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State Police encounter in VA Beach

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Reverend73

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Just curious, what type of radar detector were you using, and how did they know you had one--the nose dive of the vehicle as they lit you up and the detector went bezerk?? :lol:
 
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VCDL President

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I'll just put it this way - you have NOTHING to GAIN by consenting to a search, but EVERYTHING to LOSE.

If they are asking you, then they don't have probable cause. If they have probable cause, they aren't going to bother asking you.
 
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vrwmiller

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If I am ever asked by an officer to search my vehicle, I intend to say no. However, as a citizen, what are my rights if he intends to have a K9 unit stop by to do a sniff around the vehicle?

Can I refuse this type of action? Can I get in the vehicle and leave? Is this considered detainment, at this point, because essentially, you're no longer allowed to leave the scene because you're waiting for a K9 unit to show up.
 
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InsuredByGlock

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HardChrome wrote:
InsuredByGlock wrote:
At the end of the traffic stop, the Trooper informed me that he was going to place my unloaded gun and magazinein the trunk of my vehicle, which I politely informed him was perfectly fine by me.

Any thoughts?
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It really bothers me that there is no real consensus among police around here. There is absoutely no law that requires you to have your weapon unloaded as in your case. What is generally considered illegal however is to have a weapon in your trunk, even if it is unloaded. Some consider that to be concealing.

I have been stopped before with my weapon in plain view and loaded and NEVER been told I was doing anything wrong. This officer needs an education. You could have gotten stopped later and charged with concealing that probably would have stuck even though this officer told you it was ok.

This is crazy!
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Most officers in big cities need an education about oc of a loaded handgun. I get the impression that the more rural areas of VA have less of a problem with this. I assume this cop was putting it in the trunk until I left the scene so that he could make sure it could not be used on them. Not saying it's right or wrong, just the way some of these cops think.

In the real world, a criminal with intent to do such a thing would have concealed it and not informed any officers it was there until open fire resulted.

As far as the excessive show of force with 4 squad cars, I think that all depends on what the original trooper said in the radio to dispatch. Dispatch hears, "man with a gun" without knowing the entire set of circumstances, and this kind of panic occurs. I forgot to mention in the original post that all 4 of them showed up running lights and siren.
 
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InsuredByGlock

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9Reverend73 wrote:
Just curious, what type of radar detector were you using, and how did they know you had one--the nose dive of the vehicle as they lit you up and the detector went bezerk?? :lol:
Click to expand...

A $320 Escort 8500 X50. This one cannot be detected by the VG-2 "detector-detector".My rd was mounted above the driver's sun visor. He was approaching me from behind, and I had about a mile's worth of advance warning he had his radar unit on. Looking in my rear view, I could see the unmarked impala approaching,and the radar antenna on the roof made itstick out like a sore thumb. Needless to say I was not speeding and he was one lane to the left of me. He passed me by about 3 car lengths and then dropped back behind me and lit me up. He said he saw the device after he passed me.

I have used this device for the last 5 years hidden above the folded-down sun visor, and this is only the second time I have been caught with it. The fine is $40 plus court costs, and the officers are NOT allowed to confiscate it. No demerit points, no insurance increase, etc.

I do not condone breaking the law (especially with a loaded pistol) but the overall punishment for this infraction is miniscule compared to even a modest speeding ticket. No, I don't want to hear any crap "drive the speed limit and you'll be ok" because this is not 100% true either.

Not everyone with a radar detector drives like a reckless bozo, any more than the fact that not everyone with a handgun is a criminal in the waiting. I will get off my soapbox now, and back on topic
 
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TEX1N

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vrwmiller wrote:
If I am ever asked by an officer to search my vehicle, I intend to say no. However, as a citizen, what are my rights if he intends to have a K9 unit stop by to do a sniff around the vehicle?

Can I refuse this type of action? Can I get in the vehicle and leave? Is this considered detainment, at this point, because essentially, you're no longer allowed to leave the scene because you're waiting for a K9 unit to show up.
Click to expand...
The way I understood it from one of my Con-Law professors, is that a K9 is not a search, but reather falls under the plain-view doctrine.

Therefore if the officer asks you if you will consent to wait for a K9 to show up and you refuse, the officer must have articulable reasonable suspicion that you have drugs in your vehicle in order for him to legally detail you until the dogs arrive.

The best thing to do is to ask if you are free to leave. If the officer says no, then you are being detained. If it's an illegal detainment, that is something that you would probably have to take up with IA or the courts after the incident is over.
 
V

vrwmiller

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InsuredByGlock wrote:
9Reverend73 wrote:
Just curious, what type of radar detector were you using, and how did they know you had one--the nose dive of the vehicle as they lit you up and the detector went bezerk?? :lol:
Click to expand...

A $320 Escort 8500 X50. This one cannot be detected by the VG-2 "detector-detector".My rd was mounted above the driver's sun visor. He was approaching me from behind, and I had about a mile's worth of advance warning he had his radar unit on. Looking in my rear view, I could see the unmarked impala approaching,and the radar antenna on the roof made itstick out like a sore thumb. Needless to say I was not speeding and he was one lane to the left of me. He passed me by about 3 car lengths and then dropped back behind me and lit me up. He said he saw the device after he passed me.

I have used this device for the last 5 years hidden above the folded-down sun visor, and this is only the second time I have been caught with it. The fine is $40 plus court costs, and the officers are NOT allowed to confiscate it. No demerit points, no insurance increase, etc.

I do not condone breaking the law (especially with a loaded pistol) but the overall punishment for this infraction is miniscule compared to even a modest speeding ticket. No, I don't want to hear any crap "drive the speed limit and you'll be ok" because this is not 100% true either.

Not everyone with a radar detector drives like a reckless bozo, any more than the fact that not everyone with a handgun is a criminal in the waiting. I will get off my soapbox now, and back on topic
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I have the Beltronics Vector LR Remote. I chose this one because I could mount the receivers conspicuously on the vehicle and remote display is small enough to fit into the drink holder. All the other models I looked at were stand alone units that were large and bulky. I was interested in something small and discrete.

BTW, LEO is permitted to confiscate your unit for evidence, if I am not mistaken. However, once the case has closed, they are required to give it back.

I agree with your position as well. Not everyone with a radar detector drives like a nut. It's just another device that helps drivers be prepared for things that may or may not be in the roadway ahead.
 
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HardChrome

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Newport News, VA, ,
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No reference other than conversations with police officers. I guess that's what lawyers are for. To help you argue your case AFTER you are already in trouble since the laws can ba rather vague at times.
 
HankT

HankT

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InsuredByGlock wrote:
I have used this device for the last 5 years hidden above the folded-down sun visor, and this is only the second time I have been caught with it. The fine is $40 plus court costs, and the officers are NOT allowed to confiscate it. No demerit points, no insurance increase, etc.
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How much are court costs, approximately?


InsuredByGlock wrote:
I do not condone breaking the law...
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Sure you do. Certain ones. Where the benefit/cost ratio is high enough. ;)
 
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rabbit994

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You must talk to different officers, every officer I've talked to says if your going to transport a firearm, throw in the trunk. I've never heard of officers jacking someone up for transporting in the trunk and no Virginia code can back up said statement. Concealment by court standard has two parts. Hidden from observation AND easily accessable. Most trunks do not meet the second part.
 
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TEX1N

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rabbit994 wrote:
You must talk to different officers, every officer I've talked to says if your going to transport a firearm, throw in the trunk. I've never heard of officers jacking someone up for transporting in the trunk and no Virginia code can back up said statement. Concealment by court standard has two parts. Hidden from observation AND easily accessable. Most trunks do not meet the second part.
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+1
 
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Tomahawk

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HardChrome wrote:
What is generally considered illegal however is to have a weapon in your trunk, even if it is unloaded. Some consider that to be concealing.
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Penalty flag! Failure to cite source or specify opinion only!



url
 
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HardChrome

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Well, pardon me for passing along my experiences. I am sorry that I cannot give you specific dates and peoples names. I've just been carrying for over half my life and I've had more experiences and conversations than I can remember over this time.
 
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Tomahawk

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HardChrome wrote:
Well, pardon me for passing along my experiences. I am sorry that I cannot give you specific dates and peoples names. I've just been carrying for over half my life and I've had more experiences and conversations than I can remember over this time.
Click to expand...

Understand that on this website, getting a penalty flag is not a personal insult. It's just the lighthearted way we try to keep things straight around here. Folks come here looking for facts; opinion's need to be stated as such.
 
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InsuredByGlock

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, ,
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HankT wrote:
InsuredByGlock wrote:
I have used this device for the last 5 years hidden above the folded-down sun visor, and this is only the second time I have been caught with it. The fine is $40 plus court costs, and the officers are NOT allowed to confiscate it. No demerit points, no insurance increase, etc.
Click to expand...
How much are court costs, approximately?


InsuredByGlock wrote:
I do not condone breaking the law...
Click to expand...
Sure you do. Certain ones. Where the benefit/cost ratio is high enough. ;)
Click to expand...

I believe court costs are roughly $60 or so.

The cost/benefit ratio is key here. Remember that this communistwealth is the only state in the land with a ban on RD's in passenger vehicles.
 
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InsuredByGlock

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TEX1N wrote:
rabbit994 wrote:
You must talk to different officers, every officer I've talked to says if your going to transport a firearm, throw in the trunk. I've never heard of officers jacking someone up for transporting in the trunk and no Virginia code can back up said statement. Concealment by court standard has two parts. Hidden from observation AND easily accessable. Most trunks do not meet the second part.
Click to expand...
+1
Click to expand...

+2

A closed, locked vehicle trunk qualifies as a "closed container" for transportation purposes
 
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