Ken Kd
Regular Member
imported post
Opinions wanted on a traffic stop occuring in late-March of this year.
I filed a foia request with the department and just reviewed the video.
I was pulled over for speeding along a major highway in Oakland County, by the OCSD. The Deputy approached on my passenger side.
After the usual questions of drivers license, registration, where are you going, etc. he spotted two long gun cases and a small pistol case in the FAR rear of my Suburban.
He asked why I did not disclose the firearms and I responded thatI did not have a CPL, and did not beleive I was required to disclose legally transported firearms.
He asked me to place my hands on the steering wheel.
He asked whatweapons I had in the car.
I told him I had a rifle, a shotgun, a bow, 2 pistols in the FAR back of my Suburban, and a small Leatherman in my pocket.
He then asked if I had ammunition in the vehicle.
I responded.....yes, in the orange bucket seperate from the firearms, the firearms are all cased and unloaded.
I told him I had an FFL, and my store name is printed all over my vehicle.
He walked to the drivers side and ordered me out of the vehicle.
He had me spread 'em on the side of my vehicle and conducted a Terry search of my person.
He asked me to remove my Leatherman from my pocket and place it on my dash.
He then asked if i had ever been in the back of a police car and I responded that I hadn't.
He then walked me to the cruiser and placed me in the back seat.
At that point, I was NOT free to go....I was detained and in effect, under arrest(?)
He TOLD me, not asked me, that he was going to make sure the firearms were unloaded.
He then searched my entire vehicle, front to back, and took the 2 pistols out of the vehicle.
A minivan pulled up behind us and the officer had a conversation with the passerby about my pistols.
He was waving them around as he walked to the minivan saying "look what I found, he's just carrying these around with him in the vehicle" (paraphrased)
The driver of the van made a comment to the Deputy along the lines of...."he can't do that.....he doesn't own the store either, a girl does......"
(I do own the store, and the vehicle I was driving is titled and registered to the store. A girl has never owned the store, I bought it from a man who had owned it for 35 years)
He then came back to the cruiser and asked me if I had ever been arrested, if the guns belonged to me, and told me I was in violation of the CCW laws, which is a felony punishable by 5 years in prison.
He then called for another deputy to come to the scene.
When the deputy arrived, with a K9, the first deputy got out of his car to confer with him, and shut off his microphone.
He conferred with the other deputy, both were outside of the vehicle and out of camera range.
After approximately 5 minutes, he got back in the car and continued to chastise me and tell me I was in violation, and that I could only transport the pistols directly to and from the range or if I were moving from one residence to the other.
He stated that he "thinks" my intent was to follow the law, but it could end up with me being in prison for 5 years. He ran the serial numbers from my pistols and they came back as legally registered to me.
He wrote mea ticket for speeding, and told me ifI contacted the court and paid a fine, it would be charged as "impeding" with no points on my record, and then sent me on my way, after suggesting that i immediately return the firearms to my store or home.
I was detained, and not free to leave for approx. 34 minutes.
4A violation......???
Legal search and seizure(of myself, as I was detained)???
What do you think?
Opinions wanted on a traffic stop occuring in late-March of this year.
I filed a foia request with the department and just reviewed the video.
I was pulled over for speeding along a major highway in Oakland County, by the OCSD. The Deputy approached on my passenger side.
After the usual questions of drivers license, registration, where are you going, etc. he spotted two long gun cases and a small pistol case in the FAR rear of my Suburban.
He asked why I did not disclose the firearms and I responded thatI did not have a CPL, and did not beleive I was required to disclose legally transported firearms.
He asked me to place my hands on the steering wheel.
He asked whatweapons I had in the car.
I told him I had a rifle, a shotgun, a bow, 2 pistols in the FAR back of my Suburban, and a small Leatherman in my pocket.
He then asked if I had ammunition in the vehicle.
I responded.....yes, in the orange bucket seperate from the firearms, the firearms are all cased and unloaded.
I told him I had an FFL, and my store name is printed all over my vehicle.
He walked to the drivers side and ordered me out of the vehicle.
He had me spread 'em on the side of my vehicle and conducted a Terry search of my person.
He asked me to remove my Leatherman from my pocket and place it on my dash.
He then asked if i had ever been in the back of a police car and I responded that I hadn't.
He then walked me to the cruiser and placed me in the back seat.
At that point, I was NOT free to go....I was detained and in effect, under arrest(?)
He TOLD me, not asked me, that he was going to make sure the firearms were unloaded.
He then searched my entire vehicle, front to back, and took the 2 pistols out of the vehicle.
A minivan pulled up behind us and the officer had a conversation with the passerby about my pistols.
He was waving them around as he walked to the minivan saying "look what I found, he's just carrying these around with him in the vehicle" (paraphrased)
The driver of the van made a comment to the Deputy along the lines of...."he can't do that.....he doesn't own the store either, a girl does......"
(I do own the store, and the vehicle I was driving is titled and registered to the store. A girl has never owned the store, I bought it from a man who had owned it for 35 years)
He then came back to the cruiser and asked me if I had ever been arrested, if the guns belonged to me, and told me I was in violation of the CCW laws, which is a felony punishable by 5 years in prison.
He then called for another deputy to come to the scene.
When the deputy arrived, with a K9, the first deputy got out of his car to confer with him, and shut off his microphone.
He conferred with the other deputy, both were outside of the vehicle and out of camera range.
After approximately 5 minutes, he got back in the car and continued to chastise me and tell me I was in violation, and that I could only transport the pistols directly to and from the range or if I were moving from one residence to the other.
He stated that he "thinks" my intent was to follow the law, but it could end up with me being in prison for 5 years. He ran the serial numbers from my pistols and they came back as legally registered to me.
He wrote mea ticket for speeding, and told me ifI contacted the court and paid a fine, it would be charged as "impeding" with no points on my record, and then sent me on my way, after suggesting that i immediately return the firearms to my store or home.
I was detained, and not free to leave for approx. 34 minutes.
4A violation......???
Legal search and seizure(of myself, as I was detained)???
What do you think?