If an officer asks if you have guns in the car....

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A few random observations, in no particular order:

1. One common thread in Special Agent Weasel's posts seems to be that he and other LEO's could be more polite, except that some of us "rock-dwellers" have gone and ruined it for everyone, so now LEO's must be paranoid/suspicious/etc and must think the worst of all of us to protect themselves from the lowest common denominator.

2. Another of Special Agent Weasel's common themes is that if we'll just trust him and the other LEO's and do whatever they say, unquestioningly and willfully, they won't be forced to use against us a system which, judging by the contents of his numerous and voluminous posts, will always result in some sort of physical or legal pain to us, with more certainty than even the most crooked and lopsided casino game.

3. A third theme from the "trust the LEO" camp appears to be that it is incumbent upon the citizenry to not only obey the laws of their city, state, and country, but also demonstrate this compliance -- without question, on the spot, and by any means requested of them -- simply upon as little as the "suspicion" (some might say "paranoia" or "fishing instincts") of a LEO, because failure to do so must mean that in the law's eyes they have something to hide.

4. Some of Special Agent Weasel's missives appear to say, "C'mon, y'all, just give in and do what we say, okay? We don't want to have to physically and/or legally ruin your life, and if you continue to resist, that's what we're gonna have to do! All's I'm trying to do is keep you out of jail!"

Well, I happen to think that there's room for an alternate view here.

I have a few ideas that I'd like to throw out, with the hope that Special Agent Weasel and other LEO's might better understand where the citizenry (in my opinion; I certainly can't say I speak for everybody else) might take exception to their view of the world. To wit:

As to point 1 above: I hate to break it to you, but you people -- LEO's -- are dwelling on (or under) the same rocks the rest of us inhabit. There is just as significant a percentage of LEO's (probably more, given the God-complex issues) that are "bad" as there are citizens that are that way. Dealing with this fact is probably the second-most daunting challenge for any LEO. I not only believe this fact, I know it from working with and training cops/agents/ninjas over the years and observing their antics. You ain't any different than the rest of us, Hoss.

To Point 2: This sort of "forced aquiescence" by government is exactly why this country was born in the first place. It still defines the struggle that determines where the fulcrum sits under the civil liberties/societal order continuum at any given time. While there is ample reason to be careful in the performance of your job duties, if a LEO cannot resist the temptation to practice the court-sanctioned legal judo you've been recounting, this "we-hold-all-the-cards-so-just-give-in" mentality, he/she shouldn't be a LEO, in my opinion.

To Point 3: The constitution was written to obsolete this very argument, and has unfortunately been weakened considerably by the logical gymnastics applied to the body of law in the form of case precedent, which has unfortunately led to the subversion of the constitution's original intent. If I'm complying with the law, and minding my own business, it's none of your bucking fusiness what I'm doing, or why, or where I've been doing it, or where I'm going to do it. Period. End of argument.

To Point 4: We probably can't do a thing about this modus operandi. It's that same logic a guy applies when he tells his wife it's her fault he had to beat her up. I have to tell you this, though -- the reason people don't trust LEO's implicitly when they're stopped is that there are representatively more instances of "bad cops" in the general cop population than there are "bad citizens" in the general citizenry out there, and we never know which one we're going to get when we roll down the window. You ain't the only one that's peering into a box of chocolates! Sometimes LEO's get a tentative or "nutted up" response that you don't trust from a stopped citizen because of this apprehension, not because they're up to no good. Unfounded suspicion on an LEO's part is NOT a basis for the legal and punitive actions you describe, no matter how inevitable it may or may not be.

Thoughts?
 
CannibalCrowley,

To answer your question it’s not the fact that you are on the phone with an attorney it’s the mere fact that you are on the phone period when you need to be conversing/listening to the officer, at some point your continued refusal to address the cop and talk to him while you are on the phone getting the advice of counsel about the traffic stop is obstruction no matter who you are on the phone with.

Said person is simply assisting the officer as he is unsure of how he should proceed. Without the advice of his counsel he'd just be sitting there answering no questions, he's just trying to get advice so that he may assist the officer in the discharge of his duties.

CannibalCrowley if by now you are “unsure of how he should proceed†when stopped on a traffic stop by a cop then you need to surrender your D/L to the nearest State Patrol Post because you probably don’t need to be operating a motor vehicle on a public roadway.

“Without the advice of his counsel he'd just be sitting there answering no questionsâ€.

You do realize that most all states I’m sure require you to ID yourself on a traffic stop, you must present a valid license because it is illegal to operate a motor vehicle on a public roadway w/o a valid license?

Failure to produce that ID is grounds enough by itself for arrest in GA.

And did you know that IF you do not tell me who you are in a manner which sufficiently dispels any doubt I may have about you ID I can jail you as John Doe and notify the Magistrate or State Court of the matter and the judge can compel you to ID yourself If you don’t you will be held in contempt until you do.

You can be held in jail on a contempt charge for up to 6 months WITHOUT a jury trial at which time the judge can have you brought before the court again, if you are still an idiot and refuse to ID back to the poky for 6 more months!

Specialized said…

the reason people don't trust LEO's implicitly when they're stopped is that there are representatively more instances of "bad cops" in the general cop population than there are "bad citizens" in the general citizenry out there,

So let me get this straight you are trying to say there are more crooked cops than crooks?
 
Break it down....

LEO"s for the most part, are good, honest folks.. Doing a good job.


I, for one, dont like the rules that are on the books that give the LEO's the detainment power they have with regards to traffic stops. There is no redress, then and there. You have to wait, take it to a judge, supervisor. If the officer makes a mistake, or just has a bug up his anal area, you are screwed. The LEO is presummed innocent, we, non LEO's are not. That is what gripes me.

If I having a bad day, or just being an *******, computers get messed up, a server is still down. An LEO, well, people get abused.
 
So let me get this straight you are trying to say there are more crooked cops than crooks?
Nope -- reread it. The assertion is there are more bad cops in the cop population, by percentage, than bad people in the citizenry, by percentage. Disagree?
 
To answer your question it’s not the fact that you are on the phone with an attorney it’s the mere fact that you are on the phone period when you need to be conversing/listening to the officer, at some point your continued refusal to address the cop and talk to him while you are on the phone getting the advice of counsel about the traffic stop is obstruction no matter who you are on the phone with.

Again, very good luck to you sir with that. You may direct me to hang up the phone after I say "My name is ____ _______, I wish to consult with my attorney before making a statement", and only then if I fail to comply do you have even the faintest hint of cause for obstruction charges.

If I am operating a motor vehicle you have the furthur authority to demand production of my driver's license, which I may slide through a 1/2" open window.

I am NOT under any obligation to 'converse' with you about the weather, etc.
 
Said person is simply assisting the officer as he is unsure of how he should proceed. Without the advice of his counsel he'd just be sitting there answering no questions, he's just trying to get advice so that he may assist the officer in the discharge of his duties.
CannibalCrowley if by now you are “unsure of how he should proceed†when stopped on a traffic stop by a cop then you need to surrender your D/L to the nearest State Patrol Post because you probably don’t need to be operating a motor vehicle on a public roadway.
You're going completely in the wrong direction, there.

The motorist won't be answering questions like "Do you have any firearms?" or "Where were you on the night of the 14th?"

Not knowing how to answer potentially very complicated questions like that is completely different from handing over the driver's license.

For instance, perhaps this fellow in the middle of divorce proceedings, and he was with his mistress on the night of the 14th. He's happy to tell the cop that, but he needs to ask your lawyer if the cop will be able to testify to that in his divorce proceedings if his wife finds out. I'm sure a lawyer could come up with all sorts of other similar situations. Do you want the driver to not tell you anything, or are you willing to suffer through a short phone call to get your answer? Perhaps you can come up with some reason to arrest him for not answering your question, but would you rather spend your time doing that, or let him make his call so he can find out that, in this case, he can answer your question without screwing up his divorce proceedings?
 
Nope -- reread it. The assertion is there are more bad cops in the cop population, by percentage, than bad people in the citizenry, by percentage. Disagree?

Yes I do…

According to the Bureau of Justice Statistics there are nearly 800,000 full-time sworn law enforcement officers in the United States 700,000 of them are local cops the rest are feds and whatnot.

According to the US Census Bureau there are nearly 300 million people in the US, that’s the ones we know about.

About one cop for every 400 to 500 people…

In 2003, 6.9 million people were on probation, in jail or prison, or on parole at yearend 2003 -- 3.2% of all U.S. adult residents or 1 in every 32 adults.

State and Federal prison authorities had under their jurisdiction 1,470,045 inmates at yearend 2003: 1,296,986 under State jurisdiction and 173,059 under Federal jurisdiction.
Local jails held or supervised 762,672 persons awaiting trial or serving a sentence at midyear 2003. About 71,400 of these were persons serving their sentence in the community.
 
Artherd I’m sorry but I… just forget it… it’s useless. :rolleyes:



Jay Kominek where the heck did divorce proceeding come into play here?

I’m talking about conducting a traffic stop and what the law says a driver must produce to a LEO upon demand at the time of that stop. Not who he’s been porking on the side and his old lady finding out.

At some point your yapping on the phone while I stand in traffic waiting on you to be coached thru this little life event called a traffic stop will reach the level of obstruction plain and simple.

I’m sorry that some here are borderline ridiculous in their approach to this event and would prefer to turn it into a 10-hour roadside stand off, instead of a 2, 10 or 20-minute traffic stop. Cause you aren’t talking PERIOD and I want to see my lawyer!!!

I’m sure after a public display like that you’ll get to spend far more time talking with your lawyer than you had previously hoped for.

It’s your criminal history not mine and it’s your time in jail, not mine.



:( :scrutiny:
 
Reiterating, in case it got lost in the crowd.

I've been wondering this for awhile now. FedWeasel, would you have a problem (both personal, and proffesional if you can answer as such) with other citizens having video and audio recording devices in their automobiles to capture interations with LEOs? If you would have a problem, why?
Still curious. :)
 
I’m sorry I missed that one!

Personally not at all, infact the more cameras the better, I don’t do shady stuff on stops the fact is I don’t have to, I lock up enough folks for legitimate stuff like DUI, driving while suspended etc… I don’t need to create any more work for me.

The one that jumps to mind was a guy who stood on his porch and video taped about 6 stops me and another guy did one day in a bad drug neighborhood. I guess he got bored cause he just left after number 6 or so because we did nothing wrong infact we gave out mostly warnings as we were looking for dope that day, not busted tail lights or turned up stereos although that was what our PC for the stop usually was.

All I can say is before you record a stop w/o the cops knowledge just make sure that type of stuff is legal where you live.

In Georgia it would be as only one party has to consent for a recording to be legal and that would be you.

But in some states both or all involved have to so as each cop rolled up you would have to inform them you were recording and if they objected and you did not turn it off you could get into trouble, I guess…



:)
 
I’m sorry I missed that one!

Personally not at all, infact the more cameras the better, I don’t do shady stuff on stops the fact is I don’t have to, I lock up enough folks for legitimate stuff like DUI, driving while suspended etc… I don’t need to create any more work for me.

All I can say is before you record a stop w/o the cops knowledge just make sure that type of stuff is legal where you live.

In Georgia it would be as only one party has to consent for a recording to be legal and that would be you.

But in some states both or all involved have to so as each cop rolled up you would have to inform them you were recording and if they objected and you did not turn it off you could get into trouble, I guess…



:)
 
Good tips:

1. Carry a little digital recorder
2. Be familiar with federal criminal procedure and state laws
3. NEVER CONSENT TO ANYTHING
4. Saying things is risky, don't do it unless you know what you are doing.
5. Valantine One Radar Dector: never get pulled over in the first place :evil:

I have to say that I feel as though I have a commanding knowledge of what I could do, but I have never had the opportunity to use it, in spite of traveling at 100+mph pretty much everywhere I go.
 
a traffic violation is suspicious illegal activity

man i can buy that a persons reactions during a stop may point to illegal actions, and maybe some types of driving violations may make you think person is in a hurry or something else suspicious-

but someone without a seatbelt is now a "suspicious character" and should be searched?

really seems like we have lost the right to privacy once we get behind the wheel.
 
I just have a few simple questions.

First, in NV, we have no obligation to inform the officer we are carrying.

How do I answer if the officer asks if I am carrying? (and I am)
I am under no obligation to answer, but failure to answer...or refusal would probably get me pulled from the vehicle and patted down.

I know lying to a cop is usually a bad idea. Can I refuse to answer? Something along the lines of "I'd rather not say" or "I don't have to inform you of any weapons." We must present a carry permit to an officer if it is requested. Asking if I have any weapons doesn't sound like a request for a permit, but I'm no lawyer.
Oh, for those who care, I have been told by several officers (all LVMPD) I know that a CCW shows up when they run your license anyway.
The bit about NV laws earlier in this thread is incorrect. Different jurisdictions can set tougher laws. North Las Vegas has a law that forbids the carrying of weapons...period. As far as I know, only Las Vegas (or is it Clark County) requires registration. Other areas do not.
Not sure about concealed carry permits...I've only seen them issued by LVMPD. Never by another dept.

-edit-
Just did a quick search and found some more info.
Only Clark County requires registration (from what I found)
CCW permits are required anywhere/everywhere in NV. You get it from your county sherrif.

Seems to me that NLV is in violation of NRS 268.418.
1. Except as otherwise provided by specific statute, the legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no city may infringe upon those rights and powers.
2. The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.
3. As used in this section, “firearm†means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.
 
Interesting comments, TheFederalistWeasel.

I am also of the opinion that the vast majority of LEOs are good, honest, hardworking individuals who voluntarily put their lives on the line everyday for us. It's the few bad apples (every profession has them) that unfortunately makes some people anti-LEO. It would appear you're one of the "good" guys. :)

Now having said that, there is something you may want to contemplate.

Most freedom-loving Americans, and certainly just about everyone here at THR, are honest and law-abiding citizens, and we do our best to comply with statuary laws. But there may come a time when a succession of laws are passed that blatantly and systematically violate our natural/inalienable rights. If this happens, I can guarantee I and thousands of other freedom-loving Americans will not abide by such laws; we will resist, and by force if necessary. We can only be pushed so far.

So here's my question: If such a time comes, which side will you be on?
 
I hate when people ask stupid questions. If you asked me what would I do if I an Air Force airman were required to walk around and knock on your door and ask for your guns, I would have to do it. Even though it would probably be suicidal in SC. Same goes for LEO's.

On the same token laws are not something that some nut job makes, there are rules made by many nut jobs, and generally voted on. Preventing one officer is like killing one cockroach. You really havent done ????.

TFW is mearly pointing out that if you ubstruct his work he follows protocal. If your a ass and try to pull ???? and make life hard, your probably up to no good. If your not but the law is in place dont bitch at him bitch at your polticians. Get laywers stand up to stupid laws.

I hate most cops. I have never been arrested, or chraged with anything. I have had one bad cop be a complete dick in the Air Force, to the point a superior had to tell him to shut down or he would loose a stripe. I have also had a bad cop go after my friend because he happened to be the ex bf of a girl. (the cop went to strip clubs, but the girl wasnt allowed to chat on the phone hundreads of miles away). Also had a cop screw my good friends underage sister.

Thats a real bad taste. I still respect them, as much as I respect any other gun owner. Some people are idiots and dont check if there guns are loaded, some cops are idiots. Dont assume cops are bad because of political beliefs or personal experinces.
 
Failure to produce that ID is grounds enough by itself for arrest in GA.

And did you know that IF you do not tell me who you are in a manner which sufficiently dispels any doubt I may have about you ID I can jail you as John Doe and notify the Magistrate or State Court of the matter and the judge can compel you to ID yourself If you don’t you will be held in contempt until you do.
I don't like the sound of that. IANAL, but I don't think you'd be able to get away with that in CA. I damn sure won't be traveling to GA anytime soon.
 
If 'Weasel' is an example of most GA LEOs, I'll be sure to avoid GA in my travels also.

In addition, I wonder if the crime per population statistics factor in individuals who are serving time, or on probation for multiple offenses.
 
And did you know that IF you do not tell me who you are in a manner which sufficiently dispels any doubt I may have about you ID I can jail you as John Doe and notify the Magistrate or State Court of the matter and the judge can compel you to ID yourself If you don’t you will be held in contempt until you do.


So basically if you get pissed off or are having a bad day and decide you don't like me you can claim I didnt ID myself in a way suitable to you, and you can throw me in jail?

Sheesh... I have lived in GA all my life, and didnt realize the Gestapo moved here at the end of WWII.

Thats a bad law, and the legislators are to blame, but so are the drones who enforce this kind of rubbish.
 
I must be too new here, I haven't seen anything particularly onerous in TFW's answers. I've been stopped for speeding six times in the last 15 years (all of them pre-CCW for me) and in each case I am simply polite and helpful. They have been straight-up "here's your ticket, drive slower" stops and I don't recall them asking me if I had anything dangerous/illegal in the car (and by the way, I didn't). Had they asked me if they could search the car I would have politely declined, and made sure I did so in range of their dashboard videocamera.

Now that I carry concealed (and have the permit for it), nothing will change except that if asked if I have a weapon on me/in the car, I'll say I have a CCW permit and I have a .45 in my ___ holster, how would you like me to proceed?
 
Yes I do…

According to the Bureau of Justice Statistics there are nearly 800,000 full-time sworn law enforcement officers in the United States 700,000 of them are local cops the rest are feds and whatnot.

According to the US Census Bureau there are nearly 300 million people in the US, that’s the ones we know about.

About one cop for every 400 to 500 people…

In 2003, 6.9 million people were on probation, in jail or prison, or on parole at yearend 2003 -- 3.2% of all U.S. adult residents or 1 in every 32 adults.
Thank you for the statistics. Unfortunately, they form a misdirection that doesn't address my point.

Your statistics in no way disclose how many cops end up being defrocked because of illegal, immoral, or unethical behavior. What percentage might that be? More importantly than that, how many are still on the job that condone or engage in behavior like that you've described for us here, this "wink-and-a-nod" dance with the judicial system that lets you trample people's rights just because you don't like their attitude, or because you don't trust their reactions, or because wholly on your stereotypical "hunch" you figure they're up to no good? What percentage of the 800,000 LEO's do you reckon fit that description?

My perception is that it's considerably more than 3.2%. Yours?

Don't get me wrong -- if people are disobeying the law, in a perfect world they would be caught and punished. Since this isn't a perfect world, we have to strike a balance between civil liberties and police/judicial powers. My perception is that there are alot of cops, such as yourself, that are too aggressive in challenging this balance, and since LEO's are people too us law-abiding citizens are just as wary of you as we are of the guy we may end up calling you to come and arrest. That is wholly incompatible with this "trust us and let us do anything we want or you'll get hurt" mentality. Does this make sense to you?
 
Shovelhead, there's only one problem about travelling in Georgia: If you ain't ten over the speed limit, somebody's gonna ruin your trailer hitch.

Folks around Hotlanta think that I-75 means a minimum speed of 75; they'd rather take I-85. But it gets worse on I-285 as they try to see if a Honda Civic can go that fast. :D I-75 drivers in general, and Atlanta drivers in particular, make I-10 folks and Houston drivers look like little old ladies.

IOW, when you see somebody pulled over by The Law, you can book it that they were doing some sort of "Intimidator II" imitation. Georgia cops are pretty lenient. If they weren't, they'd all have to call in sick from writer's cramp.

:), Art
 
Erosion of Rights television

I have a theory on how the expanded police powers, and erosion of our rights came along.
In The 70s growing up I watched a lot of tv. Seems many cop shows there was always the stereotypical, "Punk got off due to a technicality" villain.
Anyone see where i am going with this? Any cop show you seen, streets of san franscisco, swat, hill street blues etc. etc. There was always the murderer or rapist "we had to let him go" guy.
I think this shaped public perception, and the lower court judges who had been ruling in favor of defendants rights now started ruling for the police.
If a judge had let soem one go for a technicality that he ruled on he would be voted out of office, It takes a while for precedents but little by little, police have gained almost limitless powers.
Absolute power corrupts absolutley. Did you know police can rifle thru your garbage without a search warrant? You can get a search warrant on an anonyomous tip, real of fictitcious?
Traffic stops:
Police officers are supposed to monitor traffic for safety. That is the prime reason they give tickets. Or supposed to be anyways. When you combine municipal needs for money i.e. collars for dollars, with the forfeiture laws with regards to drugs. YOu now have police out patrolling, not for public safety but instead for cash revenue.
Know what the most effective, cost efficient traffic safety plan is?
Parking an empty cruiser on the side of the road. Doing that doesnt generate income though.
Profiling:
Every cop does it. ALways has. Its called a hunch. Its been part of police tactics since the stone age. See a white guy in a black neighborhood, maybe he is buying drugs. Make up probable cause and go fishing. Black guy white neigborhood? Make up probable cause and go fishing. Latino on highway? Make up probable cause and go fishing. And if you dont find anything, charge him with something anyways.
There are so many laws. Everyone breaks them everyday. Its a sad state of affairs. Its the way it is. Nothing can be done about it. Trying to change the laws is near impossible.
Laws are enacted to protect US from Them. Not until we are oppressed by Them will we change the laws that affect US.
So beware kiddies. That traffic stop could put you in jail

In March 1997, police officer Bart Turek stopped Gail Atwater because she and her two children weren't wearing their seat belts. In Texas, the maximum punishment for not wearing your seat belt is $50. Jail is not an option. Having committed a crime for which the legislature had decided she couldn't be locked up, Atwater was nonetheless arrested and detained until she was presented to a judge.
 
IIRC Rudolph was detained for scavenging in a private dumpster behind a store.
True. And McVeigh was stopped by the Oklahoma Highway Patrol for not having a license plate on the station wagon he was driving. When the trooper approached McVeigh's window, McVeigh's handgun was plainly visible in a shoulder holster, partially under an open jacket. When pressed for the proper credentials to allow for carrying a weapon concealed, and upon no such authorization being presented, McVeigh was arrested, and from there was off to hell in a leaky bucket.

Stops like that are valid and make perfect sense, and are examples of how these laws were intended to be enforced. Both of those officers did the world a favor on those respective days.
 
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