Treo
member
Cassandra's Daddy
I knew you'd show up sooner or later to tell us (me) what posers we are
I knew you'd show up sooner or later to tell us (me) what posers we are
Traffic stop turns into much more...questions.
- Thread starter gotime242
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divemedic
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cassandrasdaddy
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cassandrasdaddy
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- 4,206
did you feel i meant you? curious that
RioShooter
Member
I agree with you about carrying after drinking, however, you are mistaken about the Texas code. The law states that it is illegal to carry while intoxicated. The law does not state what "intoxicated" means. It is not the same standard as the DUI limit.
209
Member
Maybe the felony to possess statement wasn't explained in depth enough by the poster who made it. There may be a law in the state he was referencing that is similiar to this one: Reference is CGS 29-38 which states, in CT it is an "unclassified" felony to have a "police baton or nightstick" in a car you are operating. Penalty is: Not more than a $1000 or 5 years or both.
You can see it here: http://www.cga.ct.gov/2007/pub/Chap529.htm#Sec29-38.htm
There is no overlap if you have a CT pistol permit. For instance, I have a pistol permit, but the law doesn't excuse my having a baton even though I can legally have a loaded handgun. I find it strange, but most laws are.
I'm also a certified police officer. However, I am in violation of the law should I toss a PR-24 in the trunk of my POV and carry it there all of the time.
Now if I stop you and when looking in the car, see a baton "in plain view" and you don't fit the limited exceptions, I can then legally search the passenger area of the car for additional weapons. You "could" also be arrested for the above mentioned violation.
divemedic
Member
209- only in a car? So it is not illegal to possess, unless it is in your car?
Well, one thing i learned for sure is the baton definetly caused a bit of issue, certainly not worth having happen again vs. the probability of ever needing it. Not to mention i usually have the pistol that should be doing the work of SD.
The baton will no longer be in my car. Thats my personal conclusion on it.
The baton will no longer be in my car. Thats my personal conclusion on it.
bdickens
Member
You are wrong, CDH. In Texas, the law is that you can't carry while intoxicated. Inoxicated is spelled out in the law.
Read this thread: http://www.thehighroad.org/showthread.php?t=418732
Read this thread: http://www.thehighroad.org/showthread.php?t=418732
The only thing I've wondered about the 'implied consent' to search vehicles and whatnot:
What if you can't see your vehicle or know they are searching it. Same thing, say, if they detain you and take a bag you are carrying. How can you tell them to not search it if it's somewhere you can't see?
Are they considered legal searches?
What if you can't see your vehicle or know they are searching it. Same thing, say, if they detain you and take a bag you are carrying. How can you tell them to not search it if it's somewhere you can't see?
Are they considered legal searches?
outerlimit
Member
Just sounds like bored cops on a fishing expedition.
Trying to justify their reason for being in your life at that particular point in time.
Trying to justify their reason for being in your life at that particular point in time.
MikePGS
Member
That is the perfect thing to do and say. Mind you, while growing up my grandfather would always tell me stories about his time as a police officer and instilled a great deal of respect for law enforcement within me. Being a LEO seems like a difficult, dangerous, and most likely thankless job and I have great respect for the position, even if sometimes individuals acting in said position aren't worthy of said respect. That being said under no circumstances whatsoever should you voluntarilly suspend your fifth amendment rights. Theres a great video that I found on xavier's blog that showed a Law Professor talking about various ways speaking to police officers has come back to haunt them. Really just do your best to say as little as possible and if you volunteer information you should understand that this could very well lead to your downfall.
ServiceSoon
Member
I remember your handle from MR2oc.com. Since it is winter where I live I spend more time on the highroad than mr2oc right now. How I miss summer
Art Eatman
Moderator In Memoriam
Treo, referring to Post #16: I generally try to figure out what is somebody else's reality, to have some notion of how they're likely to think. Doesn't matter if it's an LEO or a sales clerk.
So, I don't worry about my rights being violated when the cops pull me over for excessive enthusiasm. I work at defusing the situation so the cop doesn't think to do anything that might violate my rights. So far, my way has worked since I got out of the Army in 1958.
I won't bore folks with any litany; suffice that I was a pretty hard-charging partying guy, as well as a hot-rodding street racer. Many and many a well-deserved stop. Never a hassle. Far more warning tickets than I should have gotten, rather than $$$ tickets. (But, a hint: Don't wash your car and then dry it off at 120 in a 55. That gets a real ticket, not a warning.)
Learn about other people's reality and accomodate it--and walk free, rights unviolated.
So, I don't worry about my rights being violated when the cops pull me over for excessive enthusiasm. I work at defusing the situation so the cop doesn't think to do anything that might violate my rights. So far, my way has worked since I got out of the Army in 1958.
I won't bore folks with any litany; suffice that I was a pretty hard-charging partying guy, as well as a hot-rodding street racer. Many and many a well-deserved stop. Never a hassle. Far more warning tickets than I should have gotten, rather than $$$ tickets. (But, a hint: Don't wash your car and then dry it off at 120 in a 55. That gets a real ticket, not a warning.
)Learn about other people's reality and accomodate it--and walk free, rights unviolated.
art
there may be a distinction between "doing something wrong and trying to talk your way out of it" and being pulled over for for say 'driving while black'
I can definately understand the impluse to attempt to talk your way out of or at least down on a speeding ticket, roll through a stopsign, etc.
However, being pulled over because of the 'cut of your jib', color of your skin, or because you have a "Remember Ruby Ridge" bumpersticker...entirely different ballgame.
there may be a distinction between "doing something wrong and trying to talk your way out of it" and being pulled over for for say 'driving while black'
I can definately understand the impluse to attempt to talk your way out of or at least down on a speeding ticket, roll through a stopsign, etc.
However, being pulled over because of the 'cut of your jib', color of your skin, or because you have a "Remember Ruby Ridge" bumpersticker...entirely different ballgame.
It is all in the hard sell vs the soft sell.
Screaming "GET AWAY PIG I KNOW MY RIGHTS YOU CAN'T TOUCH MY STUFF!" will get you in handcuffs and face down. It may also mean you dodge the conviction on the pot you have in the bag...if that's your thing.
However, simply stating POLITELY 'I don't agree to any search' but stepping back and not interfering with the search is going to go much better.
The cops are going to search if they are going to search. You aren't going to phyiscally stop them EVER.
As I said before, a way that appears relatively POLITE is to NOT answer the questions they ask by asking your own polite question.
That's why my 'what can I do to help?' question comes in handy when asked "been drinking tonight? where are you going? why are you in such a rush?"
Rtlan
Member
Hello all.. new here
A conversation I had with someone a little while ago included a bit about being pulled over (out side of Portland, OR) and refusing a search of his car. He was told that he would then have to wait until the K9 arrived. He was later told that waiting for the K9 was not necessary and that he was being polite since there was no PC. Is this true since he was not (as I understood it) detained and did not ask if he was free to go?
A conversation I had with someone a little while ago included a bit about being pulled over (out side of Portland, OR) and refusing a search of his car. He was told that he would then have to wait until the K9 arrived. He was later told that waiting for the K9 was not necessary and that he was being polite since there was no PC. Is this true since he was not (as I understood it) detained and did not ask if he was free to go?
withdrawn34
Member.
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He pulled you over because you drove a 350z, end of story.
Also, there's nothing illegal about having an ASP in your car - so long as you have a concealed weapons permit, which you obviously do. Otherwise it is illegal.
I guess the "reasonable cause" for the search came about because they thought you were drunk. I'm not sure what to say. Sorry to hear you had to go through that.
Also, there's nothing illegal about having an ASP in your car - so long as you have a concealed weapons permit, which you obviously do. Otherwise it is illegal.
I guess the "reasonable cause" for the search came about because they thought you were drunk. I'm not sure what to say. Sorry to hear you had to go through that.
Rtlan
Member
Sorry, He was told by a third party at a future time, not at the same time of the incident by the officer.
The way i see it is that if the officer has cause to search his car the officer would have. Since he didn't the officer "asked" him to stay until a dog came.
May be i am answering my own question. If the officer cannot hold you because the officer cannot see or smell anything wrong he then cannot hold you until a dog comes to sniff around your car. Does that seen right?
The way i see it is that if the officer has cause to search his car the officer would have. Since he didn't the officer "asked" him to stay until a dog came.
May be i am answering my own question. If the officer cannot hold you because the officer cannot see or smell anything wrong he then cannot hold you until a dog comes to sniff around your car. Does that seen right?
divemedic
Member
Not as long as it is securely encased. If it is, no permit is required.
A lot of these scenarios are almost impossible to determine because of the totality of the circumstances.
If an officer has finished his investigation (written ticket,NCIC info,etc.) and has nothing else then no you wouldnt have to stay if asked.
But dont assume you know all the circumstances behind the stop.
The question should be am i free to leave.
ACBMWM3
member
I dont know what state you live but here in Washington they can't search your vehicle without your consent. Even if a weapon is in plain view outside the vehicle they can't search it. 2nd off even if you had a beer or two there is nothing that says you cannot have your weapon with you. The officer was in the wrong for even saying that because you drank you have no 2nd amendment rights. I hope you got a badge number or at least a name. I would def. persue this further. My regular shooting bddy is a County Sheriff and I asked her about your situation and she just laughed and said that officer was for a lack of a better word a power hungry idiot.
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