Disturbing traffic stop... Big rant.

[Bentley4700]

I just had to share with you guys what happened to me today. I was pulled over by Colorado Highway Patrol this afternoon. When the trooper came to the door, I did everything right. I presented my ccw permit and drivers liscence. When he saw the permit He asked if I had a gun in the vehicle. I told him yes. He asked where. I told him it was in the center console and it was holstered and loaded. He asked me to step out of the vehicle and stand near the rear of it. Which I did. He told me he was going to take the weapon until we were done, for his safety. I politely complied. While he began to remove the pistol from the console he informed me that. "Just so you know, I have a rifle in my car." "Excuse me?" I replied. He said, "Just in case things go bad, I want you to know I have a rifle in my car." I told him, "Im a law abiding citizen, you have nothing to worry about." He just smirked. He then took my pistol, still loaded, and placed it under his armpit with the barrel pointing away from him. He then turned to talk to me and my own loaded pistol was pointing right AT MY HEAD. I exclaimed, "You are pointing my gun right at me!" and I promptly stepped aside. He then pointed the pistol towards the ground, still in his armpit! His other hands were busy with my paperwork and his. He walked it back to his car and the rest of the stop went without incident and he returned my pistol I am completely sickened by this. In an effort to make himself feel safer about my gun, he put me in danger. Breaking the most basic rules of gun safety. Not to mention his "rifle in the car" comments. Treating me as if I was surely thinking of doing something. Im sick of all of the countless stories of lawful citizens being harrassed by peace officers for exercising their 2nd amendment rights. Im in the process of filing a complaint with the CSP. I also contacted a local gunrights lawyer just to see what he says. Any advice on what I should do or how to handle it from here on out? If that had been ME pointing the gun at HIM, I would be in jail or dead. I have been shaking all night from being so pissed off. My blood pressure is through the roof. Thanks for reading my rant.

I hope this is in the right spot.

 

[Robert]

As a former Colorado State Trooper I can tell you that his actions are not taught by, or approved by the CSP. I had an M16 and M14 in my truck, yes they were NFA, but I would have NEVER told someone I had stopped that. Where did the stop happen? Did you get his business card? He should have given you a card at the end of the stop with his Sargent's phone number on it. Call that number and talk to the Sgt. I promise if he is worth his salt that Trooper will never do that again.

If you call, be polite and unemotional. Explain the actions that caused your alarm and how they may endanger the public at large and how the threat of the rifle in the car was uncalled for.

MOD TALK
Let's not have this turn into a cop bashing thread. The Trooper did several stupid things but that does not make the entire CSP a bunch of jerks.

 

[RetiredUSNChief]

This is a good rant. And a good place to do it, in my opinion.

Once you were out of the vehicle, you were separated from your weapon. There was no need for the officer to do any such thing. And likely no legal justification for it, either.

In fact, it may have indeed been illegal. I'm sure you'll get a flurry of posts about that.

Going only by what you posted, he made no requests of you to enter your vehicle...he informed you what he was going to do and did it. About the only thing you could have done at this point was tell him that you are not giving him consent to do so. If he does it anyway, then there is at least no tacit consent on your part by saying nothing.

The comment about the rifle was totally uncalled for and entirely unprofessional. Not to mention a threatening gesture, in my opinion.

You are following the right path by pursuing with a complaint and consulting with an attorney. This should be pretty interesting if this is a routinely recorded staffic stop. Everything you need will be on video.

BOTTOM LINE:

Right or wrong, when things go south you can't get out of hand during such an encounter. You apparently did well by not being rude, belligerant, or in any way "violent" in your attitude or behavior. This is an absolute plus to you, because things would have only spiraled downhill rapidly for you from there.

Knowing your rights may have aided you in knowing what to say and when...such as asking him if you're going to be detained or arrested, and telling him you don't give him consent to enter or in any way search your vehicle. Check with your attorney for your rights specific to this type of traffic stop incident for future reference (for your state, obviously).

Biting your tongue and following up afterwards is the smart thing to do if an officer oversteps his authority like this; if he's going to do it anyway, especially after you've voiced your concerns as above, then trying to force the issue ain't gonna do you any good.


EDIT:

No "cop bashing" from me! There are good cops, bad cops, and mediocre cops. I choose to believe the vast majority of them are of the "good" variety. They have been in my experience, anyway.

 

[Robert]

Everything you need will be on video.

I doubt it. When I left only training cars had cameras. But that has been a while so depending on where the stop took place may make a difference. Denver got all the cool toys, but down in Walsenburg... not so much.

 

[Bentley4700]

@ Robert
That is exactly what I did. I just got off the phone with his Corpral about it and he was very understanding and helpful. He also said the troopers actions went against all of their training. I was very level headed and polite. (I was level headed and polite during the stop also) I honestly just want his actions corrected in the furture. He said he would speak to the trooper and get back to me with a follow up. It was never my intention to make this a cop bashing thread in any way. I respect all officers completely and I expect respect from them. He wanted to feel safe, and so did I. It happened in Larimer county north of Berthoud.

 

[Upstater]

Consider

Does anyone consider, or is it even worth considering possible retribution by the trooper towards bentley4700 for the whistle? Just wondering because I have heard of such things happening.

 

[Robert]

I am glad the Cpl helped you out. I am glad to hear that things are moving in the right direction.

It was never my intention to make this a cop bashing thread in any way.

I didn't read it as such, but these types of threads tend to just go that direction. Please don't think that was point at just you.

I was a Trooper for a short time, figured out pretty quick it was not for me, so I am not expert but based on my experiences the CSP is one of the finest organizations in the state. If the Cpl said he will talk to the trooper and follow up with you, he will. And it is well within your right to ask for a meeting with Sgt, Lt or Cpt if you think the issue needs more attention.

I truly hope the trooper learns from this.

 

[RetiredUSNChief]

I doubt it. When I left only training cars had cameras. But that has been a while so depending on where the stop took place may make a difference. Denver got all the cool toys, but down in Walsenburg... not so much.

Hmmm...

I guess my expectations are a little skewed on this. Most of the police vehicles I've noticed have cameras mounted on the dashboards nowadays...but what with me having spent the vast majority of my time around areas where naval stations are, I guess that would be expected since the budgets of larger cities would allow more of this.

That and state troopers up and down the East Coast, it seems.

Thanks for the clarification!

 

[Robert]

Does anyone consider, or is it even worth considering possible retribution by the trooper towards bentley4700 for the whistle? Just wondering because I have heard of such things happening.

The CSP does not stand for that kind of thing. If the trooper tries to come back at him one call to the Lt or Cpt and the trooper will find himself in a real world of hurt. I can attest that the CSP does not tolerate any unprofessional behavior. It is dealt with. It happened to me. It can be as simple as a talking to from your Sgt and a little extra duty to as severe as a written reprimand to termination.

There was a trooper fired for running a NCIC/CCIC check on people for his friends pawn business. CSP does not joke around.

Though in my case I was still in the academy and they have their own ways of dealing with things. Still I graduated 3rd in my class so I guess I did ok after that.

 

[LawScholar]

The CSP are my state's neighboring state patrol, and they, like the WHP, are generally consummate professionals. You most definitely got the exception to the rule in a very upstanding agency.

That does not mean you should stand for it, and I'm glad you're standing up for yourself - and this is from a person with family in the WHP and CSP.

Let us know the follow-up.

 

[Frank Ettin]

I don't think there's really anything to be gained by continuing this. The OP has reported the incident, and things are in process.