That's why, in most cases, the best answer to the 'any guns' question is "No".
Seems like in this case I would have been pat down and then had weapons draw on me and then cited and/or further detained. At least, that's what I was led to believe.
When the officer asked "Are you armed?" why didn't you say "Yes sir but I have a permit."? You DO have a permit don't you?
I answered yes to being armed and, subsequently, yes to being a permit holder in FL.
No, but they could forcefully enter the vehicle and extract the passenger for refusal to exit
I'm confused about the rights of the passenger. There doesn't seem to be justification here to force a passenger to exit the vehicle. What gives the officer a right to disarm me and my passenger during a traffic stop for speeding when both of us are permit holders with no records? Is it a crime to not disclose that there is a firearm when asked directly? Turns out I don't know my rights in this situation.
ONLY if the person they've stopped is both a) the owner of that car, and b) that car is from FL.
Both of these criteria are true.
Because you DIDN'T lie and DIDN'T behave like a lawyer for the ACLU, you drove away without a ticket and no one was forced to lay face down on the ground. The cop may have been nervous about something, you may have looked like someone, but regardless you were treated with respect and didn't get handed a $250 ticket at the end of the night.
Had you lied and said "no", and he patted you down and felt it, you may have been chewing blacktop while your wife and child gets a gun pointed at them. Then you probably would have been cited for every violation he could think of, charged with making false statements and who knows what else. You may beat the rap but it costs you a small fortune in legal fees. Do you really win in that situation?
I think you did the right thing being honest and you came away on top. A talk with a supervisor from that department couldn't hurt, it may shed some light on why the deputy was so nervous, but "complaints" when you weren't issued a ticket can be taken the wrong way. If you frequent the area, next time you won't be cut any slack.
Just my own thoughts...
These are sound thoughts. Thank you for the level headed view. My primary concern was getting back on the road and I acknowledge that the legalities are often something sorted out on forums and in courts. I was out of my comfort zone and did not have time to think of clever answers so I answered directly and truthfully. I chose not to risk possible arrest and state level child abduction. That said, are these acceptable fears for a citizen committing a speeding violation in the absence of any other criminal record?
I do respect the dangers a traffic stop may present to an officer of the law. I can even understand being disarmed, but going on to disarm the passenger seems irregular. My primary issue is with the disarmament of my passenger, etc.
Why wouldn't they need a warrant to search a passenger who has committed no violation and there is no reasonable suspicion of contraband, drugs, alcohol, or anything but firearms carried within the guidelines set forth in state law?
As you noted, they did appear nervous, and I tried to present myself as calm and professional. At the end of the day things worked out ok for me but it seemed very tense. I do appreciate the partner engaging in small talk and that may have defused the situation to some degree.
Officers constantly stating that lack of compliance means two .40's pointed center of mass at me was threatening and an unnecessary escalation, from my perspective.
You'll note my report is objective and despite my questions I encourage continued discussion of the initial event and analysis of my behavior, the officers behavior, and the rights of drivers and passengers during traffic stops in Florida.