CrueChief
Cocker Dad/RIP Bella
What would be the passengers responsibility to inform, if the leo is basically conducting business with the driver? Should the passenger interrupt things and say by the way I'm carrying?
What would be the passengers responsibility to inform, if the leo is basically conducting business with the driver? Should the passenger interrupt things and say by the way I'm carrying?
What would be the passengers responsibility to inform, if the leo is basically conducting business with the driver? Should the passenger interrupt things and say by the way I'm carrying?
Isn't this stuff taught in CCW class?
This.I would assume that the average LEO holding a radar gun isn't intimately familiar with every law on the books, and probably isn't aware that building your own firearms is perfectly legal, and that a serial number isn't required on them. You might see some extra scrutiny it if ever came up during a stop.
More broadly speaking, one might consider transporting their firearms and gear in such a manner that they aren't easily seen during a traffic stop. You're under no obligation to answer questions, either. Don't lie, of course, but don't volunteer information. Be polite and protect yourself from what might end up being a hassle over perfectly legal activities.
This is all so very true. Cops are human too. So, be civil and respectful. But that doesn't mean that you consent to a search because cops have a job to do too. Just be civil about it. And BTW, under recommended SOP, officers are *supposed* to decide on whether they give a ticket or a warning on the traffic offense as they approach the vehicle prior to any interaction with the driver. But, again, they're only human.
Best statement/answer/explanation on here I've read so far (the first three pages).
I've been a cop for 27 years working in two states. Without going into war story mode, I've dealt with armed criminals, good citizens and off duty cops on traffic stops. A lot. I won't go into detail on stopping armed criminals, as it's irrelevant. However, with the exception of two (2) traffic stops (one with a citizen and the other an off duty cop) all of them went smooth.
The overwhelming majority of citizens and off duty cops have told me they were armed right from the start
I was stopped on 95S, after Maryland lied about seat belts being a secondary offense, and was asked by a state trooper if I had guns in my vehicle.
I said yes. And that was the end of it. Did I have to answer? I don't know.
What I do know is The U.S. Constitution means jack crap when pulled over. The police hold all the cards. So it's yes, sir and no, sir and being on my merry way.
What would be the passengers responsibility to inform, if the leo is basically conducting business with the driver? Should the passenger interrupt things and say by the way I'm carrying?
How do you know?
ED 209 weeps.
But excellent advice.
But this is completely false information.
The US Constitution means EVERYTHING when stopped by the LEO. That is why respectful encounters rarely end in dispare for either side.
I personally made thousands of stops in 24 years... I never violated anyone's Constitutional Rights. And I never allowed a subordinate to do so either. COTUS rights mattered in every one of those stops.
If you believe your rights have been violated... there are lawful means to file a protest. But do NOT attempt to "fight your battle" during the stop.
How do I (we) know what, specifically?
What he is saying is that when a "normal" civilian (i.e. not an ex-cop like yourself) is stopped by a police officer, that officer literally holds all of the cards. They are the one with the gun (for those of us not lucky enough to have a permit). They are the one with the radio and backup if they need it. They are the one who gets to decide the outcome, ultimately. We are the ones who have to sit in the car and bear with whatever the cop decides to do. If he decides to toss my car without PC, I can shout "I don't consent to any search!" as much as I want, but he's got the gun, and he's going to do the search.
Now, I'm not saying that the person being stopped bears no responsibility for how things go - it behooves all of us to be as polite and considerate of the officer as is possible during a stop. Everyone will be better off if we do.
But frankly, if the cop is an *******, or if he decides he doesn't like me, or decides that I'm guilty of something, or that I'm going to catch a bullet, there is not a damn thing I can do about it, in that moment. Constitution be damned, if that cop decides that I'm acting funny and pulls his weapon on me, the existence or nonexistence of the constitution doesn't mean a damn thing.
That's what the other guy was talking about.
That's because you were a good cop. Not all cops are like you.
That's exactly what he was talking about. During the stop, the existence of the constitution means absolutely nothing if the cop decides to be grumpy and things take a turn for the worse. AFTER the stop, the Constitution gives you remedy.
While it may be nice that you saw fit to interpret what "he said"...
It's not what he "wrote".
COTUS rights do matter... in ALL encounters between citizens and LEOs.
It is what he wrote. You're interpreting it, just like I am. You're just interpreting differently than I am.
I would argue that my COTUS rights matter not one whit if the cop decides to put his weapon in my face for whatever reason. In that moment, it helps me not a bit to know that I've got 1st, and 4th, and 5th amendment rights on my side if he decides to twitch his index finger. This is hypothetical, because I've never put myself in a situation where a cop would have felt the need to do that, and again, I'm extremely polite to officers when I interact with them, but that's because I recognize that they hold *all* of the power in that particular moment. Most of the cops that I have ever interacted with have been great guys who are doing a sometimes very shitty job, but there have been a few who have been *total* dickheads, and once in particular I was worried for my own safety at the beginning of the stop, though to his credit that particular cop eventually calmed down, realized that it was a ******** stop that he didn't have any PC for and let me go without so much as a warning.
ED 209 weeps.
But excellent advice.
Carry a box of doughnuts and always saySirShenanigans..