Why would you do that?"

"...to make it shinier, to make it look cooler. It's a cosmetic thing."

"Oh. Okay. What kind of shooting do you do?"

"Target shooting. I go down to the uh, Cecil Webb range."

"Well let me tell you something, son...I've been shot at by a lot of those SKS rifles..."

"...it's actually an AKM clone."

"SKS, AKM, it's all the same thing. They're all aftermarket. Most people shoot with target rifles. What you've got there is a bit different."

"Um, I guess so."


Anyway, they let me go a little bit after that.

Sheesh.
6/1/2007 4:12:04 AM EDT
[#1]
Always be polite and corporative but not too cooperative.  See they have no right to bother you beyond a certain point unless they have your permission that’s why they say “Could you step over here, sir?" there asking not ordering you, There is a difference.  

I think were turning in to a police state.  The last time I was pulled over the cop took my license and registration went back to her vehicle to do what ever they do, then another cop in a different vehicle made me get out of my Jeep then held my thumbs together behind my back and searched me with out permission saying  it was for his own safety.  Doesn’t the fourth amendment protect me from this?
Then he gave me a speech on how cops are not trying to be a pricks there just doing there job of protect and serve. Yeah right protect them selves and serve the state
6/1/2007 5:50:46 AM EDT
[#2]

"Oh. Okay. What kind of shooting do you do?"


"suppressive fire..."
6/1/2007 7:15:24 AM EDT
[#3]
"suppressive fire..."



6/1/2007 7:44:51 AM EDT
[#4]
Why did you let them open the trunk without a warrant?  You are not compelled to tell them that there is a gun in the trunk, much less let him look.  Where I live you are only compelled to reveal that you are carrying concealed, and only then if you have a permit.

Officer: Hey, what are you doing here?

You: Eating my tasty sammich.

Officer: Do you have any guns or drugs in the car?

You: No sir, there are no drugs or illegal firearms in the car.  

Officer: Step out of the car.

You: Yes sir.

Officer: Do you mind if I look in the trunk.

You: No sir you may not.  

Officer: Why not.

You: Because I want to finish my sammich and go home.  If you feel the need to open the trunk, please obtain a warrant.  I am a law abiding citizen and have committed no crime.

At that point the Officer has a decision to make.  He can wake up a judge or let you on your way.  Or he can give you some stick time. He might knock your teeth in for saying "sammich".
6/1/2007 7:48:14 AM EDT
[#5]
Let me get this straight, now. When they ask you if you have any drugs or weapons in the car and you DO have a rifle in the trunk, what do you say?

If you say you do, like in this case, does it give them probably cause to search your car/detain you?

If you say you don't, but they end up finding it anyway somehow, do you get in MORE trouble for lying?
6/1/2007 8:01:39 AM EDT
[#6]

Quoted:
Why did you let them open the trunk without a warrant?  You are not compelled to tell them that there is a gun in the trunk, much less let him look.


Because I had nothing to hide, and it was no skin off of my nose except a few more minutes of my time and theirs being wasted.

If anything, it let them know what a law-abiding citizen and responsible gun owner looks like up close. As I understand it, police in general have trouble with recognizing both of those. (Not a jab at LEO's; I'm just saying that many of them are clearly not doing their homework)


Quoted:
Let me get this straight, now. When they ask you if you have any drugs or weapons in the car and you DO have a rifle in the trunk, what do you say?

If you say you do, like in this case, does it give them probably cause to search your car/detain you?

If you say you don't, but they end up finding it anyway somehow, do you get in MORE trouble for lying?


I have no idea.

I would assume that you can't "get in more trouble" if you weren't breaking the law in the first place. If you say "I don't have a gun in my car", and then they find a legally-owned firearm in a lawful position within the vehicle, what exactly could they charge you with?
6/1/2007 8:07:13 AM EDT
[#7]

Quoted:
... No sir, there are no drugs or illegal firearms in the car.  ...


This is what you tell them if asked if you have any firearms. As long as your weapon is not illegal, you are telling the truth.
6/1/2007 8:14:38 AM EDT
[#8]
Cop pulled me over once and accused me of being stoned. He said "son, your eyes look a little red. Have you been smoking dope?" I replied back, "your eyes look a little glazed, you been eating donuts?"

Ok that never really happened but is somewhat humorous.
6/1/2007 8:25:04 AM EDT
[#9]

Quoted:
Cop pulled me over once and accused me of being stoned. He said "son, your eyes look a little red. Have you been smoking dope?" I replied back, "your eyes look a little glazed, you been eating donuts?"

Ok that never really happened but is somewhat humorous.


i got pulled over, and i did my damnedest to piss the cop off... i knew i didnt do anything, and he was only harrassing me. i offered him a gummy bear(we had a bag we were eating) then i offered him a dinner at waffle house for his "outstanding service from keeping a criminal like myself off the street" then i called him an asshole and told him to just hurry up and right me a ticket, so i could have him fired on monday.

he gave me a stupid little warning card. this was a long time ago, i was 18 i think. i was really surprised he didnt try to beat me or anything.
6/1/2007 8:41:54 AM EDT
[#10]
Meow, I'm gonna have to give you a ticket on this one.
6/1/2007 8:47:42 AM EDT
[#11]

Quoted:
Meow, I'm gonna have to give you a ticket on this one.


License and registration, meow?
6/1/2007 9:12:30 AM EDT
[#12]

Quoted:

Quoted:
Why did you let them open the trunk without a warrant?  You are not compelled to tell them that there is a gun in the trunk, much less let him look.


Because I had nothing to hide, and it was no skin off of my nose except a few more minutes of my time and theirs being wasted.



But it was skin off your nose.  What happened next bugged you enough to post about it on a message board.  

This is the way I see it:

I'm always nice, I respect LEOs and the job they do.  But personally, I will be damned if I am going to take any shit off one either.  They should be out fighting crime instead of poking around in my trunk.  

As law abiding citizens and gun owners, we should never allow ourselves to be pushed around more than absolutely necessary by people in positions of "authority".  If we do, who is to say they will stop with poking around in your trunk?  As soon as that becomes the norm, we could start having warrantless full body cavity searches at all traffic stops.

And lord knows I don't want them to find the WASR I keep there.
6/1/2007 9:19:41 AM EDT
[#13]

Quoted:
But it was skin off your nose.  What happened next bugged you enough to post about it on a message board.


Eh, well, I don't see that as a product of being bothered. I'm just sharing an adventure in law enforcement.

If anything, it was an experience in how to deal with that kind of situation.



Quoted:
And lord knows I don't want them to find the WASR I keep there.


6/1/2007 9:47:58 AM EDT
[#14]
Certain activities will get you harassed by "the man".  I've had some good and bad experiences with this.  If anyone has a dirtbike, you know you're going to get harassed and intimidated.  Actually, of the many many times I could have been in trouble, only one cop turned out to be an asshole, the others were pretty decent.  Here's a quick rundown since we're in a story sharing mood.  This all relates to riding a dirtbike-style bike on the street and dirt (one tagged legally, the other not tagged)

1. Getting ready to unload in illegal area - cop pulls up.  "Hey, you guys know any cool places to ride around here?  My kid just got a bike".

2. Legal road riding turning into an offroad area.  Cop drives past, swings around, and pulls up behind me with the lights on.  I play stupid, she wants to know where I'm going.  Then we talk about bikes for about 10 minutes.

3. Caught on the road with the bike NOT running with an untagged bike.  Cop throws a fit, makes me push it up the hill, go to my parent's house and lectures them about how they're responsible.  Funny thing is I was like 22 and we weren't really cooperating (besides getting my license for him).  He tries and fails to prove a point about someone suing my parents for hitting me on a bike.  The bike wasn't running, so he had nothing on me.

4. Riding a race dirtbike on a street.  Cop is parked doing something at a friend's house.  I ride up, turn it off, and lean it on a stop sign.  I walk over like nothing happened and the cop doesn't say a word about the bike.


I think the same thing is said of guns and cops.  You get some assholes and some decent people.  The same thing is also true of everything else you can imagine.
6/1/2007 10:26:43 AM EDT
[#15]

Quoted:
So, I'm stopped tonight by the police. Just some silly circumstances - "We've had a lot of break-ins around here so we thought we'd bother you for an hour, due to the fact that you're sitting in a parked car eating Arby's at 3 AM and that's incredibly suspicious."

I didn't break any laws, and I'm being polite and cooperative.


"Do you have any guns or drugs in the car, sir?"

"Um, let me think about that. Drugs, no. Guns? I think my rifle is in my trunk."

"Could you step over here, sir?"


So, the one cop tells his partner, and the partner says:


"Do you have a permit for that?"

"Uhhh, what?"

"Uhhh, yeah. Concealed weapons permit!"

"It's in my trunk and unloaded. That's not concealed."

"Ohhh, yeah."


Hey, I know the law. I could have a loaded handgun in my glove compartment and that isn't concealed by Florida law, either.

So they pull my WASR10 out, run the serial number, ask me some questions about model and caliber, etc.

Then another cop pulls up, gets out, and starts talking to me:


"So why've you got that in your car?"

"Well, I took it over to my father's house today to do some work on it."

"Some work on it?

"Yeah."

"Like, what?"

"Polishing the bolt carrier."

"Why?"

"...why?"

"Yeah. Why would you do that?"

"...to make it shinier, to make it look cooler. It's a cosmetic thing."

"Oh. Okay. What kind of shooting do you do?"

"Target shooting. I go down to the uh, Cecil Webb range."

"Well let me tell you something, son...I've been shot at by a lot of those SKS rifles..."

"...it's actually an AKM clone."

"SKS, AKM, it's all the same thing. They're all aftermarket. Most people shoot with target rifles. What you've got there is a bit different."

"Um, I guess so."


Anyway, they let me go a little bit after that.

Sheesh.



Magic, where were you stopped? Who stopped you, LCSO, FMPD? Let me know. It would seem that I need to either teach a few fellow LEOs weapon I.D. and firearms laws.
I hope they were professional with you and explained why they stopped out with you. I hope they were polite and treated you (and your WASR) with respect.

If you can, give me the location where they checked out with you. That will tell me if the area has seen increased criminal activity. There have been a few hot spots in the Ft. Myers area so I'm sure if that be the case, they were ordered to check out with any and all persons in the area after say 12:00am.

6/1/2007 12:14:54 PM EDT
[#16]
Next time ask him if he's a Public Servant , then tell him to go get you a Pepsi
6/1/2007 12:50:45 PM EDT
[#17]
How many times do I have to post here that if a firearm is in your trunk don't tell the police, don't open the trunk, don't let them touch your firearm as they have no business searching that area of your vehicle and you don't have to tell them what is in a locked trunk.  Why are you complying with a request to look in a portion of your vehicle that is locked and not within reach or open view?  

Don't speed when carrying firearms in your vehicle as can be seen in a number of recent posts here.  Link



Traffic Stop Scenario


In any given traffic stop, with a few notable exceptions, the below rules will help protect your civil rights and improve your chances of driving away safely—so you don't have to be a legal expert to say and do the right thing.

1) Keep Your Private Items Out of View
This is common sense: Always keep any private items that you don't want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.

2) Be Courteous & Non-Confrontational
If you are pulled over, the first thing you should to do is turn your car off, turn the dome light on (if it's nighttime), roll down the window, and keep your hands on the steering wheel. Don't immediately reach into your glove compartment for your license and registration. Officers want to be able to see your hands for their own safety. Wait until the officer asks to see your paperwork before retrieving your documents.

The first thing you should say to the officer is, "Hello officer. Can you tell me why I am being pulled over?" The officer may give you a hard time or say, "Why do you think I pulled you over?" Tell the officer you don't know. Most importantly, do not apologize after you get stopped, because that can be considered an admission of guilt and could be used against you later in court.

Show your identification if it's requested. Be respectful and non-confrontational. Refer to the police as "Sir," "Ma'am," or "Officer." Remain calm and quiet while the officer is reviewing your documents. If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.

3) Just Say "No" to Warrantless Searches
Warning: If a police officer asks your permission to search, you are under no obligation to consent. The only reason he's asking you is because he doesn't have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have—your Fourth Amendment protection against unreasonable searches and seizures.

A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search can be used to convict the person.

Don't expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police officers are trained to use their authority to get people to consent to a search, and most people are predisposed to comply with any request a police officer makes. For example, the average motorist stopped by a police officer who asks them, "Would you mind if I search your vehicle, please?" will probably consent to the officer's search without realizing that they have every right to deny the officer's request.

If, for any reason you don't want the officer digging through your belongings, you should refuse to consent by saying something like, "Officer, I know you want to do your job, but I do not consent to any searches of my private property." If the officer still proceeds to search you and finds illegal contraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.

You should never hesitate to assert your constitutional rights. Just say "no!"

4) Determine if You Can Leave
You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protects you against self-incrimination. If you cannot tell if you are allowed to leave, say to the officer, "I have to be on my way. Am I free to go?"

If the officer says "Yes," tell him to have a nice day, and leave immediately. If the officer's answer is ambiguous, or if he asks you another unrelated question, persist by asking "am I being detained, or can I go now?" If the officer says "No," you are being detained, and you may be placed under arrest. If this is the case, reassert your rights as outlined above, and follow Rules #5 and #6.

5) Do Not Answer Questions without Your Attorney Present
There is no reason to worry that your failure to answer the officer's questions will later be used against you. The truth is just the opposite: Anything you say can, and probably will, be used against you.

In just about any case imaginable, a person is best off not answering any questions about his involvement in anything illegal. Assert your Fifth and Sixth Amendment rights by saying these exact words: "Officer, I have nothing to say until I speak with a lawyer."

*Remember- If you do choose to answer any of the officer's questions, always be honest. Police are not easily tricked and will often become hostile if they feel disrespected. If you feel it is best not to answer truthfully, then don't say anything at all.

6) Do Not Physically Resist
If the police proceed to detain, search, or arrest you despite your wishes—do not physically resist. You may state clearly but non-confrontationally: "Officer, I am not resisting arrest and I do not consent to any searches." Or you may assert your rights by simply saying nothing until you can speak with an attorney.

6/1/2007 7:53:26 PM EDT
[#18]

Quoted:
Magic, where were you stopped? Who stopped you, LCSO, FMPD? Let me know. It would seem that I need to either teach a few fellow LEOs weapon I.D. and firearms laws.
I hope they were professional with you and explained why they stopped out with you. I hope they were polite and treated you (and your WASR) with respect.

If you can, give me the location where they checked out with you. That will tell me if the area has seen increased criminal activity. There have been a few hot spots in the Ft. Myers area so I'm sure if that be the case, they were ordered to check out with any and all persons in the area after say 12:00am.


This was actually in Punta Gorda; I was visiting a friend.

They were fairly professional, but some of them were clearly a little confused about what was proper procedure.
6/2/2007 12:18:04 AM EDT
[#19]

"Well let me tell you something, son...I've been shot at by a lot of those SKS rifles..."




Lying fuck.
6/2/2007 5:27:12 AM EDT
[#20]

Quoted:

Quoted:
Meow, I'm gonna have to give you a ticket on this one.


License and registration, meow?


heh, are you saying meow?

am i sayin' meow?

do i look like a cat to ya boy?

jumpin all nimbly bimbly from tree to tree?

do you see me drinkin milk from a saucer?

well do you see me eating mice?!

now you stop laughin there mr larry johnson. im gon have to give you a ticket on this one, no buts.


MEOW.
6/2/2007 7:08:08 AM EDT
[#21]

Quoted:

"Well let me tell you something, son...I've been shot at by a lot of those SKS rifles..."




Lying fuck.


Exactly.

Honestly, how many cops have been shot at once? Let alone "alot"?

For the OP, I would tell them that I don't have any firearms in the vehicle.

They wanted to mess with you and the firearm you told them about was the reason.

If he seaches and finds it, I'd be like "oh, dang, I forgot I had that in there!"

It's legal so I don't see where the problem would be.



6/2/2007 8:19:39 AM EDT
[#22]

Quoted:

Quoted:

"Well let me tell you something, son...I've been shot at by a lot of those SKS rifles..."




Lying fuck.


Exactly.

Honestly, how many cops have been shot at once? Let alone "alot"?


He said something about his 'Agent Orange acting up', too.
6/2/2007 8:58:29 AM EDT
[#23]

Quoted:

Quoted:

"Well let me tell you something, son...I've been shot at by a lot of those SKS rifles..."


Lying fuck.


Exactly.

Honestly, how many cops have been shot at once? Let alone "alot"?



Depends on where you work, and your definition of 'alot'. In my Dept. it's not uncommon for an officer to get shot at. If you're a worker, or assigned to specialized units, that risk increases a lot.

Whether you want to believe it or not, SKSs are a common weapon of the shitbags I deal with. I can think of several officers in my Dept. that were shot at (luckily only a few have been hit) with SKS or AK clones over the last few years.

That being said, I support the 2nd, especially the civilian ownship of military style weapons.  

Back to the original post: I wish my Arby's was open until 3AM...
6/2/2007 1:28:59 PM EDT
[#24]

Quoted:

Quoted:

Quoted:

"Well let me tell you something, son...I've been shot at by a lot of those SKS rifles..."


Lying fuck.


Exactly.

Honestly, how many cops have been shot at once? Let alone "alot"?



Depends on where you work, and your definition of 'alot'. In my Dept. it's not uncommon for an officer to get shot at. If you're a worker, or assigned to specialized units, that risk increases a lot.

Whether you want to believe it or not, SKSs are a common weapon of the shitbags I deal with. I can think of several officers in my Dept. that were shot (luckily only a few have been hit) with SKS or AK clones over the last few years.

That being said, I support the 2nd, especially the civilian ownship of military style weapons.  

Back to the original post: I wish my Arby's was open until 3AM...


We had a incident here where a gang-banger did a drive-by with a SKS that he bought at a pawn shop.  When the news picked up the story, they used "creative reporting" to turn that SKS into a full-auto AK that could be purchased at any store in SC for $150.

I posted about it here.

AK, Shoots nine rounds at a time for sale in every gun shop in SC for $130
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