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First Traffic Stop With a Gun on my Hip!

M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
Howdy Folks!
Despite the fact that I haven't any blemish on my driving record for the past 7 years, I thought I'd have one tonight.

I just returned from the bank, where I made a late night deposit. As I was returning home, I drove through the intersection of Chambers and 6th ave and was surprised to have those blue and reds pop on behind me. I immediately hit my right turn signal and pulled over to the shoulder.

The Aurora P.D. officer came to the car and I asked "What did I do, officer?" The question was asked because I purely had not the first clue why he was stopping me. The officer asked for my license, registration and insurance. Since my wallet was laying on the set next to me (because I just got done at the bank and all) I already had it in my hands when he stopped me. "I have my concealed carry permit here too, and I am armed." This was something that got his attention. "Where is your handgun now?" he asked. "It is on my left hip." The officer shined his flashlight down at my belt and could see my XDm .40 holstered in cross-draw fashion, which I tend to favor anyhow.

He took my license and other documentation and said "I'm just going to review your documents and ask that you don't exist the vehicle because you are armed, and keep your hands visible when I return, okay?" I replied "I am not a threat to you or anybody else officer. My handgun is defensive, and I carry it to prevent threats to me." He said "I'll be right back sir. Just give me a minute."

At this point, I still had no idea why I was pulled over. The light at the last intersection was red when I approached it, but I did stop. I waited for it to turn green, and no sooner did I move forward than he hit the lights. Obviously I wasn't speeding, so I truly had no clue why I was sitting on the shoulder, waiting for a policeman to return my paperwork.

Finally he returned, and said "The reason I stopped you is because you have a headlight out. I'm not going to write a ticket, but just warn that you need to get that taken care of."

Something about Subarus, they tend to burn out headlights. My wife has a Subaru, and so do I. In fact, you'd be hard pressed to tell them apart. And both of them seem to eat headlights for breakfast. At least once a month, I'm replacing one of the other. I mentioned that to him and he told me he has a vehicle that does the same thing.

As he handed back my license, registration and insurance information, he said "I really appreciate the way you handled yourself in this stop. You let me know you are armed, and cooperated with my request to stay in the vehicle and keep your hands visible. I want to thank you for handling things as you did!"

I was surprised he'd say that, and pleased that I wasn't getting a ticket too! So, being a good sort of guy, I replied... "Well sir, I'm one of those law abiding citizen sort of people who carry for self defense. After all, you guys cant be everywhere. By the way, what sort of sidearm do you carry?"

He told me he carries a Glock and we had a moment of discussion about handguns until we parted company. I drove home and sat myself down in front of the computer to tell this tale.

And I will admit, freely and of my own volition... I was nervous. I don't get stopped much, and it felt like an extraordinary situation to me. Yeah, I was nervous and told that to the police officer as I fumbled for documents. He seemed to take it in stride that I ain't much accustomed to being stopped. He appreciated the manner that I handled this traffic stop, and to be honest, I really appreciated his in return.

Now I'd better get another headlight before my next midnight outing in the wife's car!!!

Blessings,
M-Taliesin
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
More wonderful interference from the state.

This was a fishing expedition. The proof is in the pudding. If the cop wants to warn a motorist about a burned out headlight, he doesn't have to demand to see the motorists license and registration. The officer could just say, "Please fix the headlight, sir. I've got a Subaru that does the same thing, so I understand." He was fishing for more.

Nor does a burned out headlight necessitate leaving the citizen in mystery as to why he was stopped until mid-way through the seizure. Probably some cop "thing" to keep people off-balance. The height of disregard for a citizen. "You just stop when I hit the lights. Yours is not to reason why; yours is only to comply. We're not going to have any uppity citizens making up their own minds about whether the seizure is lawful."
 
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M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
More wonderful interference from the state.

A warning for a burned-out headlight does not require handing over license and registration and whatnot.

Howdy Citizen!
Is there something that I can read that confirms that I am not required to produce license and registration? I'd surely like to know where that may be found so I can use it next time I get stopped for something of that ilk. And would such be the case in Colorado? What specific requirements must I comply with during a traffic stop anyhow?

My problem is simple. I just don't get stopped. I don't speed (ordinarily), don't violate traffic laws, and have a clean MVR plus over 8,000 safe driving hours as documented by my employer. So I don't know what specifics I must adhere to when stopped.

As to his initial failure to answer my question, yes, that was disconcerting. If I am stopped, I want to know why I am being detained at the outset.

Thanks for any insight you might provide, especially specific statutes that might apply to a traffic stop in Colorado.

Blessings,
M-Taliesin
 

O2HeN2

Regular Member
Joined
Jan 23, 2012
Messages
229
Location
Colorado Springs, Colorado, USA
Since headlights these days can be replaced by hand, I keep spares with me in the car. Cheap insurance plus I hate driving with only half the lighting available to me. I figure no better way to defuse a ticket than to fix the issue with the office standing there (haven't had the chance to test this theory out, however).

As for license and registration, if you're driving, you have to hand them over. Both are instruments of generating revenue (albeit small) to maintain the public road you're driving on. Can't find it in the CRS at the moment, however.

Before the but, but, buts start: For a vehicle that never leaves private property: No license or registration required, nor be produced. If your vehicle is on private property (let's say a 7-11)? Well, lets just say unless you can convince the officer that it was trailered (not just towed) there, yhea, you're gonna have to cough 'em up because you probably drove on a public roadway to get there :)

And yes, once he had your license in had he went on a fishing expedition by running it for wants an warrants.

O2
 
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M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
And yes, once he had your license in had he went on a fishing expedition by running it for wants an warrants.
O2

Howdy Pard!
Seems like he should have suspected the fish were not biting the minute he saw my CCW permit, which is tethered to my driver's license. After all, the issue date is like 9 months ago, and the likelihood that I've gone on a crime spree are fairly slim considering I went to all the trouble of getting a CCW to begin with! In fact, he'd have known I have a CCW the minute he stopped my car. First thing an officer does is to run the plate. The plate will indicate the owner is a CCW holder. Granted, it was my wife's car, but the CCW he had in his hands was mine! (my wife also a CCW carrier.)

Point being, if he was fishing, it should have been obvious right up front that we weren't biting!

Blessings,
M-Taliesin
 

mahkagari

Regular Member
Joined
Apr 28, 2009
Messages
1,186
Location
, ,
n fact, he'd have known I have a CCW the minute he stopped my car. First thing an officer does is to run the plate. The plate will indicate the owner is a CCW holder.

There's some question on that in CO. I think it depends on the county you get your CCW.
 

SovereignAxe

Regular Member
Joined
Jul 29, 2011
Messages
791
Location
Elizabethton, TN
Let me guess, you have a 3rd gen (2005-2008) Outback or Legacy? My brother in law has a 2005 and he has the same complaint.

I have a 2000 Outback and haven't had this problem at all. I've had the car for almost 2 years now and I haven't changed the headlights once, so I think it's exclusive to those years.

Also, I suspect they've been in there quite a while as they seem to be awfully dim these days (while the fog lights, which I think take the same bulb, are plenty bright). I'm thinking about changing mine out before they go out just because I want them bright again :rolleyes:
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Howdy Citizen!
Is there something that I can read that confirms that I am not required to produce license and registration? I'd surely like to know where that may be found so I can use it next time I get stopped for something of that ilk.

My fault. I wrote that poorly. No, you'd better hand over license, registration, and if required, proof of insurance.

Please permit me to re-state.

Warning someone about a burned out headlight does not require checking his license and registration, nor searching multiple databases for warrants, parole violations, etc., etc., etc. That is to say, the cop doesn't have to go through all that merely to warn someone about a burned out light.

I went back and rewrote the earlier post to clear up and prevent the same misunderstanding happening to others.
 
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M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
Let me guess, you have a 3rd gen (2005-2008) Outback or Legacy?

Howdy Amigo!
My car is a 2002 Legacy. Unfortunately for the theory, my wife's is a 1997 Subaru Legacy. I almost thought you nailed it right on the head, until I remembered that I was driving the wifey-mobile last night.

Speaking of which, I need to go to the bank later tonight, and I'll be taking her car again! Fortunately, she got that bulb changed today!

To be honest, I am now certain that the bulb burned out while I was going to the bank or returning from it. I know this because when I came home from my day job, she pulled out of the driveway so I could pull mine in. Both headlights were lit at that time, and we didn't go anywhere after that except for my adventure later with the cop after I'd made a deposit to the bank.

In other words, I could not have known my headlight was burned out because it must have happened during my trip to the bank and back, the middle of which got me stopped by a cop.

Blessings,
M-Taliesin
 

Deserteagle8338

Regular Member
Joined
Nov 30, 2011
Messages
104
Location
CO
More wonderful interference from the state.

This was a fishing expedition. The proof is in the pudding. If the cop wants to warn a motorist about a burned out headlight, he doesn't have to demand to see the motorists license and registration. The officer could just say, "Please fix the headlight, sir. I've got a Subaru that does the same thing, so I understand." He was fishing for more.

I for one fully support and am glad that cops demand ID from people. Its how we actually find and catch criminals. Get over it.
 

JamesB

Regular Member
Joined
Jan 13, 2010
Messages
703
Location
Lakewood, Colorado, USA
That's right. It's up to the Sheriff to put CHP info into the database...All I know is that El Paso County doesn't do it, pretty sure Teller doesn't either but as for the rest of CO counties, I have no idea.

Effective July 1st. last year, the database was required to be disabled by law. The original bill that created it in '03 had a sunset clause.
 

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
I for one fully support and am glad that cops demand ID from people. Its how we actually find and catch criminals. Get over it.

Wrong. The police catch criminals (when they actually do) by investigating actual crimes against persons or property, not by stopping the general population on pretexts to try to catch the .00001% that either have a warrant out or are holding some type of contraband they are too dumb to conceal.

By your logic, why don't cops just strip-search every person they come into contact with? After all, that would surely uncover some criminal activity!

:rolleyes:

Go take your naked statism elsewhere, jackboot.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
Fishing expedition, pure and simple. He should have told you immediately why he stopped you and the worst you could have gotten was a 'Fix it" ticket, not a citation. Any court would throw out a ticket for something that could have happened without your knowledge 3 minutes before the cop saw it, assuming you could show you repaired it the next day. You also had no duty to say squat about the gun, as a loaded, open or concealed handgun is completely legal in CO without a CCW in your vehicle. It worked out ok for you, which is good, but don't think the cop did you any favors.
 

Deserteagle8338

Regular Member
Joined
Nov 30, 2011
Messages
104
Location
CO
Wrong. The police catch criminals (when they actually do) by investigating actual crimes against persons or property, not by stopping the general population on pretexts to try to catch the .00001% that either have a warrant out or are holding some type of contraband they are too dumb to conceal.

By your logic, why don't cops just strip-search every person they come into contact with? After all, that would surely uncover some criminal activity!

:rolleyes:

Go take your naked statism elsewhere, jackboot.

You know nothing about police. Stop wasting our time and go back to minding your own Idaho business.
 
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