Traffic stop, officer confiscated my firearms.

[2A_Tom]

Usually when I do stupid things I don't psot them on forum boards and try to get others to agree that cops are stupid.

Stupid cop had no reason to pull me over.
Stupid cop had no reason to take my gun away.
Should I sue the stupid cop?
What would I have done if a pink elephant had attacked me.
I could have been trampled to death and had no way to protect myself
Stupid cop hic!

 

[1032JBT]

Exactly what should happen and hopefully nothing would come of the juvy court...It's not easy for a 15 year old to tell his Dad to take a hike.

I'm glad my Dad never put me in that position.

And there is the MAJOR issue with this whole thread.............the OP DID put his son in that position and now want's to ***** about the outcome.





ALL ABOARD THE FAIL BOAT

 

[Hayseed_40]

ALL ABOARD THE FAIL BOAT

That pretty much sums it up...

 

[serpicostraight]

That pretty much sums it up...

so this man is guilty before he gets his day in court? is that the same opinion you have for bissard? is he guilty now or does he get a trial first?

 

[Hayseed_40]

so this man is guilty before he gets his day in court? is that the same opinion you have for bissard? is he guilty now or does he get a trial first?

Are you for real? Have you been paying attention to this thread?

I have not followed the Bissard case. If he did owi and killed that man, I hope he gets a long stay in DOC. Police are not above the law - and yes, I have put my money where my mouth is on that one. I have arrested officers before - and for OWI.

 

[public servant]

so this man is guilty before he gets his day in court? is that the same opinion you have for bissard? is he guilty now or does he get a trial first?

Hypocrisy at it's finest. You've openly expressed your opinion of Bisard's guilt many times...but raise hell when you think someone else does the same?

 

[public servant]

OP...any updates? Have you been to court yet?

 

[lrahm]

OP...any updates? Have you been to court yet?

I am kind of wondering that too.

 

[TTravis]

Thanks guys for asking, but I can't talk about it..... I wish I could but I need to follow the advice I am paying for. I will be sure to let you all know everything as soon as this is all over. Don't hold your breath because this is being drawn out and it will be a while.

 

[hoosierdoc]

so this man is guilty before he gets his day in court? is that the same opinion you have for bissard? is he guilty now or does he get a trial first?

Uhm, he admitted he did it. Whether a court finds him guilty or not does not change the fact of him failing.

 

[Birds Away]

It's too bad that you have to be screened to buy, and need a license to carry, a gun but any ignorant jackwad can father a child. My only sympathy in this situation is for the son.

 

[TTravis]

It's too bad that you have to be screened to buy, and need a license to carry, a gun but any ignorant jackwad can father a child. My only sympathy in this situation is for the son.

My son is doing just fine and does not need your sympathy. The same goes for the rest of my kids who made it to adulthood without any problems at all. I suppose you would say that is because they have a great mother.

 

[lrahm]

This is getting interesting.

 

[Birds Away]

No, it's just getting more and more regrettable.

 

[thebishopp]

Although I am coming in on this pretty late and only read to page 20 then jumped to "last" (just got back from my wonderful vacation in Kauai - yes be jealous), what I gather is this:

Man went fishing with his 15 year old son. Man had a couple beers. Man let son drive (not sure if was just the last few miles or from the fishing site itself - either way irrelevant). Cop pulls Man over for having taillights out on trailer. Son is driving and doesn't have a license because he is a few months shy of his .5 requirement for getting his permit. Cop probably wants to know why Son is driving. Man is giving PBT and blows .07. Cop handcuffs Man, searches vehicle, confiscates guns. Sometime during all of this Cop calls Man bad father and gives him a general haragueing.

Points:

Cop can't arrest Man for DUI because he wasn't driving.
Might be able to arrest for PI but decides not to for some reason (not going to argue about if the charge would or would not have stuck in this situation).
Cop confiscates weapons.
Cop didn't really "give him a break" since he was cited for letting the unlicensed driver drive.

Personal opinions:

Cop had no legal justification, IMO, to confiscate weapons.

Letting your 15 year old drive on a country road does not make you a "bad father". Jesus Christ people, maybe some of you have forgotten your days when you were learning how to drive. I remember being taken out on some back roads and parking lots and taught how to drive and my father was a cop. I hardly think this qualifies the OP as a "bad father". Ridiculous.

Of course if the reason the OPs son was driving was because the OP had been drinking then I would say that is a definite error in judgement on the OPs part. I still can't say that error in judgement makes him a terrible father.

The fact is that, unless I missed something, the OP's guns should not have been confiscated.

 

[Fargo]

Although I am coming in on this pretty late and only read to page 20 then jumped to "last" (just got back from my wonderful vacation in Kauai - yes be jealous), what I gather is this:

Man went fishing with his 15 year old son. Man had a couple beers. Man let son drive (not sure if was just the last few miles or from the fishing site itself - either way irrelevant). Cop pulls Man over for having taillights out on trailer. Son is driving and doesn't have a license because he is a few months shy of his .5 requirement for getting his permit. Cop probably wants to know why Son is driving. Man is giving PBT and blows .07. Cop handcuffs Man, searches vehicle, confiscates guns. Sometime during all of this Cop calls Man bad father and gives him a general haragueing.

Points:

Cop can't arrest Man for DUI because he wasn't driving.
Might be able to arrest for PI but decides not to for some reason (not going to argue about if the charge would or would not have stuck in this situation).
Cop confiscates weapons.
Cop didn't really "give him a break" since he was cited for letting the unlicensed driver drive.

Personal opinions:

Cop had no legal justification, IMO, to confiscate weapons.

Letting your 15 year old drive on a country road does not make you a "bad father". Jesus Christ people, maybe some of you have forgotten your days when you were learning how to drive. I remember being taken out on some back roads and parking lots and taught how to drive and my father was a cop. I hardly think this qualifies the OP as a "bad father". Ridiculous.

Of course if the reason the OPs son was driving was because the OP had been drinking then I would say that is a definite error in judgement on the OPs part. I still can't say that error in judgement makes him a terrible father.

The fact is that, unless I missed something, the OP's guns should not have been confiscated.

I believe the father was actually arrested forfelony Neglect of a Dependant and PI although it is not certain that he was actually arrested. If he was arrested, then it is unsurprising that the guns were confiscated.

What is certain is that the police submitted those charges to the prosecutor's office but it appears that at present they declined to file them.

Rather than count himself blessed in avoiding criminal charges, father appears to want to do everything he can to revive them.

Joe

 

[lrahm]

Although I am coming in on this pretty late and only read to page 20 then jumped to "last" (just got back from my wonderful vacation in Kauai - yes be jealous), what I gather is this:

Man went fishing with his 15 year old son. Man had a couple beers. Man let son drive (not sure if was just the last few miles or from the fishing site itself - either way irrelevant). Cop pulls Man over for having taillights out on trailer. Son is driving and doesn't have a license because he is a few months shy of his .5 requirement for getting his permit. Cop probably wants to know why Son is driving. Man is giving PBT and blows .07. Cop handcuffs Man, searches vehicle, confiscates guns. Sometime during all of this Cop calls Man bad father and gives him a general haragueing.

Points:

Cop can't arrest Man for DUI because he wasn't driving.
Might be able to arrest for PI but decides not to for some reason (not going to argue about if the charge would or would not have stuck in this situation).
Cop confiscates weapons.
Cop didn't really "give him a break" since he was cited for letting the unlicensed driver drive.

Personal opinions:

Cop had no legal justification, IMO, to confiscate weapons.

Letting your 15 year old drive on a country road does not make you a "bad father". Jesus Christ people, maybe some of you have forgotten your days when you were learning how to drive. I remember being taken out on some back roads and parking lots and taught how to drive and my father was a cop. I hardly think this qualifies the OP as a "bad father". Ridiculous.

Of course if the reason the OPs son was driving was because the OP had been drinking then I would say that is a definite error in judgement on the OPs part. I still can't say that error in judgement makes him a terrible father.

The fact is that, unless I missed something, the OP's guns should not have been confiscated.

After reading some of of the posts that ttravis related to us I might have taken them away until he sobered up. Different levels of intoxication effect people in different ways. Mind you, we were not there to witness anything. If I felt he could have been danger to me as an the officer there, yes they would be held. We can do a 72 hour hold in certain circumstances on weapons. Right or wrong the child had no business driving since he was underage and since he was pulling a trailer. Never did say he was a terrible father but all of this could have been avoided had he had someone to come pick him up since he knew he was going to be drinking.

 

[thebishopp]

I believe the father was actually arrested forfelony Neglect of a Dependant and PI although it is not certain that he was actually arrested. If he was arrested, then it is unsurprising that the guns were confiscated.

What is certain is that the police submitted those charges to the prosecutor's office but it appears that at present they declined to file them.

Rather than count himself blessed in avoiding criminal charges, father appears to want to do everything he can to revive them.

Joe

I see. I went and read some more and found the page where it says the officer requested the charges in the original report but the prosecution apparently declined and went with the traffic violation (which IMO was the right charge if any at all). That is of course a completely different topic then what this thread originally started out about (which imo was the confiscation of his firearms).

I think the original point of the OP is that his guns shouldn't have been confiscated and if so, I would agree with that.

 

[thebishopp]

After reading some of of the posts that ttravis related to us I might have taken them away until he sobered up. Different levels of intoxication effect people in different ways. Mind you, we were not there to witness anything. If I felt he could have been danger to me as an the officer there, yes they would be held. We can do a 72 hour hold in certain circumstances on weapons. Right or wrong the child had no business driving since he was underage and since he was pulling a trailer. Never did say he was a terrible father but all of this could have been avoided had he had someone to come pick him up since he knew he was going to be drinking.

You are quite correct, I will edit my stance to this: Unless there was something we do not know about from the OP's post (such as how much under the influence he was / how badly "drunk" he appeared and was behaving / how much of a danger he appeared to himself or others) then his firearms should not have been confiscated. Especially since they could have been given to one of the family members (if they could lawfully take custody of the weapons and transport them) who came to pick up the vehicle (since they did arrive while the officer was still there based on what I've read).

I also agree with everything else you said.

 

[lrahm]

I see. I went and read some more and found the page where it says the officer requested the charges in the original report but the prosecution apparently declined and went with the traffic violation (which IMO was the right charge if any at all). That is of course a completely different topic then what this thread originally started out about (which imo was the confiscation of his firearms).

I think the original point of the OP is that his guns shouldn't have been confiscated and if so, I would agree with that.

Stories have flip-flopped quite a bit. The standard "who's on first".