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Had an officer field strip my weapon....

WalkingWolf

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Jul 31, 2011
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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.....

You gave them permission, so how did they violate your rights?
 

Citizen

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Fairfax Co., VA
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.

Questions seconded.

There is case law on whether a person can give consent. For example, a guest who is not the owner might not be able to give consent to search a home.

The cops know this stuff.

I got five dollars that says the cops knew you were the designated driver and deliberately asked him for consent since they knew he was drunk. Hell, just him being drunk may have diminished his capacity to knowingly waive a protected right even if he was the actual owner of the car.

I'd follow this line of legality by researching case law in your state.

And, if the law on consent was violated, I'd be sending a sharply worded written complaint that lambasted the cops at a minimum. Jeez, the hyper-dramatic guns-drawn scenario where your weapon was disassembled is more than enough to show those cops be **ssies. Add sneakily trying to obtain consent for a search from a drunk, and this situation is too ripe for a riotous complaint guaranteed to make some faces red.
 

hermannr

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Mar 24, 2011
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Okanogan Highland
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?"

The answer to any question like "do you have any guns?" is either (best) 1: Stay silent. or if you just absolutely cannot stay silent..."I have nothing illegal" and when they say, "can I(we) look around?", the answer is No, or "only if you have a search warrent".
 

Citizen

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The answer to any question like "do you have any guns?" is either (best) 1: Stay silent. or if you just absolutely cannot stay silent..."I have nothing illegal" and when they say, "can I(we) look around?", the answer is No, or "only if you have a search warrent".

"I have nothing illegal," is a pretty decent reply. Because it opens the door to cheesy cop tactics like, "Then you won't mind if I have a look, will you", I prefer a polite exercise of the 5A right against incrimination: "Officer, no offense. I know you're just doing your job, but I would not consent to answer any questions without an attorney." Just real polite, almost off-hand tone, for all the world like your declining an offered drink of water from a friend.

Also, recall Prof. Duane's advice in the video: even the truthful statements of an innocent person can be used against him if the police aquire evidence that contradicts the truthful statement. So, although probably a little remote, if you tell the cop you have nothing illegal, and he somehow wrangles consent out of you after all, and then does happen to find something like a pill that fell out of somebody else's pocket, or the classic marijuana scrapings on the floorboard carpet, now he can paint you as a liar, too.

So, I am thinking the safest is to just politely decline to answer any questions. Right from the beginning, so you don't have to stop midway through as his questions get more and more intrusive.
 

sudden valley gunner

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"I have nothing illegal," is a pretty decent reply. Because it opens the door to cheesy cop tactics like, "Then you won't mind if I have a look, will you", I prefer a polite exercise of the 5A right against incrimination: "Officer, no offense. I know you're just doing your job, but I would not consent to answer any questions without an attorney." Just real polite, almost off-hand tone, for all the world like your declining an offered drink of water from a friend.

Also, recall Prof. Duane's advice in the video: even the truthful statements of an innocent person can be used against him if the police aquire evidence that contradicts the truthful statement. So, although probably a little remote, if you tell the cop you have nothing illegal, and he somehow wrangles consent out of you after all, and then does happen to find something like a pill that fell out of somebody else's pocket, or the classic marijuana scrapings on the floorboard carpet, now he can paint you as a liar, too.

So, I am thinking the safest is to just politely decline to answer any questions. Right from the beginning, so you don't have to stop midway through as his questions get more and more intrusive.

I recommend that polite response too, but in my experience in many a cops mind no matter how you polite you phrase it, expect them to react like you just spit in their face.
 

WalkingWolf

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North Carolina
I recommend that polite response too, but in my experience in many a cops mind no matter how you polite you phrase it, expect them to react like you just spit in their face.

There was a youtube video posted here sometime back of a cop on his own car cam, throwing a hissy fit because the driver politely told him no.
 

Citizen

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Fairfax Co., VA
I recommend that polite response too, but in my experience in many a cops mind no matter how you polite you phrase it, expect them to react like you just spit in their face.

Good point.

New readers, don't expect that reply to be graciously accepted by any cop.

Some cops will just play cheesy coversational tactics like, "Well, if you've got nothing to hide, why won't you answer questions?"

Other cops are gonna get verbally abusive. Some might include serious verbal threats.

Some cops might even manhandle you.
 

WalkingWolf

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North Carolina
Good point.

New readers, don't expect that reply to be graciously accepted by any cop.

Some cops will just play cheesy coversational tactics like, "Well, if you've got nothing to hide, why won't you answer questions?"

Other cops are gonna get verbally abusive. Some might include serious verbal threats.

Some cops might even manhandle you.

My reply would be "If you were not dishonest you would not be trying to search without RAS, or probable cause".
 

Citizen

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My reply would be "If you were not dishonest you would not be trying to search without RAS, or probable cause".

Nice reply.

I think an even better reply would be a polite silence. Anything the detainee says just gives them a chance to ask more questions, whereas silence will tend to shut down the conversation. They might ask a couple more times, but they'll realize they're not getting anywhere and give it up.

Or, maybe one could just repeat invoking the 5A right to silence.

Or, maybe even just politely counter-ask, "Officer, are you trying to cajole me into waiving a right I just invoked a moment ago by asking another question?"
 

sudden valley gunner

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Whatcom County
My reply would be "If you were not dishonest you would not be trying to search without RAS, or probable cause".
Added to my repertoire.

Was told once when OC'ing by an officer I need your ID, want to make sure you are not a felon. I asked how do I know you are not a pedophile? I only reply like this to the local yokels who all pretty much know who I am and they are doing nothing more then trying to uphold their promise that they would continue to harass me for OC. Haven't had harassment for a while though. They moved on to John.

Nice reply.

I think an even better reply would be a polite silence. Anything the detainee says just gives them a chance to ask more questions, whereas silence will tend to shut down the conversation. They might ask a couple more times, but they'll realize they're not getting anywhere and give it up.

Or, maybe one could just repeat invoking the 5A right to silence.

Or, maybe even just politely counter-ask, "Officer, are you trying to cajole me into waiving a right I just invoked a moment ago by asking another question?"

Once after doing just as you asked polite the deputy threatened me repeatedly with arrest if I didn't tell him what he wanted to know. I asked about his illegal acts of coercion. He tried to change his story then and deny that was what he was doing. That is one of the few times I informed they were being recorded. Look on his face priceless.
 
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