portage traffic stop, second attempt to post

[ATM]

So, this raises a question which I'm sure has been answered here before so please excuse me for asking. But if an officer does stop me for a traffic stop and in the process inquires about weapons, and I would rather not inform him, then what is the standard response? Say nothing? Say "I prefer not to answer"?

Silence or respond with a question of your own: "Why am I being detained, officer?"

 

[looney2ns]

So, this raises a question which I'm sure has been answered here before so please excuse me for asking. But if an officer does stop me for a traffic stop and in the process inquires about weapons, and I would rather not inform him, then what is the standard response? Say nothing? Say "I prefer not to answer"?

I have nothing illegal in the car officer.

 

[looney2ns]

the first time i posted this it took 20 minutes because i went so in depth and when i clicked post it said i had to log in becasue i was logged out and then it didnt post my post so im pretty ticked about that but im going to post it again but muuuch less and probaly missing alot more info.

i was stopped on 7/24/2012 for a seat belt, i told the officer i had my fnx .40 on my side he seemed to freak out called for back up had 3 squad cars behind me and he repeatedly asked me for my gun telling me he was going to call the prosecutor and get the prosecutor to back him up. i told him abouty TERRY V. Ohio and he said the it didnt matter due to officer safety i knew he was lieng but gave him my firearm because he was verrrry angry and was worried of an "AD" on his part.

he took my weapon called up 2 other squad cars and ran my license as well as my wifes he saw in my wallet (who doesnt have my same last name) he asked me why she had a different last name and i asked if that was a crime and if not it isnt his business.

in my rear view mirror i saw him flipping through a book i can assume is a law book and came back asked me to come to the back of the car to talk to him but made sure to tell me i didnt have to, i obliged because i wanted to get a chance to say what i had to say.

he told me about how he does this for officer safety and tells me about how many cops are killed during traffic stops, i tell him no offense i dont care about officer safety i just want to get home in a timely matter considering im legal have my LTCH am not a felon and am only being stopped for a traffic stop not related to my firearm. (oh by the way the way when he origanally pulled the officer safety thing when i was in the car i said i think it would be safer if we both left our weapons holstered but he didnt like that at all)

we then get to talking about OCing because i mention how his force constantly harrasses me for OCing and he says its legal but isnt smart then goes to tell me about how id be the first one shot in a bank robbery. i then tell him i OC for comfort educating sheep and numerous other reasons. he got pissed off because i was making sense tells me hes done with the convo and askes the other LEO if he has anythign to say and he says that if im going to OC i need to be aware of my surroundings, i then interrupted him and said since im in teh army and one of the first things they teach us in the army is situational awareness i think ill be ok. he said alright just be careful and sent me on my way. the end. so much more but im done typing.

If you know it's going to be a long post. Type it up in notepad or some such first. Click SAVE once in a while so you don't loose it all if something happens. Then copy and paste it here when you are finished.

 

[ATM]

If you know it's going to be a long post. Type it up in notepad or some such first. Click SAVE once in a while so you don't loose it all if something happens. Then copy and paste it here when you are finished.

Or just check the Remember Me? box when you log in so it won't log you off after a period of forum inactivity.

 

[Mark 1911]

Silence or respond with a question of your own: "Why am I being detained, officer?"

Last November I was stopped roughly 3am on my way to Winamac State Fish and Game area. I was on my way to get in line for the check in for opening day of firearms season (deer). I had just turned off of Highway 421 onto county road 550 north. There was nobody behind me, pitch black in the mirrors. I was driving exactly 55, I remember that because there was a car in front of me doing 55, and I didn't want to pass him and then make a left turn in front of him when I reached my turn onto 550 north. If you're not famliar with the area, its the less travelled road, very sparse traffic. I had gone about 2 miles from 421, now heading east on 500 north, when at least 1/2 mile behind me I see headlights approaching at a high rate of speed. My first impression was that it must be a drunk coming home from some late Friday night drinking, which raised my concern. I sped up slightly, to about 64 or 65, to try to maintain some distance, but that wasn't working. Eventually the car flew up on my rear end and then tailed me. I wasn't sure at that point if it was a cop or a real bad situation starting to unfold. Other than speeding up for a moment, I had done nothing wrong. The reds and blues came on, and I stopped, I had no clue as to what I was being pulled over for in the middle of the night in the middle of nowhere. The officer asked me if I was in a hurry, I told him I was driving 55 until I saw him come up on my tail at a high rate of speed. Then he said, "oh I can understand that, I would have done the same thing". He just asked me what I was doing, and I told him I was on may way to Winamac to check in for opening day - so it was obvious there was at least one gun in the car, but he never asked about weapons. In fact he never told me why he pulled me over, just told me to have a nice day and good luck hunting. I wish I had asked him why he pulled me over, but my adrenalin was still pumping from the way he approached me, I just simply didn't think to ask. To this day I have no idea what the heck that was all about. Only thing I can think of is that he was parked off in a farmer's field and was going to stop anyone who drove down that road, either looking for drunks or drugs, but honestly, I don't have the faintest idea.

 

[Bill B]

@OP: If you don't file a complaint, the heckler's veto wins again.
@Mark1911: Maybe the guy in front of you called the cops: "some drunk is following me, oh wait, he turned onto 550"

 

[Compatriot G]

Many years ago, I quit carrying my wallet on the same side as my firearm. Just like I don't have my LTCH right under my Driver's License. Little things like this can keep a simple traffic stop, simple.

 

[KLB]

Many years ago, I quit carrying my wallet on the same side as my firearm. Just like I don't have my LTCH right under my Driver's License. Little things like this can keep a simple traffic stop, simple.

Funny. I just changed my wallet to the opposite side to get it away from my gun. Originally it was because I was using a paddle holster and it was hard to get to. Then I realized what you said, that it would be easier to get it out without being in proximity to the gun if I needed to get it out for an officer.

 

[dansgotguns]

Still tons of great advice and feedback I'm loving it

 

[stephen87]

First off, punctuation is your friend.

Next, I really hope you consider pursuing that with his higher ups.

 

[IN_Sheepdog]

INteresting... I OC regularly in Valpo and have not had a LEO run in yet... Guess it is something to NOT Look forward to...

 

[blamecharles]

but honestly, I don't have the faintest idea.

Was it this guy?

 

[Mark 1911]

Nope, he was much younger, clean shaven short hair. He was a Pulaksi County Sheriff's Deputy in an unmarked SUV, maybe Ford Explorer, but not sure.

 

[dansgotguns]

First off, punctuation is your friend.

Next, I really hope you consider pursuing that with his higher ups.

Punctuation is not my friend, after dating punctuations sister punctuation refuses to speak to me. But on a serious note do you agree with me about what i said regarding Washington v state? A week ago you posted this >>>>

It would moat likely not go that way at all. Washington vs. State of Indiana says that once a LTCH is produced all inquiries to the handgun must stop. Richardson vs. State of Indiana says that a bulge cannot be reasonable cause to search a person for weapons. Indiana Code says that carrying a handgun is illegal unless exempted by way of LTCH. You can protest all you want, but fact of the matter is that visibly seeing a handgun is reasonable cause, but once you produce your LTCH the investigation is over. If they start harassing you about "Indiana is a concealed state," or anything of the sorts, ask for a name, badge number, and if you wish a supervisor to sort the mess out. Eighty percent of police out there are good people and just may not be aware of the law and, as such, should be educated appropriately. Remember, everyone here is an ambassador for gun owners everywhere. If you give incorrect info or become irrate or belligerent, some officers will start to believe all gun owners are that way. Just remember, keep your cool, know your stuff, and educate properly.

 

[rw496]

but rest assured, im quite positive they told all their fellow LEOs about this and now they know im serious, and wont be handing over my weapon again no matter what.

That could end badly for you.

 

[Plisken]

Did you tell him you had a permit first. Or did you tell him you had a gun on you first. Maybe that freaked him out.

 

[ATM]

That could end badly for you.

No, it would end badly for any officer that tried to force me to draw my sidearm for him. He would not be successful and would have some serious 'splainin' to do after the fact.

I don't care how many times he asks, commands, threatens or tases me, I simply won't touch it - he'll have to remove it from my holster if he wants it that badly.

 

[dansgotguns]

^^agreed^^

 

[rw496]

I think both cases could be applicable, but probably more so Richardson because the initial stop was for a seatbelt. In that circumstance, the police are very limited in what they can ask you. You did volunteer that you had a weapon, but I don't think he had a reason to suspect you of a crime or think you were dangerous. (We haven't heard his side yet though) Police can order you to exit your vehicle. Police cannot force your wife to give her identification..normally.
To expand upon my last post, I think most people on both side of this issue will agree that it's not good to resist. If the officer wants to engage you in an argument or legal debate for some reason that's one thing, but to say you will not be handing over your weapon again no matter what is quite another. There is legal recourse that is less detrimental to you than physically resisting 4 officers who are also armed.

 

[dansgotguns]

Did you tell him you had a permit first. Or did you tell him you had a gun on you first. Maybe that freaked him out.

It was all one sentence