Trust me I spoke to a superior officer. I just can't post the details of that conversation here.Bob Ouellette said:That sucks. At some point, I'd ask to speak to their supervisor. Sometimes people just don't like being told that their wrong.
He actually said "machine gun." I don't recall if I was the one to bring it up or he was, but he said it a couple of times and all I could say when he asked if I had one was, "I wish."thebrasilian said:Bob, Did he actually say machine gun?
Honestly, it's never been a problem for me either until last night.John Canuck said:I've been pulled a few times while armed. I've never informed the officer I was armed, and it's never been a problem.
Frost said:Bob
He sounds like a paranoid rooky.
I have been through a couple of wrecks (both not my fault) and a license check while armed.
I have never had a problem like that.
During the license check I was not questioned about the gun.
In the case of the two wrecks I was asked by the officer (same officer both times) to put the firearm in the trunk "if I did not mind".
I honestly did not mind and did so.
The only one who got upset about the firearms was the guy who hit me the first time.
He kind of freaked out when I pulled them out and put them in the trunk.
I guess people who are armed in Mexico are different...
Clicker said:You've been profiled! Yup at night near America Street they were grasping at straws.
Now on a serious note never give them permission to search you or your vehicle - period. I'm not silly enough to think that the cop will simply say "dang it" and give up the quest when you refuse him access but you have to make him work hard for it.
They will fabricate "probable cause" and conduct the search in the end. However they will know that I didn't simply roll over and let 'em have at it.
John Canuck said:I've been pulled a few times while armed. I've never informed the officer I was armed, and it's never been a problem.
thebrasilian said:John Canuck said:I've been pulled a few times while armed. I've never informed the officer I was armed, and it's never been a problem.
That's a great way to loose your license, gun and spend time in jail. Here in SC you are legally bound to notify an officer upon contact. I really don't recommend not notifying them.
fordnut said:The instructor of your CCW class should have told that the SC Law says...If you have a CWP, you are required to tell LEO's that info, and to present the license even if you are not carying....
The CWP tells lots of LEO's that you have been background checked and your prints are on file...
Lots of LEO's will lighten up when they find this out...
Steve
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
Bob Ouellette said:Frost, if he was that paranoid, I have no idea why he would put his arms through a vehicle window, across someone's body and under their arms to retrieve a weapon. Had I been anyone other than the law abiding citizen I am, that would be the perfect opportunity to attack the officer and have an advantage.
I was pulled over another time and the deputy asked if I would place it in the bed of my truck and I did. However, to search my car for a machine gun or anything else, after I've been compliant and told the officer everything that I had and its location, is completely out of line and a violation of my rights.
I'd hate to be shot by the police with my own gun. That would put a real pile of poop on my day.C_Carson said:Bob Ouellette said:Frost, if he was that paranoid, I have no idea why he would put his arms through a vehicle window, across someone's body and under their arms to retrieve a weapon. Had I been anyone other than the law abiding citizen I am, that would be the perfect opportunity to attack the officer and have an advantage.
Not to mention un-necessary handling of a firearm by an unknown person increases the risk of a ND.
I'm still trying to find out who it was that pulled me over. I will try not to let this further taint my view of the Charleston Police Department, but their record with me is bad and getting worse.I was pulled over another time and the deputy asked if I would place it in the bed of my truck and I did. However, to search my car for a machine gun or anything else, after I've been compliant and told the officer everything that I had and its location, is completely out of line and a violation of my rights.
I'm not a lawyer, but after you told him what you had and where it was, it sounds like implied consent, so to him you waived your 4th amendment right against unreasonable search and seizure.
Document the incident and talk to his superiors.
Does that include concealed weapon permit holders? I think the lesson I've learned is that I'll inform any officers that pull me over for whatever reason that I am a concealed weapons permit holder and leave it at that.fiundagner said:stop and frisk n. a law enforcement officer's search for a weapon confined to a suspect's outer clothing when either a bulge in the clothing or the outline of the weapon is visible. The search is commonly called a "pat down," and any further search requires either a search warrant or "probable cause" to believe the suspect will commit or has committed a crime (including carrying a concealed weapon, which itself is a crime). The limited right to "stop and frisk" is intended to halt the practice of random searches of people in hopes of finding evidence of criminal activity or merely for purposes of intimidation, particularly of minorities.
By identifying yourself as carrying a concealed weapon (the permit could have been a forgery. You'd have to be an idiot to do so, but?), you gave the officer probable cause to carry the search further than a mere ?frisking?. Imperfectly legal, highly controversial, but within the officers power as an interpretation of TERRY V. OHIO, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889. I don?t agree with it, I think it gives police an excuse to violate our amendments, but it is at least semi-legal.