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Started By
Message
re: officer taking pistol from vehicle
Posted on 11/13/13 at 8:53 am to DanTiger
Posted on 11/13/13 at 8:53 am to DanTiger
quote:
If there is a weapon present and you tell the officer about it he has every right to secure the weapon and protect himself with or without your permission.
You have a case that says this? There are better ways to go about this to ensure safety, the main one being just ask the driver to step out the car and write him a ticket while standing behind the car. The only way I can see this being an issue is if the gun is in the glove box and the driver has to go into the glove box to get his insurance card.
2
Posted on 11/13/13 at 8:55 am to DanTiger
quote:
It is not a seizure.
Yes it is. Brief but a seizure.
Posted on 11/13/13 at 8:56 am to UpToPar
quote:
The only way I can see this being an issue is if the gun is in the glove box and the driver has to go into the glove box to get his insurance card.
I use to never let them return to the vehicle during a stop.
Posted on 11/13/13 at 8:57 am to UpToPar
quote:
You have a case that says this? There are better ways to go about this to ensure safety, the main one being just ask the driver to step out the car and write him a ticket while standing behind the car. The only way I can see this being an issue is if the gun is in the glove box and the driver has to go into the glove box to get his insurance card.
It is a simple Terry stop. Look it up if you are unfamiliar with it. I don't like to get people out of the car unless there are multiple people inside.
Posted on 11/13/13 at 8:57 am to DanTiger
quote:
It is not a seizure
Yes it is. It may be for a short duration of time, but it's a seizure. quote:
I am not hurting the subject in any way, shape, or form by placing his pistol in the back of his car.
What if a cop (not saying you, or any other cops in this thread would do this) were to illegally detain him or arrest him? You have now hurt the subject by taking away his primary means of defense. The citizen has every right to ensure his own safety as the cop does. And I'm usually the ones defending cops in these threads. This seems like a terrible an illegal practice though. There are more constitutional means to ensure safety.
Posted on 11/13/13 at 8:59 am to DanTiger
quote:
It is a simple Terry stop. Look it up if you are unfamiliar with it. I don't like to get people out of the car unless there are multiple people inside.
No it's not. You need to look it up because you are unfamiliar with it. A Terry Stop is completely and totally different than a traffic stop.
Posted on 11/13/13 at 9:00 am to UpToPar
quote:
No it's not. You need to look it up because you are unfamiliar with it. A Terry Stop is completely and totally different than a traffic stop.
Nope.
Posted on 11/13/13 at 9:00 am to FelicianaTigerfan
quote:
I use to never let them return to the vehicle during a stop.
Yea, I'm talking about a situation where the cop approaches the car with the driver still in the drivers seat. Driver tells the cop I have a gun in the glove box, but I need to reach in there to get my insurance. I could see this being an issue, but there's no real way to avoid that.
Posted on 11/13/13 at 9:01 am to DanTiger
Seizure
Forcible possession; a grasping, snatching, or putting in possession.
So when someone hands over their cc permit that equals reasonable suspicion a crime is being committed? This is not a Terry situation as presented.
Forcible possession; a grasping, snatching, or putting in possession.
quote:
It is a simple Terry stop. Look it up if you are unfamiliar with it. I don't like to get people out of the car unless there are multiple people inside.
So when someone hands over their cc permit that equals reasonable suspicion a crime is being committed? This is not a Terry situation as presented.
Posted on 11/13/13 at 9:01 am to Five0
quote:
Yes it is. Brief but a seizure.
I have never had to forcibly take a pistol from a CC driver so I have never made a seizure. I always ask and have always been granted permission. If I took the pistol without asking and placed it in the back it would be considered a seizure.
Posted on 11/13/13 at 9:01 am to DanTiger
quote:
Nope.
You're wrong, but ok. You are showing your ignorance of the law.
Posted on 11/13/13 at 9:02 am to Five0
quote:
So when someone hands over their cc permit that equals reasonable suspicion a crime is being committed? This is not a Terry situation as presented.
What did you stop the person for in the first place??? Did the person commit a traffic violation???
Posted on 11/13/13 at 9:04 am to DanTiger
Can you search that vehicle for a traffic violation? No!
Posted on 11/13/13 at 9:06 am to Five0
quote:
Can you search that vehicle for a traffic violation? No!
I can search plainview and I can also perform a patdown FOR OFFICER SAFETY and to search for weapons. I can also secure any weapons found according to Terry v Ohio. I assure you I am correct in this case.
Posted on 11/13/13 at 9:06 am to Five0
This is the guy people are talking about when they complain about police not knowing the laws they enforce.
Posted on 11/13/13 at 9:08 am to Five0
quote:
Illegal seizure IMO
I just don't see it like this. You're taught in you CCW class that you have to inform an officer that you have a concealed weapon during an official stop. The officer has the right to disarm the weapon for his/her safety during the official stop. You legally have the right to carry, but during that short period, they have the right to protect themselves. As long as you aren't breaking any laws, you'll get your gun back.
Posted on 11/13/13 at 9:08 am to UpToPar
quote:
This is the guy people are talking about when they complain about police not knowing the laws they enforce.
I don't want to get into a pissing contest with you as it serves no purpose but this has been been backed up by case law. I am not going to do the search but feel free to look around yourself. I am sorry if it upsets you but it is, quite simply, the law.
Posted on 11/13/13 at 9:08 am to DanTiger
No you are not. You are how open carry people successfully sue law enforcement agencies if you are, in fact, an officer.
Posted on 11/13/13 at 9:08 am to DanTiger
You can pat down the person and secure any weapons on the person IF you have reasonable suspicion that person just committed, is about to commit, or is in the process of committing a crime. Terry v. Ohio does not give you authority to search the car for a gun and secure it.
Posted on 11/13/13 at 9:09 am to DanTiger
I've done the research and read the cases. You are wrong.
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