Gun search question at traffic stop based on NRA sticker

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  • rico903

    Ultimate Member
    May 2, 2011
    8,802
    No not ever to different data bases that are not linked

    At can only say that around the time of Y2K I was selling a Beretta 92FS to a guy who owned a security company and wanted to arm more of his guards. After we filled out the paper work at the Bel Air barracks I asked the trooper how long this usually takes and he replied " he already has 9 other guns in the system so there shouldn't be any problems". So do they keep records?, hell yes.
     

    rico903

    Ultimate Member
    May 2, 2011
    8,802
    In defense of the have you been drinking questions, much of this was brought on by the general public. When I was young and asked this, obviously had been drinking, the cops used to ask how far are you from home and if you were close would let you go or follow you. You had to go out of your way to get a DUI in the 70s. Then people who had been given a break and then ended up wrecking their car on the way home sued the police depts. for negligence for letting them drive. Talk about f*ing over a gift horse.
    Society has become so sue happy everyone has to CYA.
     

    Sgt6402

    Active Member
    Jan 21, 2008
    679
    md
    I was pulled over this evening as my drivers tail light was out (which is ok - had no idea). BUT after asking for license and registration i was asked how many guns were in my vehicle. I replied none. By this point there were 4 patrol cars behind my vehicle. I was asked if i would consent to a search, which i did not consent to. Cop went and ran my details, issued a repair order, and sent me on my way. My question is - is this 'fishing' legal - i got the sense my reply to the question could have turned this into a full blown search, detainment etc. I was merely driving home from work with a tail light out and an nra sticker on my car, dressed in business attire...

    I have now been retired for almost a year.

    Dawg, or another LEO here correct me please if I am wrong..... But based on past case law, an officer can not ask for consent to search your vehicle until he has returned lic & reg to the driver, issued the warning, sero, or ticket, and then has advised the driver they are free to go. The officer can then re-engage the driver in conversation and ask for a consent to search. If the veh operator say no, the officer needs to politely and must just turn around and go back to work.

    By asking for consent to search during the traffic stop at the initial contact you are changing the scope of the stop to a whole new event. I have seen it before in the Carroll Co courts and the cases were thrown out due to this.

    No matter the RS, RS is not PC. Now, can there be enough RS to turn into PC, yes but you better have that very well documented especially if you end up with an arrest. Or it will get tossed out of court, fruit of the poisonous tree as its get referred too.

    Now can the officer ask general questions during the initial stop, yes.

    OP, did the officer say anything about your NRA sticker or are you just assuming he asked this due to the sticker?
     

    PO2012

    Active Member
    Oct 24, 2013
    815
    I've did it before and I'll say it again: politics have no place in public safety.

    And yet the Governor insists on pulling Troopers from Barrack B (among others) and sending them to Baltimore City on joint traffic details. Meanwhile, back in Frederick, MSP is often only able to turn out two or three Troopers on a given shift. Even traveling at 120mph your back up won't reach you for some time. You're on your own.

    No peace officer, regardless of agency, should be forced to pursue an escaped convict, fight a drunken wife beater or get into a gunfight with burglars without the benefit of backup just so that citations can be written and political points scored. It's one thing to go it alone out of necessity, it's quite another to have to do so because your leadership has failed you.
     

    PO2012

    Active Member
    Oct 24, 2013
    815
    I have now been retired for almost a year.

    Dawg, or another LEO here correct me please if I am wrong..... But based on past case law, an officer can not ask for consent to search your vehicle until he has returned lic & reg to the driver, issued the warning, sero, or ticket, and then has advised the driver they are free to go. The officer can then re-engage the driver in conversation and ask for a consent to search. If the veh operator say no, the officer needs to politely and must just turn around and go back to work.

    By asking for consent to search during the traffic stop at the initial contact you are changing the scope of the stop to a whole new event. I have seen it before in the Carroll Co courts and the cases were thrown out due to this.

    No matter the RS, RS is not PC. Now, can there be enough RS to turn into PC, yes but you better have that very well documented especially if you end up with an arrest. Or it will get tossed out of court, fruit of the poisonous tree as its get referred too.

    I've received consent to search during a variety of traffic stops while I've had the driver's license and registration in my possession and none of my cases have been thrown out. As it was once explained to me by an experienced ASA, whether consent was voluntary is based on the totality of the circumstances. My final statement to them is always, "You have the absolute right to refuse a search of your vehicle and if you do refuse, no search will occur. Just because I've requested permission doesn't mean you have to say yes." Sometimes I'll even tell them to take a moment and think about it. It's always worked for me but YMMV.
     

    trailman

    Active Member
    Nov 15, 2011
    632
    Frederick
    Those f... Howard county clowns need training. That Police chief, maybe he's been replaced by now, retiring I think I read recently, is a dufuss.

    He's the same turd who had his officers jumping in front of high speed traffic on 29 and 32 (checking for seat belt compliance) and that procedure backfired on them big time a few years ago when one of his troopers stepped into traffic in front of a woman on 32 and she hit and killed him. I'd bring manslaughter charges against that bastard Chief over that one.

    Where or where do we hatch these idiots?!?!

    Lew--Ranger63
    Unsafe, MD 20769...formerly Laurel but changed in 2008 by a 11-0 city council vote, in the midst of the invasion of Illegals that year, and we will never ever get rid of them.

    Had this happen to me on RT100, friggin cop started walking out onto the highway on an inside bend just as I was looking over at the wife speaking to me. Scared the living crap out of us. Thank God for ABS or there would have been a dead family of four and probably a multicar pile up.
     

    Maverick0313

    Retired and loving it
    Jul 16, 2009
    9,183
    Bridgeville, DE
    Do you think they might want to search my truck? The funny part is that twice that I was pulled over the LEO came up on the truck, stopped, looked and the told me to slow down. Must be something on the back window they like. Little hard to see but there is a Center Mass Combat Tactical, Spike's Spider and a Masonic symbol along with the rest on that back window. And have never been asked to search my truck for any reason. Chris

    :party29::lol::D
     

    trailman

    Active Member
    Nov 15, 2011
    632
    Frederick
    Reading through all this it’s a great thread. I have a very small spikes tactical sticker on the side window of my truck and a proud of my eagle scout. That’s it. I had a car keyed once for a political sticker and since then I don’t do it anymore. Call it Opsec, call me a coward whatever. I don’t wear my junk on my sleeve anymore. I do my part in other ways and I tend to find that that most billboard people are fairly apathetic when the rubber meets the road and asked to do something anyways.

    As far as LEO’s go in this State? Don’t like us treating you like the Gestapo? Don’t treat us all like perps, plain and simple. I get pulled over I expect to be greeted by a JBT just like you expect everyone and their grandmother to blow you away.

    Complain that you have families you all want to get home to? Get another job, start a lawn care business. It works both ways folks. But some people forget that the police are the face of the regime in Annapolis. Sorry state it is but that’s how it goes. I applaud the comments of the current and former LEOs that see it this way too. Too bad you couldn’t have more influence on the various departments you were in. I’d point out the other comments but you know who you are when you point out that you can do anything you want to trip up a person into consenting to a search. Good for you.

    Never thought about the comments on the K9s making hits on command, that’s pretty good. I’ll have to remember that one. I think it would be pretty cool to take that in front of a judge.
     

    eruby

    Confederate Jew
    MDS Supporter
    I've always read/been told cops can lie to you but you cannot lie to the cops. I don't know if you have to be detained/arrested for the 'no lies to a cop' to come into play, or if it is even true.

    Cops can ask all the questions they like. We can refuse to answer. Multiple cars does seem over the top and can be intimidating.

    My only 2A 'stuff' is an MSI license plate frame.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,760
    Bowie, MD
    About fifteen years ago my wife and I were stopped at the Canadian border crossing from North Dakota into Manitoba.

    The stop lasted three hours after two decals on my truck set off an alarm – NRA and MD Hunter Safety Instructor.

    Two Canadian border agents approached the truck, one on each side and asked if we were carrying contraband. I responded no and my wife, who is deaf in one ear and hardly hears with the other, looked at me for guidance. I shook my head no and she responded accordingly.

    When it was apparent we were in for special treatment, I declared my knowledge of Canada’s firearm laws and that we had none. This was the only time in all our travels that I left home without a means of self protection. We were headed to Winnipeg so that I could ride a friend’s horse and spend the weekend as the family’s guests.

    All was to no avail.

    We were separated, one Canadian border agent staying in the truck with my wife and two others going over the trailer’s interior with me in tow.

    The guy in the truck opened the console and proceeded to ruffle through my wallet. His comment was something to the effect “we have a live one here” when he saw my Pentagon ID card and other credentials that tied me to firearms.

    He inspected my wife’s purse and found pepper spray. It, unknown to us, also is illegal. She was escorted inside where she was ordered to fill out a violation citation which included a $250 fine. After I explained she didn’t hear the question, they dropped the fine and kept the pepper spray.

    The two gents with me threw all our clothing on the floor, as well as all the linen that was in the storage compartments. The pots, pans, dishes and appliances where piled in the center of the kitchen floor. Boxes of food were opened and I watched as one guy sifted through the cereal box with his hands.

    Finding nothing they walked me back outside and asked when was the last time firearms and/or ammunition had been in the truck. I said about a week and they said, “Too bad, we were going to bring in the dogs, but they smell residue up to six months after the fact.”

    This was our last and final trip to Canada.
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    About fifteen years ago my wife and I were stopped at the Canadian border crossing from North Dakota into Manitoba...

    Wow. Pretty sure I would've just kindly told them to go self-fornicate with a chainsaw and turned around and went home. Whatever happened to the obnoxiously nice Canadian stereotype?
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    I've always read/been told cops can lie to you but you cannot lie to the cops. I don't know if you have to be detained/arrested for the 'no lies to a cop' to come into play, or if it is even true.

    Cops can ask all the questions they like. We can refuse to answer. Multiple cars does seem over the top and can be intimidating.

    My only 2A 'stuff' is an MSI license plate frame.

    Its a two way street every hooker I've ever met has lied to me. I arrested one yesterday and she lies about her name and DOB. I knew it was a lie so I told her she was arrested for starting an illegal taxi service and illegally selling porn online.......we both knew the other was filled with bull. Considering we picked her up as she was strolling our local corridor.

    2nd for us the multiple car thing is usually boredom. If I'm two blocks away not on call why would I not go check on my officer during his stop?? Plus for the newer guys they show up to everything.....as they should.....who knows what they will see/learn making them better cops.

    For us vice guys we work as a team so it's not uncommon to have 3-4 cars and 7-8 guys on every stop.
     

    eruby

    Confederate Jew
    MDS Supporter
    Its a two way street every hooker I've ever met has lied to me. I arrested one yesterday and she lies about her name and DOB. I knew it was a lie so I told her she was arrested for starting an illegal taxi service and illegally selling porn online.......we both knew the other was filled with bull. Considering we picked her up as she was strolling our local corridor.

    2nd for us the multiple car thing is usually boredom. If I'm two blocks away not on call why would I not go check on my officer during his stop??
    You definitely would go check and I have no problem with that.. I thought in the OP there were 4 or 5 cars which I would be a little intimidated by.

    IS it illegal to lie to cops? Does it matter whether one has been arrested/detained?
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    You definitely would go check and I have no problem with that.. I thought in the OP there were 4 or 5 cars which I would be a little intimidated by.

    IS it illegal to lie to cops? Does it matter whether one has been arrested/detained?

    The bottom ? Is jurisdictional so in DC your answer is NO it's not illegal to lie in DC to cops.

    As far as the intimidation factor that's not the point of that many cars. It's generally anther reason like boredom or training. You notice how 1-3 are doing he traffic stop and the others are jaw-jacking or sitting in their cars. There is usually no intended meaning.

    When I was in patrol and worked midnights 3-4 cars on a stop was the norm if it was a slow night. It was boring, you went t check their safety, and then it turned social. You ever see 4 cars stopped with lights but no car pulled over? That's cuz the stops done and now were being social.......I'm a normal real person too :) I just block traffic like a butthole while being social :) you gather at the water cooler we gather at 7-11 and traffic stops.
     

    eruby

    Confederate Jew
    MDS Supporter
    The bottom ? Is jurisdictional so in DC your answer is NO it's not illegal to lie in DC to cops.

    As far as the intimidation factor that's not the point of that many cars. It's generally anther reason like boredom or training. You notice how 1-3 are doing he traffic stop and the others are jaw-jacking or sitting in their cars. There is usually no intended meaning.

    When I was in patrol and worked midnights 3-4 cars on a stop was the norm if it was a slow night. It was boring, you went t check their safety, and then it turned social. You ever see 4 cars stopped with lights but no car pulled over? That's cuz the stops done and now were being social.......I'm a normal real person too :) I just block traffic like a butthole while being social :) you gather at the water cooler we gather at 7-11 and traffic stops.
    Great info. :thumbsup:

    And last week I sneaky-pied a meal for a MSP Troopeer at Chick-fil-A in Westminster. Hopefully the employee donated the change to a charity, but I wasn't there for the end of the transaction.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    Great info. :thumbsup:

    And last week I sneaky-pied a meal for a MSP Troopeer at Chick-fil-A in Westminster. Hopefully the employee donated the change to a charity, but I wasn't there for the end of the transaction.

    That's insanely kind of you. I almost always pony up a beer for military members.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    And yet the Governor insists on pulling Troopers from Barrack B (among others) and sending them to Baltimore City on joint traffic details. Meanwhile, back in Frederick, MSP is often only able to turn out two or three Troopers on a given shift. Even traveling at 120mph your back up won't reach you for some time. You're on your own.

    No peace officer, regardless of agency, should be forced to pursue an escaped convict, fight a drunken wife beater or get into a gunfight with burglars without the benefit of backup just so that citations can be written and political points scored. It's one thing to go it alone out of necessity, it's quite another to have to do so because your leadership has failed you.


    I remember when backup was in the same vehicle.. and I remember when it changed in NYC and why. When did change here or was it always one officer per unit in MD?
     
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