vehicle search question

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Optical Serenity said:
In fact, remember, if you were pulled over to begin with, you did violate some law. Try and abide by traffic laws and shazam, you won't be stopped.
What's your take on coffee cans OS? :D
 
Ukraine Train said:
In Ohio, when an officer runs your license or license plate registered to you it will show if you have a CCW. So, when I get pulled over and am not carrying I still tell the officer I have a CCW and am unarmed before he even runs my license. A couple times I’ve still been asked if there are any weapons in the car, even though I told him I’m not carrying. This hasn’t happened yet but let’s say I do have guns in the car. In the trunk in a case and unloaded. If the officer asks to see them (to make sure they’re being transported correctly, for example), am I obligated to let him? Or is this the same as him asking to search my car? I know I can decline consent for a search if there’s no probably cause but I don’t know if I have that right when the officer knows I have guns in the car.

The times I've been pulled over I've not been asked about weapons or drugs, but I hear that is common to be asked "are there any weapons or drugs in the vehicle." If asked I would reply that "I have no illegal weapons or illegal drugs in my vehicle."

That is not exactly answering thier question as it leaves out answering about legal weapons and drugs, however that doesnt matter as you are under no obligation to answer any questions anyways, unless your have a concealed hangun liscense and your state laws obligate you to answer certain questions.

If I'm dealing with an officer observant enough to notice what I did and if I were directly asked about legal weapons I may tell them what I have, or I may not and just state something to the effect of "I dont like to talk about my private life or personal belongings with strangers," it would entirely depend on how I feel.

I would also never consent to a search, I've heard horror stories about police officers just tearing apart everything and tossing it all on the side of the road and then taking off leaving the owner to put everything up by themselves.
 
I had just flown back into the country and my buddy picked me up from the airport. I had let him borrow my S&W 629 and he brought it with us when he came to get me. Half way through town I saw an LEO do a 180 and come right up behind us. He light us up and we pulled in to a grocery store parking lot. My buddy and I had our hands on the dashboard by the time he got to the vehicle. He looked in and asked if this was a joke. We replied no sir and informed him of the .44 mag between the both of us. He chuckled and said, "Okay, let's have a look at it." My buddy handed it to him and he said, "Man, that's a nice gun!" He ran the serial number on it and handed it back to us. We went on our way. Come to find out later the officer was the friend of a guy my buddy works with and saw the officer at work the very next day helping out. He got a load of crap for the dashboard thing. Better safe than sorry I guess. ;)
 
First off...Shane, I'm sorry to hear of that story...it sucks.

Perhaps I missed it but thought I read that Optical Serenity said that being rude was uncalled for...not that declining permission for a search without PC was uncalled for. I too am happy to have Optical Serenity's input on this matter and it's nice to hear his side of the story.

Although some of the ideas I've read throughout this thread are a bit extreme in my opinion, I too have a hard time trusting LEO's.

I'll give a couple reasons why:

#1: I was around 17 yrs old (7 yrs ago) and I was on my way home from work at Olive Garden with a friend/co-worker when I get to the outskirts of Huber Heights about 3 miles from my house when the lights of a police car turn on behind me.

Allow me to give you backround information on the area: Like I said earlier, I was on the outskirts of town..but they were building a new housing development on the right side of the road. There was a 55 mph sign in front of the farm house that they had just tore down earlier in the week. The sign had been knocked down either earlier that day or late the night before (seeing as how it was there a day earlier on the way home from work).

Meanwhile I am driving 56 mph after passing where the sign used to be...I hadnt noticed it had fallen down and the car in front of me is going about 65 at least. The lights turn on behind me and I think "boy that sucks for the guy in front of me"...and what do you know...I get pulled over?!!

The officer comes up to my window and asks me where I'm heading in such a hurry. I calmly state "i wasnt aware i was in a hurry sir." He says well you were going 56 in a 35 so that seems pretty fast for me. I mention the speed limit sign that i had just passed and he then states that there hasnt been a speed limit sign anywhere near here for the PAST 5 YEARS!

So I'm a little upset now because he just lied to me for no reason.

I ask "where does it change to 55 then sir for future knowledge?"

He says "at the back of that sign up there." The back of a sign?!!! There isnt even anything written on the back of that sign!

I mean hell....where do they get some of these jerks?

Did I apparently break the law by speeding....I suppose I did since the sign was no longer standing there. Did the police officer need to be a dick and lie to me about it...hell no he didnt. Why would he even choose to pull me over when the guy in front of me is going more than 10 mph faster than me? I just dont get our justice system sometimes.

I went to court for it (since it was 21 over the speed limit even though it would have been 1 mph over the day before) and fought the charge. The LEO was supposed to be there...but lo and behold...he doesnt show up and i get charged anyway.

This story took a lot longer to type than me just telling it verbally...so I'll spare almost all the details of my second story and just give everyone the jist of it.


#2 It was about 35 months ago when I was the DD for my co-workers after a night at the bowling alley after we had all finished our shift. I drive everyone to one guy's house and we all get out after I park. About 15 minutes go by and some (bad part of the neighborhood..) "white trash" girls about the age of 15 and 16 come to the front door and say that I hit their neighbors car. I go outside just to see what they are talking about and they point to this car that I supposedly hit.

Well there were scratches on it...but I didnt do them...the paint didnt even match my car.

I talk to the guy who lives at this house I'm at..and he tells me that these girls are always causing trouble and not to worry about it and just go home. So I take his advice and I go home.

Turns out they call the cops later and my friends all get interrogated and a month goes by and a detective comes to my house and tells me that my car was involved in a hit and run.

I tell him that yes I was there (no sense in lying) but I didnt hit any cars and that my car never had any paint from the other car on it, nor did the other car have my paint on it.

He gives my car a pathetic look-over and says he will be in touch. I tell him my car is used and I am the third owner and show him all the scratches all over the darn thing (it's a 93 mazda 626 btw) but he cares not.

Anyway I am forced to get a lawyer...go to court....the young girls and the neighbor who owned the car had different stories from each other, and their stories also changed when we went back the second day to court.

In the end...i got charged with a hit and run on my license and lost it for 6 months....for something i didnt do. The darn picture of the whole incident didnt even add up or make sense..but the judge still finds me guilty!

So in a month..it goes off my insurance and it will finally go back down!

And you wonder why I dont trust our judicial/legal system.

After all of this I am actually thinking of going into the Police Academy so I can add one more to the "honest law enforment officer" team.

Sorry for the long post,

Quinten
 
Old Dog said:
I still wonder why so many on this forum seem to get pulled over while driving so often. I've been pulled over exactly four times since I started driving in 1975 ...
I have been driving for 12 years now. In that time, I have owned/driven regularly:

1) 1985 Suburban
2) 1968 GTO
3) 1996 Trans Am
4) 1990 GMC pickup (really REALLY ragged out)
5) 2003 Chevy Malibu (company car.....I'd never buy one)
6) 2000 Civic (GF's car....I'd never buy one)

I put about 10k miles on the Suburban
About 30k on the GTO
About 60k on the TA
20k on the Truck
40k on the Malibu
4k on the Civic

The only car I don't have anymore is the Suburban. I have never been pulled over in the Suburban, Truck, Malibu, or Civic. Was pulled over once in the GTO (in the first 15 minutes of having it titled....:) ).

I have been pulled over almost 10 times in the Trans Am. LEO's see it, and think "Hmmm....this is obviously a punk-kid and must be doing something wrong". Granted, a few of those were legit. I was speeding twice, and had my liscense plate bulb out once....but other than that, it was all in the car. For reference, I've had the GTO on the road since '96, and one of the bulbs in the taillight has NEVER worked...and I've never even been asked about it. My truck is probably the biggest POS in my town, and could easily fall into the "Bad cars have bad drivers" category.

That right there is reason enough for me to decline an unwarranted search. Why should I give permission to someone who has already targeted me for simply liking to have a nice looking, relatively fast car? If an LEO can target me simply for driving the car that I do, then I'm sure they will look extra hard during a search for anything out of the ordinary.

Not to mention the fact that they NEVER put anything back where it came from....so I'd have to sit on the side of the road for 20 minutes getting the car someone reasonable to drive again. That's reason enough.
 
A good many years ago, I was stationed at Edgewood Arsenal, Maryland, while I was in the Army. I think the main drag from Edgewood north to Aberdeen Proving Ground was U.S. 40. Whatever the number, it was a 4-lane divided highway, with traffic lights and grade crossings. Speed limit, IIRC, was 45.

My car was a 1966 Rambler American. Dinky 6-cylinder engine, the-speed on the steering column. But -- I had NO HUBCAPS. So one day I was on my merry way from Edgewood up to Aberdeen and a local police officer pulls me over. (Out of state tags = easy mark). Claimed I was doing 15 MPH over the limit, when I was actually doing 5 under ... plus he had just come out of a side road and didn't clock me. He saw the no hubcaps and out of state tags and jumped on an easy mark.

Unfortunately, while there are certainly some honest police officers (and I count a few as friends), there are still a lot like this clown. Years later I encountered another in rural New Jersey. You LEO types can sing that there aren't any bad apples among you until the cows come home, but we "citizens" know better. You LEOs all have a get out of jail card so you have no idea how your brethren in uniform treat the ordinary populace.
 
From reading this thread, it looks like the state of Ohio really sucks when it comes to police abuse.

In 33 years of driving, some in Mass. and mostly in Miss., I have been pulled over probably 5 times for speeding, expired license plate and running a stop sign and only have gotten 2 tickets. (speeding and expired plate)

Never had any trouble with any of the officers. In fact, the Miss. Highway Patrolman was so polite and friendly, I almost said "thankyou" when he handed me the ticket.

Remind me to stay out of Ohio.
 
If you get pulled over.....

Driver's License

Registration

Insurance Card


Nothing more, nothing less.
 
I've been pulled over a lot. Sometimes it was legitimate, sometimes it was not.

I would get pulled over at least once a week when I was 18/19 in Burbank when I would drop my girlfriend off at night. I was never doing anything wrong, they would just hassle me because I was young and it was dark. I was always very nice, and they would send me on my way quickly without a ticket. Still a pain in the ass.

Pulled over once while my license was suspended because one of my headlights was out. I didn't know about either. After they ran my license, they asked if I had any weapons in the car. I explained that there were no weapons, but I had some props in the trunk from the renaissance faire. Excitedly, I hop out and open the trunk, which sprung open more from the force of the contents stuffed in it than the springs. Thirty minutes later, I have a three foot high pile of crap behind my car, and a couple weary police officers. Apparently I had been too helpful, because before I finished, they said I should have my licensed friend drive home, and let us go with no ticket. Keep in mind, this was not a search. I removed contents from the trunk, they were standing a few feet away and I think were scared of what might have been growing in my camping gear.

Riding into work on morning through the Santa Cruz mountains on my big, black bike wearing my leathers. I get pulled over for riding a "Harley with straight pipes". Well, the bike is a Honda, and had mufflers on it. As soon as he said that, I knew he was trolling. When he saw my button up shirt, pressed Dockers, and Honda on the registration, he realized I wasn't going to join his "Bust O' The Month Club". That was a fix-it ticket, which was a nightmare of red tape to get signed off, but didn't cost anything.

On the whole, I've found being nice goes a long way. In California, if you are pulled over by CHP, you will probably get a ticket, but they tend to be really nice. Local police departments vary, some are nicer than others. Sheriffs deputies tend to be unpleasant, however they rarely write tickets. Then again, deputies typically spend a couple years as prison guards before they get to do anything else, and I can see how that might make them a bit rougher.

Oh, and I don't consent to searches.

Todd
Who has done nothing wrong, so doesn't need to be searched.
 
During the 70's in South Salt Lake I got accused of cutting the corner where I worked, while I was at work. Someone on a chopper cut through and proceeded south. My motorcycle was parked in front,engine cold because I had already been there over 6 hours. About 6 cop cars pulled in an accused me of cutting the corner. They refused to check to see if my engine was even warm.
I kept getting accused this "cut through" and going south. After a very heated argument,I finally asked "If I did as you state,how come I am still here?" I then asked,"You tell me how I can be in two places at one time and we are going to win the nobel prize". After that they shook their fingers in my face and said "We're going to let you go this time"
Never did get an apology from any of them. Oh,they had probable cause:I had long hair.
One of these cops is now mayor.....
 
It seems the same thought process that most of us have towards the 2nd amendment carries over to many other areas in our daily lives.

Just like we would fight to keep our gun rights, so too we fight to keep our personal rights.

It seems it is almost like the NRA's concept of "give in to nothing" when it comes to firearms and the struggle they face to maintain our rights to own and carry them.

If we had any kind of less than stellar experience with the law or even heard of one in conversation, our guard is up and we have strong feelings when a search may be involved.

How many long hairs in the 60's got "spiked" during a stop. How many did we hear about, how many may even have been one of us.

That kind of thing stays with us and even if we only heard about an incident, it puts our guard up higher.

I don't think it is a paranoid feeling. That is a strong way of looking at it. It falls short of paranoid in the full sense of the word but it is a mighty influence in our reasoning process and one that can not be denied.

I have dealt with police officers all my working life and I somewhat understand how they operate and how they feel in their profession and personal life. I have experienced may ups and downs with the officers I knew and honestly make every attempt not to put them into one category but like many other things, the bad often overshadows the good. Or to put it another way, one oh sh*t cancels 10 or more attaboys.

I am not suggesting to give up any rights if stopped and I too would probably not want a trunk search for a minor traffic infraction. I would probably say no to one but only because since getting my CHP, I am much more aware of my rights as a citizen than I ever was before and we all know what happens if we give up on our hard fought rights.
 
Growing up, my best friend's dad was a county sheriff, and so was his uncle. They hung out with a number of fellow police officers, and i'd meet them at parties and whatnot. Listening to these people get louder and louder (in "cop voices") telling "fishing" stories about the biggest bust or the stupidest "perp" kind of turned me off to ever trusting these guys as a whole again. I don't hate them as a group, but i wouldn't trust they were looking out for my own personal best interests.

Good cop story: Once i had a catastrophic blowout in the left lane of a 2 lane road, and couldn't get over in rush hour traffic to get on the shoulder. Ended up stopping on the paved median, which meant i had about 1 foot between the flat and the white line. Was having severe reservations about changing the tire with the heavy traffic, and the car had shredded the tire down to the rim. A cruiser pulls up behind me, flips the lights on, and blocks my car from oncoming traffic. Comes over, asks if i have a spare and a jack, and says he'll keep me from being hit. Start changing the tire, and all of a sudden there is light coming over my shoulder. He's holding a flashlight :) So i apologized for not having a belt on, and we chit chatted while i was changing the tire as fast as possible. Thanked him for the help, and he said he'd rather be doing this sort of thing than writing tickets.

Bad cop story: Out of state, i had a major blowout doing 75 in a 75 due to road debris. Managed to get over well onto the shoulder, and broke out the jack and spare. Police officer shows up, asks me why i'm on the side of the road, then asks me for license and proof of insurance. I found it odd, but heh, thats what police ask you. Walked over to the passenger door, grabbed the paperwork from the glovebox and my wallet, and gave it to him. Then he goes into the "do you have any weapons or drugs in the vehicle" line. "Just the tire iron." Asked if i minded if he searched the vehicle. I declined, then asked him where the nearest place i could get a new tire from. I had to pull my luggage out of the back of my s-blazer to get to the jack, and he goes and sticks his head into the back of the truck, and mentioned something about some crime or other with a vehicle and driver matching my descriptions. I just kept changing the tire, and he tried to bait me the full time to let him search the car. Told me the K9 unit was on the way, but once i got the tire on, the jack secured, and the flat on the outside tire mount, i asked him if i could go now. He made me flip on my lights and checked that everything was working, then asked if i had my seatbelt on when the tire blew out. It took me less than 15 minutes to change the tire, and the officer showed up halfway through. Then i was detained for almost 40 minutes "waiting for the k9 to show up." Nothing to hide, but i felt like i was both a victim and a suspected criminal.

"Whatever" police story: Probably 1 in 10 times i drive through wisconsin with my FIB plates, i get a "warning" for speeding. Sometimes, i'm going less than the speed limit. Other times i'm keeping up with traffic and am not the fastest person on the road. The warning doesn't cost me a penny, and they are quick handing over the clipboard for me to sign. And they never ask any questions other than for license and proof of insurance. I'm sure they'd give me a ticket for something or other ("You were driving fast. Real fast." Thought the speed limit was 45, so i told him maybe 2 over (relatively speaking). That was admission of guilt, although the speed limit turned out to be 55.)

And there have been a number of times in both iowa and georgia were i have pulled over at a rest stop to deposit some water into the toilet, only to be greeted by a couple of cruisers and a dog or two. Those are the ones that really scare me, because all i did was pull over to pee and stretch my legs. Those are the "do you mind if we search your car" and "where are you hiding the drugs" stops. I always figured they were looking for something specific (and in iowa, they tend to camp before a safety/drug check on the interstate), and that person isn't me.

Now, the number one group of things i ever did to avoid getting crap from officers (concerning suspicion of drug transportation) was to cut my hair, drive more adult cars (goodbye camaro), stop wearing jeans workboots and tshirts, and start putting my musical instruments in the trunk. I had a lot of interactions with officers between 16 and 22, and they all stopped during the 6 months that the above conditions changed. I have zero moving violations in 20 years of driving, and never once have talked my way out of one. I had a few equipment violations (although those dried up around 22), but i used to get pulled over a lot. I've heard all the cop-outs as to why i've been pulled over (and my favorite is "there was a robbery and the suspect matched your description and was driving a vehicle similar to yours." I read the police blotter in the paper and never see a reported robbery in that time frame or location.)

If i didn't do anything, i do not wish to be treated like a suspect, with the dehumanizing "perp" label. I had to jump through hoops (well, fill out an application and send in a few dollars) to get my FOID, and now i have to jump through hoops to get some sudafed while becoming a suspected meth cook based on the forms i have to fill out. Stuff like that almost makes you want to become a libertarian. I do not consent to searchs, and i do not factor in the potential that i might get off easy for conceding willingly to a search. Even if i was buck naked driving an air mobile (made out of air) around a national park, i wouldn't submit to a search. Then again, if that were happening, they'd probably thing i was on something and have PC to do it with or without my permission. Happiness is never having an officer enter your life. And that includes calling 911 to report vandalism, a robbery, a fight, or a domestic dispute.
 
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