Hi all very new here but after researching a lot of info on this site I had a incident that I'm not sure if it was legal or not. Reading other post on here I will try not to give that much info. Out celebrating a birthday with friends, there's an altercation (birthday boy had 1 too many) and we are asked to leave. Before we get to our vehicle we are intercepted by the local PD long story short I allowed police to search the vehicle. My firearm is in the trunk in its case, they field strip it and place it throughout the vehicle and tell us to leave. I originally thought it was legal but after researching here I'm thinking it might have been a violation of my rights.....
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Had an officer field strip my weapon....
- Thread starter studious
- Start date
Fallschirjmäger
Active member
It wasn't the "right" thing to do but you suffered no damages aside from the time needed to reassemble your property. There are no damages to recover and since no actual law was broken by the officers there's no way they're going to be reprimanded.
The only take-away from this is - stand up for your rights and don't acquiesce to any requests from the police to search your vehicle. You never know what a friend may have dropped in negligence or panic at being stopped by the police.
The only take-away from this is - stand up for your rights and don't acquiesce to any requests from the police to search your vehicle. You never know what a friend may have dropped in negligence or panic at being stopped by the police.
911Boss
Member
Not even to your car when "intercepted"? Why on earth then would there be any reason to be concerned or ask for a consensual search? Absolute fishing expedition.
No way I would consent to a search for such a contact. Absolutely unnecessary and irrelevant to the matter at hand.
I have had good contacts and bad contacts with LEO. I prefer not to roll the dice and hope for a good one. I am guessing they left prior to your collecting gun parts?
So after the thug in the alley sees what happened and watches them drive away, then steps from the shadows to rob you, you think they will step up and take responsibility for taking away your chance to defend yourself?
What agency was this? Probably not much would come of it, but I would still make a complaint. Consent to search is not consent to seize and disassemble. They would have a pretty difficult time making a case for "Officer Safety" on a gun not in your immediate physical possession, cased, and in a locked trunk.
Every time "cooperative" folks like you consent to such BS it emboldens them to further trample the rights of law abiding folks.
No way I would consent to a search for such a contact. Absolutely unnecessary and irrelevant to the matter at hand.
I have had good contacts and bad contacts with LEO. I prefer not to roll the dice and hope for a good one. I am guessing they left prior to your collecting gun parts?
So after the thug in the alley sees what happened and watches them drive away, then steps from the shadows to rob you, you think they will step up and take responsibility for taking away your chance to defend yourself?
What agency was this? Probably not much would come of it, but I would still make a complaint. Consent to search is not consent to seize and disassemble. They would have a pretty difficult time making a case for "Officer Safety" on a gun not in your immediate physical possession, cased, and in a locked trunk.
Every time "cooperative" folks like you consent to such BS it emboldens them to further trample the rights of law abiding folks.
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JoeSparky
Centurion
+1 on the statements provided above by 911Boss!
Sharpender
Regular Member
Exactly what I was thinking.
Citizen
Founder's Club Member
Unfortunately, no.
The Fourth Amendment doesn't protect against all searches. It only protects against unreasonable searches. And, courts have ruled that when a citizen consents to a search, it automatically becomes a reasonable search. So, based just on what you report here, the search did not violate your rights.
However, there are few factors involved in the consent. For example, if there was intimidation or coercion involved in obtaining the consent, then the consent would not be valid. Also, if there was an unlawful seizure of your person, the consent to search could be invalidated. These are areas of law of which I am less familiar. Plus, we might need more information posted than is smart for you to post. But, if you feel violated, maybe its because you were. You'll have to look into it yourself at the link below.
You can learn more about consent converting an unreasonable search into a reasonable search in the FlexYourRights videos linked below. And, there are a couple court cases that discuss consent at the same link.
http://forum.opencarry.org/forums/s...-Your-4th-and-5th-Amendment-Resources-Here!!&
Jeff Hayes
Regular Member
Did you get all the parts back, were any of the parts damaged, did he scratch anything? Those are all things that could have happened.
Next time do not consent to a search, the Cop is only asking because he does not have a legal reason to search so he needs you permission and you voluntarily gave it to him. I knew a preacher way back when I lived in Kalifornia that allowed a Cop to search his car because he had noting to hid and the Cop came up with a baggy that had 100 cross tops from the back seat. The preacher went to jail, later the pills were tested and no drugs were found. It took about 9 months to work its way through the court system, his reputation was damaged. He never did figure out whether the Cops planted the fake drugs or the fake drugs dropped out of someone's pocket that had rode in his car.
Another thing to keep in mind is if you know you are going to have contact with a Cop do not walk toward your car or simply walk on by the car ignoring it as you pass.
Next time do not consent to a search, the Cop is only asking because he does not have a legal reason to search so he needs you permission and you voluntarily gave it to him. I knew a preacher way back when I lived in Kalifornia that allowed a Cop to search his car because he had noting to hid and the Cop came up with a baggy that had 100 cross tops from the back seat. The preacher went to jail, later the pills were tested and no drugs were found. It took about 9 months to work its way through the court system, his reputation was damaged. He never did figure out whether the Cops planted the fake drugs or the fake drugs dropped out of someone's pocket that had rode in his car.
Another thing to keep in mind is if you know you are going to have contact with a Cop do not walk toward your car or simply walk on by the car ignoring it as you pass.
MSG Laigaie
Campaign Veteran
You saw the dog poop and stepped in it anyway. This time nothing was there to stick (must have been my passengers pipe). They went looking for a reason to arrest you and did not find anything of merit. Lesson learned. No fault to you mate, they got over on you. Next time you will be Armed with the knowledge that you do not have to put up with the cr@p. Cool.
And Welcome to OCDO.
And Welcome to OCDO.
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hermannr
Regular Member
Oh, never consent to a search of your vehicle...make them get a search warrent...If they think they can.
I'm not sure they did not violate any laws when they stripped your pistol, even though I cannot think of a specific law or court ruling...I think that is taking their "safety" a bit far.
quick followup
After reading all the responses, yeah they got over on me this time. I'm just gonna count my blessings and move on.
So we were at a bar in Bellevue celebrating my friends birthday. He had a few too many and tried to renter the bar to retrieve his debit card that he left, the doorman wouldn't let him in so once he grabbed the handle security immediately rushed him. They handed him over to me because they realized he was inebriated and no threat, as we are walking in the parking garage to his vehicle (I was the DD for the evening) BPD told us to have a seat, they were already in the area as the bar was closing for the night. They check our ID and I explain to them the entire situation, once the realize I'm the sober one they are no longer interested in me they pull my inebriated friend to the side and try to intimidate him (3 officers asking him questions at once). I keep an eye on the situation because I can tell my friend is getting aggravated and confused on whats going on. This is all happening as people are walking to their vehicles from the establishment. I plead with the officers that it's my friends birthday and he had a few and needs to get home, they decide to stall the situation even longer. They ask him where we are parked, what kind of car is it, and is there a gun in the vehicle he answers yes. They then ask if they can search the vehicle he tells them i have the keys and they take them from me. After the quick search they comeback and tell me that they took the gun apart and put it throughout the vehicle and if we don't want to go to jail we better leave immediately. I'm just glad that they said we were free to go, as we get into the vehicle my friend realizes he wasn't given his wallet, ID and cell phone back. I tell him to stay put and I'll ask them if they have it. As I get back out I noticed the 3 officers that tried to intimidate him where hiding behind the concrete columns with their pistols drawn (as if i could find/reassemble my firearm within 30 seconds) as I ask the officers if they have his stuff they yell no and tell me to leave as I get back in vehicle one of the officers runs up and gives me his property. When we got home I found that they took the bullets of out the magazines (2), hid 1 magazine under the passenger seat, put the barrel in the armrest and left the rest in the case in the trunk. After thoroughly disabling my firearm why did they feel it was necessary to have their pistols drawn? Just to create a show for the patrons leaving is my guess.
As I said above I'm just glad that I was able to go home to my family and I haven't been to Bellevue since then. (I know that's what they wanted)
I also remember while they were harassing my friend that I asked them "Aren't you suppose to protect and serve us, instead of harass intimidate, and aggravate us to try and cause a situation just to justify shooting us?" No response!
After reading all the responses, yeah they got over on me this time. I'm just gonna count my blessings and move on.
So we were at a bar in Bellevue celebrating my friends birthday. He had a few too many and tried to renter the bar to retrieve his debit card that he left, the doorman wouldn't let him in so once he grabbed the handle security immediately rushed him. They handed him over to me because they realized he was inebriated and no threat, as we are walking in the parking garage to his vehicle (I was the DD for the evening) BPD told us to have a seat, they were already in the area as the bar was closing for the night. They check our ID and I explain to them the entire situation, once the realize I'm the sober one they are no longer interested in me they pull my inebriated friend to the side and try to intimidate him (3 officers asking him questions at once). I keep an eye on the situation because I can tell my friend is getting aggravated and confused on whats going on. This is all happening as people are walking to their vehicles from the establishment. I plead with the officers that it's my friends birthday and he had a few and needs to get home, they decide to stall the situation even longer. They ask him where we are parked, what kind of car is it, and is there a gun in the vehicle he answers yes. They then ask if they can search the vehicle he tells them i have the keys and they take them from me. After the quick search they comeback and tell me that they took the gun apart and put it throughout the vehicle and if we don't want to go to jail we better leave immediately. I'm just glad that they said we were free to go, as we get into the vehicle my friend realizes he wasn't given his wallet, ID and cell phone back. I tell him to stay put and I'll ask them if they have it. As I get back out I noticed the 3 officers that tried to intimidate him where hiding behind the concrete columns with their pistols drawn (as if i could find/reassemble my firearm within 30 seconds) as I ask the officers if they have his stuff they yell no and tell me to leave as I get back in vehicle one of the officers runs up and gives me his property. When we got home I found that they took the bullets of out the magazines (2), hid 1 magazine under the passenger seat, put the barrel in the armrest and left the rest in the case in the trunk. After thoroughly disabling my firearm why did they feel it was necessary to have their pistols drawn? Just to create a show for the patrons leaving is my guess.
As I said above I'm just glad that I was able to go home to my family and I haven't been to Bellevue since then. (I know that's what they wanted)
I also remember while they were harassing my friend that I asked them "Aren't you suppose to protect and serve us, instead of harass intimidate, and aggravate us to try and cause a situation just to justify shooting us?" No response!
Jeff Hayes
Regular Member
They then ask if they can search the vehicle he tells them i have the keys and they take them from me.
Was the car his or yours? How did they take the keys, did they ask you for them and you gave them to the Cops or did they search you and take them our of your pocket.
Was the car his or yours? How did they take the keys, did they ask you for them and you gave them to the Cops or did they search you and take them our of your pocket.
gogodawgs
Campaign Veteran
Why are you hanging out at bars till closing time in Bellevue? http://www.king5.com/news/local/Off...s-tossed-out-of-Seahawks-game--170709156.html
Jeff Hayes
Regular Member
Learn to just say no.
Freedom1Man
Regular Member
Redmond PD likes to strip firearms and unload mags too.
I've had that happen twice in Redmond. 1 time it was retaliation for proving the court clerks, the judge, and the officer on duty at the time were all morons.
Second time it was on my way home from work at 2am and it was a harassment stop pure and simple. I now know I do not have to answer the question of, "do you have any guns in the vehicle?"
I've had that happen twice in Redmond. 1 time it was retaliation for proving the court clerks, the judge, and the officer on duty at the time were all morons.
Second time it was on my way home from work at 2am and it was a harassment stop pure and simple. I now know I do not have to answer the question of, "do you have any guns in the vehicle?"
sudden valley gunner
Regular Member
Welcome to the forum, it gets easier to say no and stand up for your rights the more you do it.
Why question someones lawful behavior? Because others are not lawful?
Why question someones lawful behavior? Because others are not lawful?
MSG Laigaie
Campaign Veteran
I am surprised that you asked this.
I am not surprised you said this.
gogodawgs
Campaign Veteran
Did you follow the link? I didn't question the lawful actions of the OP, rather made him aware of the unlawful/unprofessional actions of the BPD.
LibertyDeath
Regular Member
I remember getting pulled pulled over run running a stop light after a long day at work. I had my wallet sitting under my gun and didn't realize it. I told them I was armed but my gun is on top of my wallet in my center console. He just asked me to hand it to him, dropped the mag and unloaded the chamber and handed the ammo back to me. Then after the stop, he gave me my gun back and sent me on my way.
Never consent to a search, especially if you have "nothing to hide". I am not going through that inconvenience over a whim. If the officer had a legal cause to search then he would not ask permission. So to me a search is them saying "I think you are a criminal but I can't prove it, let me prove it."
Never consent to a search, especially if you have "nothing to hide". I am not going through that inconvenience over a whim. If the officer had a legal cause to search then he would not ask permission. So to me a search is them saying "I think you are a criminal but I can't prove it, let me prove it."
sudden valley gunner
Regular Member
I had followed the link, hence my question. Thank you for the clarification, it had appeared you were questioning the OP's actions.