Gun search question at traffic stop based on NRA sticker

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • highwayheat

    highwayheat
    Jun 13, 2012
    588
    Ceciltucky
    The key is to simply know your rights and learn about the police officer's job. Watch COPS lol. You'd be surprised what you can learn. Be respectful and take the high road at all times. Yes, you will probably come across some bad apples, there are a few on every tree. By and large I think they're the exception and not the rule.

    Police ask questions - A LOT of them. You are under no obligation to ever answer anything. But depending on the circumstances of course ... you might still be arrested if they have solid evidence against you. You can simply say something like "Sir I'm sorry but I do not wish to answer that question". If it gets to be too much "Sir am I being charged with anything at this point? If not may I please be on my way? I do not wish to answer anymore questions or continue this conversation." Say it COURTEOUSLY. It makes a difference. Not like these asshat heroes on YouTube.

    If you are confused about what is going on, turn the tables. Ask them questions ! "Sir what crime am I suspected of committing?", "Sir can you explain what evidence leads you to believe I have committed this crime?"

    And finally, double check your appearance if you don't like being hassled. Looks DO matter. Are you scruffy, dirty, tattered t-shirt and ripped jeans? Are you clean cut, shaven, smell good, pressed shirt, pressed pants, etc.? Guess who will receive more scrutiny? Might suck, but fact of life.

    Looks do not matter to me. I have arrested peeple from all walks of life for criminal acts. Some of my best felony arrest/seizures have come from individuals dressed in very nice, expensive clothes. Basing my enforcement on the way people look would just be a fishing expedition which is a total waste of my time. If I have a legal reason to stop someone then I may start digging deeper based on their body language and reactions to my presence. We get paid to ask questions and conduct investigations. All traffic stops are an investigation by nature and it is not illegal to ask questions. Most traffic stops lead to someone being issued the appropriate paperwork and cut loose in a minimal amount of time. There are however, traffic stops that lead to further questioning and possibly an arrest depending on what is discovered or learned through out the course of the traffic stop.
    I personally ask everyone if the there are any weapons in the vehicle. I ask this for the safety of the individual(s) I have stopped and my personal safety as well. I posted on here before how earlier in my career that an individual with a MD CCW had a loaded pistol in the glove box. When he went to retrieve his registration it fell out on the passenger seat and the situation became tense for a few moments. Once I determined he had a CCW he was released and sent on his way with a warning for the traffic violation. I explained to him that a little heads up would have been nice and he would have not found himself in cuffs for a few minutes. He apologized and we shook hands. I personally can not speak for all LEO's in this state, but I prefer someone tell me that they have a weapon in the car. If the person is a legit, law abiding citizen then I cut them loose with the appropriate paperwork and move on to the next stop. Courtesy is a two way street and goes along way from both sides of the traffic stop. On the same note I have had criminals that should never be in possession of a firearm tell me they are carrying. Once I find out through "questions" that they are a prohibited person then they get a free ride to the pokey.
    If I stop a vehicle that happens to have some form of a 2A sticker on it then I usually end in a casual convestaion with the driver/passengers about firearms and how the firearm laws is this state suck. Unfortuanately, there are a few bad apples in law enforement that will do anything for a stat/arrest, even if they do not necessarily agree with the law that they are enforcing. I will stick with my best partner, which is common sense discretion.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,507
    Westminster USA
    I was stopped going to the OBX first week of July just south of Chesapeake VA. I was definitely speeding (Didn't notice the slower speed posted.) I have a VA NR CCW permit and was carrying my G29. VA has no law requiring notification to LE of CCW. I do it as a courtesy.The first thing I told the officer when I rolled down my window was "officer I have a VA CCW permit and I am carrying" He said "thanks for letting me know." Took my license, walked back to his cruiser, ran my stuff, brought me back my ticket. signed and on my way.Didn't take 10 minutes.

    As stated if a little respect is given, in most cases you'll receive the same. No hassles.

    my experience anyway. I have had no interaction with LE in over 20 years besides 2 weeks ago.
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    once a msp trooper pulled across my lane and blocked me in traffic, jumped out of his car, pointed directly at me and demanded I pull over and shut my car off.

    a couple minutes later he was resting his head on my window sill weeping and saying "im, sorry man" over and over. I just patted him on the head and told him everything would be ok.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,994
    Winfield/Taylorsville in Carroll
    I always wanted to have stickers on my car. But after hearing that yes, a "This vehicle protected by Smith and Wesson" was probable cause for a search. I won't display pro-gun of political stickers. A lot depends on the cop and the judge but I don't need the prejudice. :sad20:

    Well then, they have beat down one more. Do you think the great civil rights movement would have happened if blacks and others were quiet because they didn't need the prejudice or harassment?

    I've been thinking about this lately, and I don't know how I would answer that question. Kind of like when they approach the car and automatically ask "How much have you had to drink tonight?" just because they are pulling me over late in the evening.

    Tempted to say "Officer, if you are asking me a question that could possibly be an admission against interest, then my silence will be a refusal to answer it under the 5th Amendment, but not an admission one way or the other."

    Thing is, I have been pulled over with my NRA Life member sticker on my car, I have been pulled over while coming home from hunting, yet I have never been asked about any guns in the car. Just the "How much have you had to drink" question when I get pulled over at night, which really pisses me off because I don't drink.

    FYI - MSP was out in force last night on I-70 between route 32 and route 27. Took the kids to McDonalds in Mt. Airy and saw 4 separate stops on the east bound side of I-70 on the way there with another officer sitting in the median and then another 3 on the east bound side of I-70 on the way home. Yeah, I drive home at 64 mph the entire way.

    Could it be that they were asking everybody they pulled over the gun question? I know PG did this several years ago as an attempt to crack down on illegal firearm possession.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,994
    Winfield/Taylorsville in Carroll
    Yes it's legal we can ask you anything we want. You gave the officer a reason to stop you. Yes your sticker may have led to the police response. Is it right. I can't answer that not enough details.

    Blackstar,

    Do we have to answer the questions you ask of us, or can we refuse to answer any questions that could be incriminating? What could you do if we refused to answer?

    Even thought about countering the "How much have you had to drink" and "Have any firearms in the car" with "Officer, what was the probably cause for pulling me over?", handing the officer my ID and registration, and leaving it at that.

    Edit to add: I understand that you have a job to do, but I just have a problem with getting pulled over for a work repair order, getting treated like a criminal, and getting an anal probe. It would be kind of like me assuming you are a bad cop as soon as I see you. I also know you have a tough job, but some of us have a tough time dealing with all the rules, regulations, and infringements on our freedom in this state.

    I have to go use the toilet. Let me check the regs on flushing.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,994
    Winfield/Taylorsville in Carroll
    Saw this vehicle on the way home from my parents yesterday and had my wife take a couple pics. If stickers can get you pulled over, she should have been on the side of the road for sure.

    Notice the "Too slow. Too bad." sticker?

    Well, after I passed her she pulled in behind me and was tailgating me. Somewhat hilarious because it was on the two lane section of 29 right as you go from MoCo to HoCo. Made sure to match the speed of the car she was behind, which was "too bad" for her. When it finally opened up to 3 lanes at Rocky Gorge, she flew by me. Then, a MSP trooper came along about 100 yards behind her. Sadly, he did not pull her over because he had to turn into a development right before we got to 32.

    Wonder what would happen if I had an airbrush artist put a bunch of assault weapons and ammo all over the side of my truck? lol
     

    Attachments

    • MdShooters45.jpeg
      MdShooters45.jpeg
      74.6 KB · Views: 345
    • MdShooters46.jpeg
      MdShooters46.jpeg
      107.4 KB · Views: 350

    mac1_131

    MSI Executive Member
    MDS Supporter
    Jan 31, 2009
    3,286
    Yeah not to 2nd guess the OP but I would bet dinner they were MTA PD and not MSP. And there have been some similar situations with MTA PD - they are pretty aggressive on the ICC.
     

    Tyeraxus

    Ultimate Member
    May 15, 2012
    1,165
    East Tennessee
    Regarding traffic stops, searches, and consent, here's the Traffic Stop section of The Illustrated Guide to Law webcomic.

    http://lawcomic.net/guide/?p=1859

    fabsroman said:
    Even thought about countering the "How much have you had to drink" and "Have any firearms in the car" with "Officer, what was the probably cause for pulling me over?", handing the officer my ID and registration, and leaving it at that.

    That's an interesting idea.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    28,492
    Cuba on the Chesapeake
    Well then, they have beat down one more. Do you think the great civil rights movement would have happened if blacks and others were quiet because they didn't need the prejudice or harassment?

    I've been thinking about this lately, and I don't know how I would answer that question. Kind of like when they approach the car and automatically ask "How much have you had to drink tonight?" just because they are pulling me over late in the evening.

    Tempted to say "Officer, if you are asking me a question that could possibly be an admission against interest, then my silence will be a refusal to answer it under the 5th Amendment, but not an admission one way or the other."

    Thing is, I have been pulled over with my NRA Life member sticker on my car, I have been pulled over while coming home from hunting, yet I have never been asked about any guns in the car. Just the "How much have you had to drink" question when I get pulled over at night, which really pisses me off because I don't drink.

    FYI - MSP was out in force last night on I-70 between route 32 and route 27. Took the kids to McDonalds in Mt. Airy and saw 4 separate stops on the east bound side of I-70 on the way there with another officer sitting in the median and then another 3 on the east bound side of I-70 on the way home. Yeah, I drive home at 64 mph the entire way.

    Could it be that they were asking everybody they pulled over the gun question? I know PG did this several years ago as an attempt to crack down on illegal firearm possession.

    What was up with that?

    I was out on the new scoot last night and got on 70 eastbound at the Mt. Airy exit. Between there and 29 there were 7 different car(s) stopped, about half with multiple troopers. Very weird.

    About 7 - 7:30 pm.
     

    FPL53

    Ultimate Member
    Aug 4, 2013
    2,729
    Frederick
    Saw this vehicle on the way home from my parents yesterday and had my wife take a couple pics. If stickers can get you pulled over, she should have been on the side of the road for sure.

    Notice the "Too slow. Too bad." sticker?

    Well, after I passed her she pulled in behind me and was tailgating me. Somewhat hilarious because it was on the two lane section of 29 right as you go from MoCo to HoCo. Made sure to match the speed of the car she was behind, which was "too bad" for her. When it finally opened up to 3 lanes at Rocky Gorge, she flew by me. Then, a MSP trooper came along about 100 yards behind her. Sadly, he did not pull her over because he had to turn into a development right before we got to 32.

    Wonder what would happen if I had an airbrush artist put a bunch of assault weapons and ammo all over the side of my truck? lol

    To me, that car just screams pedophile.
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    Holy chit! I won't live long enough to read and analyze eveything posted in this thread. I am not a bumper sticker type of guy, but my truck is adorned with a 2A, MSI, and MDS stickers. I am not afraid of being stopped, and if it turns out it was because of the stickers that will be a bonus! To all those afraid to wear a badge of a patriot grow some balls!
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,748
    Gaithersburg, Maryland
    Calling the K-9 after you answered 'no' to a search seems like an old trick to bypass the lack of consent and create a probable cause that legally did not exist. A friend allerted me to this trick more than a decade ago after he was victim of it in another state. And they make you wait all the time in the world for the k-9 to further haras you. I would assume some lower courts would have ruled against this already. Maybe a lawyer here might know.

    Nobody can seem to tell what a dog does when it hits on drugs. Is it that the dog sat down? The dog sniffed his ass? The dog licked his balls? The dog starred at the ground for 3 seconds? It appears that it is whatever the cop says it is which is non-specific and completely open to interpretation.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,771
    Sounds like everything was ok. Police can certainly ask questions, and you can refuse the search.
     

    Tyeraxus

    Ultimate Member
    May 15, 2012
    1,165
    East Tennessee
    Nobody can seem to tell what a dog does when it hits on drugs. Is it that the dog sat down? The dog sniffed his ass? The dog licked his balls? The dog starred at the ground for 3 seconds? It appears that it is whatever the cop says it is which is non-specific and completely open to interpretation.

    IANAL. I think sometimes it's similar to an interrogation - the officer is trying to get the suspect to confess or consent to a search. The dog is just another prop. "The dog alerted. You mind popping the trunk so I can see what's in there?" It doesn't matter if the dog actually alerted on anything or not; if you give the officer permission to look in the trunk, he can look.

    That being said, I do think dogs are effective to smell stuff that's there. But even if the dog doesn't smell anything, it's perfectly legal for the officer to lie to you to get consent to search if he's still suspicious.

    Or maybe cops aren't using that technique. If they aren't, and would like to, PM for contact info on where to send the consulting check :rolleyes:
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,994
    Winfield/Taylorsville in Carroll
    What was up with that?

    I was out on the new scoot last night and got on 70 eastbound at the Mt. Airy exit. Between there and 29 there were 7 different car(s) stopped, about half with multiple troopers. Very weird.

    About 7 - 7:30 pm.

    Yep, we were headed to McDonalds at 7:00. After McDonalds we went to Walmart to shop (I had to see what .223 costs). We left Walmart at 8:40 and it was still going strong.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,780
    Messages
    7,295,571
    Members
    33,519
    Latest member
    nexgen98

    Latest threads

    Top Bottom