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  • epoxy45

    Member
    May 3, 2018
    10
    Permits?

    We need permits?
     

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    Sid Hatfield

    Member
    Jan 5, 2009
    26
    Police Officer here, one who used to work in Maryland in fact.
    One of the first things I ask when I approach the driver is if they have any weapons or drugs in the vehicle. You'd be surprised by the number of people who say yes right then. And personally, honesty goes along way with me. Typically I secure that weapon and we talk more about why you have it. I usually arrest for that but in some cases I've been known to take them out of their car and make them open their trunk and then the unloaded gun goes in the trunk with a warning not to do it again. That's certainly not department policy anywhere in MD that I know of but I've been doing this for a while and sometimes I cut people breaks depending on the circumstances. (And, no, I'm not going to list why I would/would not arrest.)

    If someone says no and I have reason to do a search and I find it, they go down for it. Still feel bad for the high school teacher who had a Browning Hi-Power that he's bought "on the street" for protection. Found that in his car after he denied it. It was a beautiful FN Belgian gun with WW2 Nazi waffens and he'd paid some guy $200 for it. He went to jail. Actually I don't feel bad for him as much as I feel bad for the Hi-Power that got sent off to the foundry. I always wanted one like that in my collection and I still don't have one. I think he lost his job, too. That's unfortunate because he seemed like a nice guy otherwise.

    Most gun cases I've brought forward the prosecutor talks to me and gives weight to my opinion. If I think that the guy should get a no-jail plea or if I think he should get some time, that's usually the direction the case goes. The bigger cities like Baltimore or Fredrick, they're going to do what they want to do regardless and the nice guy from out of town with a clean record tends to get hammered harder and reported to the media as proof that they're prosecuting gun crimes even though local mutts with lengthy records are getting their cases pled down or dismissed regularly. Drove me nuts.

    Bottom line though, it's not worth it. You're almost certain to get arrested, get charged, spend money, get stressed and lose the gun forever even if the case goes away, which it probably won't. A lot of them do get pled down to misdemeanors but that's still on your record and you'll probably get some probation and additional costs for that too. But on the hard end, felony prison time is possible and does get handed out to even first-timers depending on how the judge and prosecution are feeling.
     

    [Kev308]

    Ultimate Member
    MDS Supporter
    Jan 23, 2020
    3,817
    Maryland
    You don't need PC to ask consent. That's why it's a consent search. You're asking for permission.
    Most people don't have the balls enough to just say no and then shut up.

    Your original stop (Speeding, etc..) has to be over (Your ID given back and free to go) before they can ask consent.
    While getting your info they can ask if you have any contraband in the vehicle(you don't have to answer) but most will say no.
    So when he gives you your ticket and ID he will say " Since you said you didn't have any contraband, you don't mind if I search your vehicle do you?".
    Yes you do mind. And then it's time for you to leave and shut up at that point. Do not get into the conversation. You are free to go.
    I was in PG late one night with a group of friends and the cop did the same thing but phrased it in a way that when I replied I basically gave consent while at the same time meaning no. He said, "great!" and started opening my door and I held it closed. It turned into a tug of war with my door and I kept repeating ," I do not give consent! I do not give consent!" Him and his partner put everyone on the curb and me in handcuffs and searched the car anyways. I`ve had a few incidents like this play out in my younger years. Now I just shut up and don't play the game.

    Edit: I will add I got pulled over by an unmarked car that was sitting at a green light and I honked at it. Then sped around when he drove 15 mph in a 40 zone. Everything about it was dirty. Just baiting people looking for DUI's
     

    Dave M

    Active Member
    Jan 27, 2013
    362
    Pa.
    As said this shouldn't even be an issue. 2A says it all. I say take the armed security guards away from the higher then mighty God himself Dems and Rhinos and make them dial 911 when they are robbed, beaten or even raped. Then and only then will they understand the importance of a good guy with a firearm. Half the problems in Merryland or Bulletmore would be solved if it was a right to carry state and then maybe the thugs would think twice before approaching someone to do harm.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,893
    Do I have a weapon? I'm driving a 3000 pound vehicle capable of exceeding 100mph, but I am the weapon.

    Doubt that would go over, though. Might be enough to avoid a search without answering the question, though "Am I being detained" should be sufficient. Though I suppose that too depends on the jurisdiction.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,824
    Bel Air
    Police Officer here, one who used to work in Maryland in fact.
    One of the first things I ask when I approach the driver is if they have any weapons or drugs in the vehicle.

    I got pulled over once and was asked the same think. I answered “yes”. The cop laughed....when I handed him my carry permit and medical license.
     

    Sid Hatfield

    Member
    Jan 5, 2009
    26
    "Am I being detained" should be sufficient.

    My stock answer: "Yes. You are."

    We both know that I just pulled you over. Why even ask? I mean, you're grown so do what you want, but coming right out of the gate with challenges to the officer's authority probably isn't going to make the encounter go in the direction that you'd like it to go in. Odds are real good that I don't know you and in that first 30-60 seconds I'm sizing you up to see if you strike me as a good-guy/average citizen or a possible bad guy with something to hide. If you're not a bad guy, just be a normal person and we'll both be going our separate ways in short order.
     

    MaxVO2

    Ultimate Member
    MDS Supporter
    My stock answer: "Yes. You are."

    We both know that I just pulled you over. Why even ask? I mean, you're grown so do what you want, but coming right out of the gate with challenges to the officer's authority probably isn't going to make the encounter go in the direction that you'd like it to go in. Odds are real good that I don't know you and in that first 30-60 seconds I'm sizing you up to see if you strike me as a good-guy/average citizen or a possible bad guy with something to hide. If you're not a bad guy, just be a normal person and we'll both be going our separate ways in short order.

    *****Very reasonable response IMO. I don't understand people who are deliberately confrontational with a peace officer, especially when they know they are being pulled over for speeding, or doing a smoky burnout and know they have weed or an unregistered illegal firearm in the car, open container of alcohol, etc.. Why make things harder on oneself by being deliberately confrontational with someone who is enforcing laws that you have clearly broken?

    I've had the misfortune of being a passenger in a car where the driver is pulled over and immediately challenges and confronts the officer over the stop knowing full well they were pulled over for driving like an ass. A minor inconvenience for being pulled over with both you and the officer going your separate ways quickly now becomes your car being impounded, multiple fines, resisting arrest and going to jail for the night.

    Some people are just stupid, and make things harder on themselves and then try and blame everyone else but themselves for doing monumentally stupid things. Everyone makes mistakes, but arguing and being beligerant and deliberately combative is probably not going to end well for the person if they get pulled over.

    Some people are just not wired right I guess.
     

    ADR

    Ultimate Member
    Aug 17, 2011
    4,171
    *****Very reasonable response IMO. I don't understand people who are deliberately confrontational with a peace officer, especially when they know they are being pulled over for speeding, or doing a smoky burnout and know they have weed or an unregistered illegal firearm in the car, open container of alcohol, etc.. Why make things harder on oneself by being deliberately confrontational with someone who is enforcing laws that you have clearly broken?

    I've had the misfortune of being a passenger in a car where the driver is pulled over and immediately challenges and confronts the officer over the stop knowing full well they were pulled over for driving like an ass. A minor inconvenience for being pulled over with both you and the officer going your separate ways quickly now becomes your car being impounded, multiple fines, resisting arrest and going to jail for the night.

    Some people are just stupid, and make things harder on themselves and then try and blame everyone else but themselves for doing monumentally stupid things. Everyone makes mistakes, but arguing and being beligerant and deliberately combative is probably not going to end well for the person if they get pulled over.

    Some people are just not wired right I guess.

    I'm glad some folks understand. :thumbsup:

    I'm not a big citation kinda guy unless I feel it's absolutely necessary but I damn sure will write them when it is. Usually when someone decides they want to argue I tell them very calmly that I won't argue the stop on the side of the road but since they insist in having a debate, I'll make it a citation instead of a warning so they'll have their opportunity to argue in court.
     

    CodeWarrior1241

    Active Member
    Sep 23, 2013
    827
    Lutherville
    My stock answer: "Yes. You are."



    We both know that I just pulled you over. Why even ask? I mean, you're grown so do what you want, but coming right out of the gate with challenges to the officer's authority probably isn't going to make the encounter go in the direction that you'd like it to go in. Odds are real good that I don't know you and in that first 30-60 seconds I'm sizing you up to see if you strike me as a good-guy/average citizen or a possible bad guy with something to hide. If you're not a bad guy, just be a normal person and we'll both be going our separate ways in short order.
    From a few posts ago - is seeing that a Virginian with a carry permit is who you pulled over from their tags - considered probable cause in MD? Such that you don't need the driver's aquiescence of the search?
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,893
    My stock answer: "Yes. You are."

    We both know that I just pulled you over. Why even ask? I mean, you're grown so do what you want, but coming right out of the gate with challenges to the officer's authority probably isn't going to make the encounter go in the direction that you'd like it to go in. Odds are real good that I don't know you and in that first 30-60 seconds I'm sizing you up to see if you strike me as a good-guy/average citizen or a possible bad guy with something to hide. If you're not a bad guy, just be a normal person and we'll both be going our separate ways in short order.

    I understand your position, but I can't see why I should even answer a question of "do I have a weapon" if I'm pulled over for a routine traffic stop. Rather than lie (if it was the case that I had one) it would be preferable to either deflect the question or refuse to answer.

    I don't think that a routine traffic stop should be turned into a fishing trip, yet you seem to think that it's OK, unless I'm misreading the thrust of your post.

    Could you clarify the circumstances wherein you feel that that question is appropriate?

    (I should probably mention that I was asked this, one afternoon on my way to work, by an officer who pulled me over for rolling a stop sign. I was 68 years old at the time, and I couldn't understand what grounds he had to open that line of questioning).
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    My stock answer: "Yes. You are."

    We both know that I just pulled you over. Why even ask? I mean, you're grown so do what you want, but coming right out of the gate with challenges to the officer's authority probably isn't going to make the encounter go in the direction that you'd like it to go in. Odds are real good that I don't know you and in that first 30-60 seconds I'm sizing you up to see if you strike me as a good-guy/average citizen or a possible bad guy with something to hide. If you're not a bad guy, just be a normal person and we'll both be going our separate ways in short order.

    Ok... here's a question. For the most part (except for a couple of localities) it is perfectly legal in MD to carry an unloaded long gun in your vehicle so long as it is unloaded. I typically do. I have always been polite and professional in my few limited traffic stops and I have yet to be asked by a LEO (except by an MP on a military base) if i was carrying a weapon in the car. But if a LEO is going to ask me if I am carrying a weapon in the vehicle, right out of the gate, what would be the best course of action? I'm not going to lie, but I also don't want to instantly give the LEO cause to search my car and further detain me. I am likely to give a truthful but evasive response like, "There is nothing illegal in this vehicle". Probably any officer worth his salt is going to drill down on that, but that is probably all the info I'm going to provide. I'm never going to voluntarily consent to a search. My guess is I'll still wind up sitting on the curb while they toss my trunk, but it won't be because I consented or lied.
     

    willtill

    The Dude Abides
    MDS Supporter
    May 15, 2007
    24,498
    Ok... here's a question. For the most part (except for a couple of localities) it is perfectly legal in MD to carry an unloaded long gun in your vehicle so long as it is unloaded. I typically do. I have always been polite and professional in my few limited traffic stops and I have yet to be asked by a LEO (except by an MP on a military base) if i was carrying a weapon in the car. But if a LEO is going to ask me if I am carrying a weapon in the vehicle, right out of the gate, what would be the best course of action? I'm not going to lie, but I also don't want to instantly give the LEO cause to search my car and further detain me. I am likely to give a truthful but evasive response like, "There is nothing illegal in this vehicle". Probably any officer worth his salt is going to drill down on that, but that is probably all the info I'm going to provide. I'm never going to voluntarily consent to a search. My guess is I'll still wind up sitting on the curb while they toss my trunk, but it won't be because I consented or lied.

    Probably. IMHO If they REALLY want to search it, they'll search it. They'll manufacture up probable cause and go to town.

    If I'm going to/from the range and get pulled over; and asked if I have any weapons, the reply will be in the affirmative; followed by the reason. No idea if that'll would defuse the LEO's further intentions to search my vehicle. It would go badly if I lied and they manufactured probable cause and went ahead with the search.
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    Probably. IMHO If they REALLY want to search it, they'll search it. They'll manufacture up probable cause and go to town.

    If I'm going to/from the range and get pulled over; and asked if I have any weapons, the reply will be in the affirmative; followed by the reason. No idea if that'll would defuse the LEO's further intentions to search my vehicle. It would go badly if I lied and they manufactured probable cause and went ahead with the search.

    But now you will be able to just defuse the situation with your new smile. Good luck with the dentistry by the way!
     

    brownspotz

    Ultimate Member
    Oct 22, 2013
    1,765
    Probably. IMHO If they REALLY want to search it, they'll search it. They'll manufacture up probable cause and go to town.

    If I'm going to/from the range and get pulled over; and asked if I have any weapons, the reply will be in the affirmative; followed by the reason. No idea if that'll would defuse the LEO's further intentions to search my vehicle. It would go badly if I lied and they manufactured probable cause and went ahead with the search.

    I've been in that situation, leaving agc get pulled over/ flagged to pull over, 2 state troopers,one at passenger window and one at driver window. they can clearly see the target stands in back of wagon. they inquire what's in bags, I tell them firearms. they check my info and tell me to come to a complete stop at the stop sign next time. yes sir and respect does go along way. I didnt get a wooden shampoo or get arrested.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,542
    Glen Burnie
    Police Officer here, one who used to work in Maryland in fact.
    One of the first things I ask when I approach the driver is if they have any weapons or drugs in the vehicle. You'd be surprised by the number of people who say yes right then. And personally, honesty goes along way with me. Typically I secure that weapon and we talk more about why you have it. I usually arrest for that but in some cases I've been known to take them out of their car and make them open their trunk and then the unloaded gun goes in the trunk with a warning not to do it again. That's certainly not department policy anywhere in MD that I know of but I've been doing this for a while and sometimes I cut people breaks depending on the circumstances. (And, no, I'm not going to list why I would/would not arrest.)

    If someone says no and I have reason to do a search and I find it, they go down for it. Still feel bad for the high school teacher who had a Browning Hi-Power that he's bought "on the street" for protection. Found that in his car after he denied it. It was a beautiful FN Belgian gun with WW2 Nazi waffens and he'd paid some guy $200 for it. He went to jail. Actually I don't feel bad for him as much as I feel bad for the Hi-Power that got sent off to the foundry. I always wanted one like that in my collection and I still don't have one. I think he lost his job, too. That's unfortunate because he seemed like a nice guy otherwise.

    So, what was your PC to search this vehicle? Someone answering "no" to a question isn't.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,542
    Glen Burnie
    My stock answer: "Yes. You are."

    We both know that I just pulled you over. Why even ask? I mean, you're grown so do what you want, but coming right out of the gate with challenges to the officer's authority probably isn't going to make the encounter go in the direction that you'd like it to go in. Odds are real good that I don't know you and in that first 30-60 seconds I'm sizing you up to see if you strike me as a good-guy/average citizen or a possible bad guy with something to hide. If you're not a bad guy, just be a normal person and we'll both be going our separate ways in short order.

    "Respect your authority". How long have you been a cop? No one respects any cop who says he has AUTHORITY.

    Write the fvcking citation and be on with it. Why do you have to "Size up the driver" on every stop, unless you are in some thug ridden area and that's what you do. You know who to try to "size up" and who not to.

    No one is obligated to answer your drug or gun question.
     

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