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After three years OC I finally had an OC related police interaction (with A/V)

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
So after more than three years of daily OC I finally had an encounter (on 3 Jan) with law enforcement due to the OC. Had I not been walking with a long gun carrier I'm guessing they never would have "stopped by". On the bright side, it was a consensual encounter rather than a detainment and when I refused to ID myself they dropped the issue without batting an eye. Carrying "sterile" served no purpose.

Video here: http://www.youtube.com/watch?v=YVhZwtrv3UY
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Do you happen to have a citation on the fact that police officers can't run a license plate solely to check a person's name?
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Do you happen to have a citation on the fact that police officers can't run a license plate solely to check a person's name?

SHORT ANSWER: No....but read on

It is a complicated legal issue. Generally, police can run your plates for any legitimate law enforcement purpose. Therein lies the key. If police approach me while I'm on foot while I am conducting myself in a legal manner and I refuse to engage them in a consensual conversation (where they are going to try to find something with which to justify escalating to a detention), to then stalk me until I enter my vehicle is not a legitimate law enforcement purpose.....remember, I am conducting myself lawfully and they have not been able to find or manufacture RAS. With no RAS that I have done anything wrong, remember RAS is nothing more than reasonable suspicion that they can articulate to the court, the police would be conducting harassment, intimidation, and/or other unlawful action under color of authority.

Let's consider a lawful activity other than open carry. Let's say Officer Fife spots a particularly alluring member of the opposite gender. This individual is breaking no laws but Officer Fife wants her name and address in hopes of getting a date. Officer Fife approaches said individual who declines to talk with the officer. Rebuked and with his feelings hurt (or not) Officer Fife then follows the individual until they enter a vehicle at which time he runs the plates and obtains a name, address, date of birth, etc.

Officer Fife has violated the law in most states.

Now simple substitute the law abiding activity of exercising your second amendment for being the object of Officer Fife's desires. The situation does not change, only the lawful activity, and so the action is still an abuse of authority under color of law.
 

Cremator75

Regular Member
Joined
Aug 22, 2007
Messages
392
Location
Beaverton, Oregon, USA
I call it my "assault pistol"....and yes, it's black.

A_YfTlpCAAEF-IP.jpg
 
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steelcityk9cop

New member
Joined
Nov 27, 2012
Messages
5
Location
Pittsburgh, Pa.
Do you happen to have a citation on the fact that police officers can't run a license plate solely to check a person's name?

The courts have ruled that you do not have an expectation of privacy when it comes to your license plate and the information that law enforcement can gather from it.

Sent from my DROID RAZR using Tapatalk 2
 

Mattimusmaximus

Regular Member
Joined
Aug 20, 2012
Messages
257
Location
Hillsboro
I had this happen to me today when I went to Safeway. I drove there put my .45 in my holster walked in grabbed some whine chips and some dip. As I walked to the register the cop was waiting for me. I payed and as I picked up my bags he started questioning me I kept silent... After he was quiet for a while I asked if I was being detained he said no I walked to my (girlfriends car) car. He followed. I put my gun on the back seat with my bags and got in pulled out and got pulled over.. I watched him wait for me lol. I showed him my license got some "advice" about me OC a gun in public with all that's happened lately. After he blew some steam at me I drove away and laughed about it.


-Matt of Hillsboro OR-
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
The courts have ruled that you do not have an expectation of privacy when it comes to your license plate and the information that law enforcement can gather from it.

Sent from my DROID RAZR using Tapatalk 2

That is not absolute. If it were, police wouldn't get in trouble for running the plates of a cute gal (or guy). In general yes, but they must show a public interest is served. Running the plates of an INDIVIDUAL because you don't like his lawful activity is dangerous constitutional ground. Running the plates of an individual under a lawful investigation, or running the plates of EVERYONE in a parking lot is a different matter.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
I had this happen to me today when I went to Safeway. I drove there put my .45 in my holster walked in grabbed some whine chips and some dip. As I walked to the register the cop was waiting for me. I payed and as I picked up my bags he started questioning me I kept silent... After he was quiet for a while I asked if I was being detained he said no I walked to my (girlfriends car) car. He followed. I put my gun on the back seat with my bags and got in pulled out and got pulled over.. I watched him wait for me lol. I showed him my license got some "advice" about me OC a gun in public with all that's happened lately. After he blew some steam at me I drove away and laughed about it.

-Matt of Hillsboro OR-
Any recordings?
 

Mattimusmaximus

Regular Member
Joined
Aug 20, 2012
Messages
257
Location
Hillsboro
I wish I did but it was a quick trip I really didn't think anyone would say anything but you can bet I am coffee in one hand and my camcorder in the other from no on


-Matt of Hillsboro OR-
 

steelcityk9cop

New member
Joined
Nov 27, 2012
Messages
5
Location
Pittsburgh, Pa.
That is not absolute. If it were, police wouldn't get in trouble for running the plates of a cute gal (or guy). In general yes, but they must show a public interest is served. Running the plates of an INDIVIDUAL because you don't like his lawful activity is dangerous constitutional ground. Running the plates of an individual under a lawful investigation, or running the plates of EVERYONE in a parking lot is a different matter.

Of course its not absolute...nothing in life is except taxes. The cute girl is like apples and oranges. Until the courts rule otherwise, intelligence gathering even during totally legal activities is permissive. You may not like it but it does not change the current court standing.

Sent from my DROID RAZR using Tapatalk 2
 

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
That is not absolute. If it were, police wouldn't get in trouble for running the plates of a cute gal (or guy). In general yes, but they must show a public interest is served. Running the plates of an INDIVIDUAL because you don't like his lawful activity is dangerous constitutional ground. Running the plates of an individual under a lawful investigation, or running the plates of EVERYONE in a parking lot is a different matter.

I think it would be a hard road to make it stick. The license plate is visible to the public, and the property of the state. Checking one or all plates seems to be irrelevant. It would be the same as complaining that the police checked your driver's license that you had pinned to the front of your shirt. :)
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
I had this happen to me today when I went to Safeway. I drove there put my .45 in my holster walked in grabbed some whine chips and some dip. As I walked to the register the cop was waiting for me. I payed and as I picked up my bags he started questioning me I kept silent... After he was quiet for a while I asked if I was being detained he said no I walked to my (girlfriends car) car. He followed. I put my gun on the back seat with my bags and got in pulled out and got pulled over.. I watched him wait for me lol. I showed him my license got some "advice" about me OC a gun in public with all that's happened lately. After he blew some steam at me I drove away and laughed about it.


-Matt of Hillsboro OR-

Damn, I'd have tried my best to get someone else to come pick me up just to deny them the satisfaction. So what was his stated reason for pulling you over? If he didn't articulate a lawful reason for pulling you over I'd file an Open Records request for the contact info (officers activity report, his radio traffic to dispatch regarding pulling you (you know he almost assuredly ran your plate and license). Then file a complaint unless he covered his tracks in the record. The police can not lawfully just pull you over because they don't like your lawful activity.
 

Mattimusmaximus

Regular Member
Joined
Aug 20, 2012
Messages
257
Location
Hillsboro
So when we made contact from traffic stop he asked did I know how fast I was goin.. I said 15 cause its a parking lot. He told me I looked like I was DUI. Probly cause I was holding a 32oz monster (looks like beer can) and after seeing it was an energy drink he let me on my way after probing where when who how and what my favorite color was.. I already am on getting recordings and taking steps but I don't think it will prove much..


-Matt of Hillsboro OR-
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
So when we made contact from traffic stop he asked did I know how fast I was goin.. I said 15 cause its a parking lot. He told me I looked like I was DUI. Probly cause I was holding a 32oz monster (looks like beer can) and after seeing it was an energy drink he let me on my way after probing where when who how and what my favorite color was.. I already am on getting recordings and taking steps but I don't think it will prove much..

So after he observed you in person for several minutes, where you asserted your right to remain silent, questioned him if you were detained, purchased your groceries, handled your firearm, after all that, he only came to the conclusion that you were drunk after you drove off at the speed limit. Makes perfect sense to me!
 

Mattimusmaximus

Regular Member
Joined
Aug 20, 2012
Messages
257
Location
Hillsboro
I know right?! I had laughed on my way home.. But now for these bloopers I take my camera everywhere


-Matt of Hillsboro OR-
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
So when we made contact from traffic stop he asked did I know how fast I was goin.. I said 15 cause its a parking lot. He told me I looked like I was DUI. Probly cause I was holding a 32oz monster (looks like beer can) and after seeing it was an energy drink he let me on my way after probing where when who how and what my favorite color was.. I already am on getting recordings and taking steps but I don't think it will prove much..


-Matt of Hillsboro OR-

He pulled you over IN the parking lot and asked if you knew how fast you were going? Ummm....private property....nt speed limit that I know of. And I agree with the previous poster about the DUI comment after having talked with you.
 

Fallschirjmäger

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Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
"Sir, I pulled you over because it looked like you were going excessively fast. Do you know how fast you were going?"
"I dunno... about I hunnert, I guess."
"Have you had anything to drink tonight?"
"I've been drinking like a fish, you wanna sip?"
"May I see your license and registration?"
"Nope, I don't have either on me, I didn't think they were required on private property."

I was coming out of Publix grocery to find a Forsyth County Sheriff's car waiting for me in the parking lot once. They slowly cruised behind me as I was pushing my cart to my car. Funny thing about getting old, you forget where your car is occasionally. I must've walked up and down four, maybe five rows of cars with the remote in my hand and pointing at various cars in the lot. Once I went between two cars to switch rows because I Thought I has spotted my car. (Sigh) Turns out the row I had first walked down was the right one, and I was just a 'mite bit confuzzled' for the 15-minutes FSCO was following me.
 
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