Results 1 to 6 of 6

Thread: correct procedure during trafic stop

  1. #1
    Regular Member
    Join Date
    Jan 2008
    Location
    Alpharetta, Georgia, USA
    Posts
    178

    Post imported post

    There have been a few posts about people being pulled over and their guns confiscated.

    What are the police allowed to do during a traffic stop or stopped as a pedestrian while carrying ?

    can you refuse to hand over a side arm, or refuse to allow it to be confiscated ?

    is it prudent to carry a notarized copy of the firearm purchase ?

    should we in such as situation request for a senior officer to be brought on scene also ?

    thanks


  2. #2
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915

    Post imported post

    If you're stopped as a pedestrian while carrying, it would depend on what you were stopped for. If it was for 'carrying' then that's Not a reason for being stopped as carrying with a GFL on one's person is a perfectly legal activity. Unless the officer has a reasonable articulable suspicion (RAS) that you have recently committed, are currently committing, or are about to commit a crime, then he has no reason to accost you. The police Are however allowed to have an 'encounter' with you and to ask you questions. Then again, any and every person living on the face of the earth has the same right to your attention. Legally, if you speak to the officer while not under detention then it's a voluntary encounter, you are free to answer his questions.... or not. You are free to remain where you are.....and you are free to go. You are free to ask if he and his wife would like a threesome for that matter.....it's all voluntary after all.

    One difference between a traffic stop and a voluntary pedestrian encounter is that in a traffic stop an officer is authorized to demand your license. Georgia does not have a 'stop and identify' law on the books, you are Not required to produce Government Issued Identification yourself unless you are under detention for suspicion of having committed a crime.

    One of the oddities about the Georgia Code is that although you Are required to have your GFL on your person while carrying, there is no authorization in the code to display it upon demand. This is in contrast to the Georgia Code re: Driver's License where you are required to be in posession of it and to display it upon authorized demand.

    I would always refuse to hand over my firearm and refuse to allow it to be taken voluntarily. I would not resist, but I would not make a single move towards it, and make sure it was noted that I was not volunteering in any way, shape or form. Volunteering is the path to doom;:what: you waive any right you may have had to protest against a thing's illegality if you voluntarily cooperate in allowing it to be done.



  3. #3
    Regular Member
    Join Date
    Jan 2008
    Location
    Alpharetta, Georgia, USA
    Posts
    178

    Post imported post

    One thing to remember is that there is NO law requiring 'registration' of your firearm, and therefore the office should NOT be wanting your firearm because it's not registered.

    Also keep your hands away from your sidearm, maybe simply cross your arms.

    I also keep a color copy of my license in my clear card-swipe holder that i carry on my belt everyday so if needed it can be flipped over. this in addition to my real license in my wallet, that as mentioned is needed to be carried by law.

  4. #4
    Regular Member
    Join Date
    Jan 2008
    Location
    Alpharetta, Georgia, USA
    Posts
    178

    Post imported post

    One thing to remember is that there is NO law requiring 'registration' of your firearm, and therefore the office should NOT be wanting your firearm because it's not registered.

    Also keep your hands away from your sidearm, maybe simply cross your arms.

    I also keep a color copy of my license in my clear card-swipe holder that i carry on my belt everyday so if needed it can be flipped over. this in addition to my real license in my wallet, that as mentioned is needed to be carried by law.

  5. #5
    Regular Member
    Join Date
    Apr 2008
    Location
    , ,
    Posts
    145

    Post imported post

    Be sure to readState v. Jones 289 Ga. App. 176 (2008) at http://www.georgiapacking.org/caselaw/statevjones.htm.

    Here is the highlight:
    After an officer seized a rifle from plain view and ran the serial number to see if it was stolen, the Court of Appeals ruled that an officer does not have "carte blanch authority" to secure all weapons at a traffic stop. In order to justify a search of a vehicle for weapons, some conduct on the part of the occupants such as furtive movements or other indications of danger to the officer must be shown, and the officer must have an "objectively reasonable" belief that the occupants of a vehicle are "potentially dangerous." Essentially overrules Megesi v. State.

    Megesi was a physical precedent only (meaning it is persuasive, but not binding on lower courts). Jones is a binding precedent (meaning all judges concur). The rule in Jones is that stopping someone (Tier 2 or higher) and seizing a weapon for inspection is not permissible, unless there is reasonable articulable suspicion of a crime based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant the officer in believing that the suspect is dangerous and the suspect may gain immediate control of weapons.
    If an officer refuses to believe the law set forth in State v. Jones your best corrective recourse is a complaint into the chief law enforcement officer for the officer's department.




  6. #6
    Regular Member
    Join Date
    Jun 2008
    Location
    , ,
    Posts
    376

    Post imported post

    is it prudent to carry a notarized copy of the firearm purchase ?

    Do you carry a notarized copy for any other item purchased? No. Don't start here.

    can you refuse to hand over a side arm, or refuse to allow it to be confiscated ?

    No, you can just object to any searches and sue them later. I would consider anyone running my serial number an illegalsearch and I would sue their pants off. I wouldn't volunteer my weapon or any other property, but I would just object to any searches and let them write up my lawsuit with their actions.

    What are the police allowed to do during a traffic stop or stopped as a pedestrian while carrying ?

    That is kinda a broad question. They can take your gun for "officer safety", but I'd draw the line at any sort of serial number checks. Other than that, the 4th, 5th, and 14th amendments still apply.

    should we in such as situation request for a senior officer to be brought on scene also ?

    Again, it kinda depends. If the guy is getting fussy, then demand a supervisor.




Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •