re: officer taking pistol from vehicle

quote:

---

the officer arrested Vinton for "possession of a prohibited weapon" under D.C. statute.

---

So the possessing the knife, by itself, was illegal. I'm assuming this is talking about the first knife found since they described the length of it. If that's the case, then this is materially different than our hypo.

quote:

---

So the possessing the knife, by itself, was illegal. I'm assuming this is talking about the first knife found since they described the length of it. If that's the case, then this is materially different than our hypo.

---

No. He was arrested for possessing the butterfly knife in conjunction with the escstasy that they later found.

quote:

---

I do believe you are making too much out of the difference of a weapon being in plain view as opposed to being under the seat or in a console. All would be readily accessible as a weapon.

---

A police officer looking into a car and seeing a gun is not a search. A police officer opening up a console or glove box seems to me to be a search.

quote:

---

So you are saying in the center console is not accessible

---

No.

quote:

---

makes the driver not dangerous because he told me about it?

---

I would say it makes the driver much less dangerous. It also speaks to that individual's willingness to submit to authority. When I am told that I calmly ask, "Do you plan on hurting yourself or me with that weapon during this stop?" What they say next and how they say it play into that decision to ask them out of the car. I'm not going to go into tactics, but if they tell me there is a gun in the center console while showing a ccp 99 out of 100 of those cooperative persons have the sense to have their hands clearly visible and usually on the wheel. Just the way I like it. If they do not answer, hesitate, or answer in the affirmative, they are coming out. It it escalates from there I can articulate all kinds of use of force for both their safety and mine.

This boils down to an officer's ability to talk to people. Just communicating effectively with people will gain you vast amounts of cooperation and compliance. If it does not, then you still look like a reasonable officer for the dash cam footage that will play in court of you having to remove someone or worst case use deadly force. I said it many pages ago, play long ball.

We will have to disagree on the legality of the officers ability to secure a gun from the vehicle.

I will continue to do what is supported by our legal advisers as well as what's been supported by our courts.


As far as common sense police work and communicating with people. I know plenty how to do my job safely and courteously.

I encounter weapons inside of vehicles on a regular basis. Most of the time they don't have a conceal carry license. Not that it matters.

Most of the time (95%) I secure the weapon without fail.

How is putting your gun in the trunk for like five minutes being treated like a criminal.

Seems like a good policy to me, I tell him, he makes sure he is comfortable. I don't get shot by a dumbass because I reach toward my glovebox during the stop.

quote:

---

Who Me to Swanny: You are late to the game on this. No one here is arguing if the driver has to tell the officer about it. We know the answer to that.

---

I don't think Swanny is late to the game in terms of being correct. He's correct, or else LSP's CHP Unit is incorrect.

Carrying in a vehicle isn't Concealed Carry as defined by the statutes and rules that regulate Concealed Handgun Permits in Louisiana. Of course this thread has gotten confusing to many members because of the hodge-podge of cases cited from numerous jurisdictions.

In Louisiana you're not carrying concealed until you step out of that vehicle. As Swanny alluded, it's not unlike carrying in your home -- although one La. attorney has posted numerous times on another board that you can't carry legally in your home w/o a permit.

Several have cited the rule that says you must inform the cop if he approaches you in an offical manner. This is part of the CHP regulations. And until you are asked to "step out of the car," you aren't carrying concealed, even if it's on your person.

BEFORE you step out of the car you're required to notify the LEO that you're packing (because as soon as you step out, your in the CCW arena) -- and if he wants to disarm you he has every right to do so, for his safety. But he is also supposed to return your weapon when he leaves.

While you won't find it in the La. Constitution, (but you will find this verbiage in La. R.S. 14:92 (C)(5): Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle. This is listed as one of eight exemptions to possessing a gun on a school campus ("Firerm Free Zone"). So our legislators have some feelings about your car being an extension of your home.

Tecnically, carrying while you're in your vehicle isn't CCW (just like it isn't CCW when you carry in your home). Do you want to get into that debate ? -- probably not in Orleans Parish, unless you have mucho dineros for a court fight. You'll win in court (probably) but you won't beat the ride.

KG6 posted that we're taught in CHP classes that "you have to inform an officer that you have a concealed weapon during an official (traffic) stop." Maybe in some classes, but not in mine.

Is it a good idea to tell the LEO that you have a weapon in the car -- depends. For sure, lying about it would//could be pretty bad.

Is it a good idea to hand over your CHP along with your driver's license ? Statistically (anecdotally) the odds seem to be in your favor (odds of avoiding the ticket) if you do so. But there are some cops who feel the "average citizen" shouldn't be armed, and in those cases you may end up wishing you hadn't.

FOR SURE (based on a lot of anecdotal evidence) I wouldn't volunteer this to cops in New Orleans. In that town, especially during carnival season, you may find yourself in Central Lockup if you're caught carrying concealed (with a permit) within 1000' of a parade route. The Yats think their local ordinances supersede state statutes. Again -- you'll win in court, but you won't beat the ride.

Disclaimer: I am not a LEO. I am not a lawyer. But I have had the occasion to discuss this on a somewhat regular basis with several Sgts. who have commanded LSP's CHP unit over the years, and with a number of very experienced attorneys who have very succcessful practices.

I could be wrong about all this stuff. And based on the previous 15 pages, even if I'm right someone is gonna tell me I'm wrong. So, I'm not gonna lose any sleep over it, nor am I gonna get into the kinds of debates that have expanded this thread to its current length. I'd rather drink a beer and watch reruns of Gilligan's Island.

quote:

---

Is it a good idea to tell the LEO that you have a weapon in the car -- depends. For sure, lying about it would//could be pretty bad.

---

quote:

---

am interested to hear what some of the leo's here would do in this siutation.

---

If a person lied about having a weapon in the vehicle and I found out there was a weapon through other means.

The person would be subject to a pat frisk

The vehicle would be checked for additional weapons.

The person would very likely be issued a traffic citation for the original purpose of the stop.