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[...] I ask "Am I being detained?" He responds "You're under arrest."
Click click click, the handcuffs come on. Officer 1 asks me if I have any other weapons. I tell him I only had my rifle and my pistol. Officer 2 then walks me over to secondary, which was a few tables lined up near a large truck. He asked me where my voice recorder was, opened my jacket and grabbed it. He says to me "You're not allowed to record our conversations because it violates my right to privacy." He looks at the front of it and says "You've also got a low battery" and lets it fall back around my neck and sits me down in a chair. He then pulled out his notepad and read my Miranda Rights off to me. I told him that for questioning I want an attorney present. During this time I did not see where Officer 1 went, but I could hear his voice in the background calling in to find exactly what penal code I had violated. I didn't catch much of the conversation, but I did hear such things as "What about 12025?", "What does 12026 say?", "It's gotta be 12031". That conversation was going on as Officer 2 was confirming the information on my drivers' license. --
Now, here's where I need to know if I made a folly or not. Officer 2 asked me if the information on my driver's license was correct. I confirmed that it was. He asked for my city of birth, which I stated. He asked for my social security number and place of employment. I asked that information really was necessary. He stated that he was starting to get miffed and that I could fill it out if I wanted to.
I could not recall, at all, whether or not that is information I have to submit to LE when being arrested. I'm assuming the bare minimum is my name, address, dob.
What information do I have to provide to LE when being arrested and/or accused for a crime? Even if they do not know for certain what crime it is? I definitely would like an answer for this, should my next detainment turn into an arrest.
Moving on. Officer 2 then switches over to filling out a Probable Cause sheet. While he's filling this I can see a few other officers looking inside my motorcycle. The keys were in the ignition which also could unlock the rear storage compartment. Enter officer 3. Officer 3 then comes over to notify Officer 2 that the tow truck is here, ready to pick up my bike for impound. She informs Officer 2 that I had 2 boxes of 22LR ammo in the back of my bike. She sets these on the table across from me, with the pistol case I keep in my bike. She sets down my backpack, cargo net and other items that were tied down to the bike on the ground across the table. Officer 2 continues to fill out his PC report. In the span of a few minutes this report has turned into a small essay. Before Officer 3 leaves, she also sets down a clip-board with my keys on it, a few pieces of paper and a tow receipt. Officer 2 tells her not to let the driver leave yet because they don't know what's happening yet. She goes about her way and I don't see her again.
In the background I still faintly hear Officer 1's voice. Then, I didn't hear his voice anymore and he walked to a different part of the parking lot. I looked to my right and there were 2 LEOs sitting at computers. They looked back at me but their expressions were indescribable. I then hear Officer 1 call for Officer 2. He stops filling out his PC report and goes over to him. I don't see where they go or hear them for a minute or two. Officer 2 asks another officer at the table to keep an eye on me.
Another few minutes go by. One of the officers in tactical gear (officer 4) asks me where I heard about carrying, and if I was part of any organization. I told him that I am not part of any organization and that I found out about carrying through the laws available for everyone to read, californiaopencarry.org and online discussions. He says "Cool. Nice." then walks over to assist another officer near the street.
This whole time I'm sitting at this table; wondering to myself: "Do my parents have access to enough cash to post bail tonight?", "Should I get TMLLP, or Bruce Colodny?", "When I get let go, will I get my guns back?". During this whole incident I'm sitting there in the chair. I wasn't worried about spending the night in a holding cell. I wasn't worried about what my friends and family would think. Above anything, I was saddened that I'd have to call my parents at 1:00 in the morning to pick me up from the PD station and that I would miss the RWVA event on Fathers' Day weekend.
Then I hear it, clear as day, in the background: "Sarge? Hey sarge, can you come here? I made a mistake..."
:shock:
:celebrate
At that moment I knew what the word was. I kind of giggled to myself. Stupid, I know, but it was because all the dumb worries I had were shed. I would, in fact, get to make the RWVA shoot. A minute or two goes past. Officer 2 then comes back to the table. He picks up the pistol case from my bike's storage compartment, opens it, then places my pistol inside. He took the magazines out of the belt mag holder and places them inside the case as well.
Officer 1 then comes back to the table. He instructs me to stand up and walk with him. We walk over to a police truck where his Sargent is standing. He turns me around, unlocks my handcuffs and says: "What this is, is a technicality. You were right and I was wrong. I thought I knew the law but I didn't. I'm very, very sorry that this happened and that we took up so much of your time. We're going to give you all of your things back, dust you off and send you on your way. Hopefully nothing bad will come of this. Again, I apologize, you were correct about the law and I wasn't. I had thought that you couldn't have loaded magazines and a firearm on you." -- A complete reversal in demeanor from earlier[sup](+)[/sup]. --
The seargent walks off and Officer 2 takes his place next to Officer 1. Officer 2 hands me a carbon copy sheet of paper and says "This is basically a paper saying that we did detain you, we did not have any probable cause to detain you and there was no evidence of any crime committed or law being broken." Officer 1 gets out his note pad and starts writing down information. "Here's my number, my badge number and my name. Here's also the number for dispatch and the station. If you have any questions or comments please do not hesitate to call. I'll file a report on this and send an e-mail out to everyone to let them know about carrying firearms and the laws."
From here on it's the cliff's notes on dialogue.
The three of us stood there talking about the philosophy of openly carrying, times it's OK to draw and times it's not. Officer 2 gave me one of his cards and told me to call him to do a ride-along to maybe get a feel for the other side of things. He explicitly told me I wouldn't be allowed to carry, though. Officer 1 and I chatted for about another 20 minutes about different ranges, qualifiying, being prepared should someone need to draw, advantages and disadvantages to open and concealed carrying, etc. We agreed that the discussion of pros/cons could go on for hours in debate. We walked over to the table where my things were, got my stuff and went to my bike. They handed back my keys and told me that I could strap up and re-holster if I wanted to, but to just drive down the street a little bit before I did so. They helped me get everything back onto my bike, strapped my rifle case back on, and I was about my way.
Overall, I would say that this encounter did not start off the best. For a slight moment I was indeed worried about the stupid extortionate impound fees there may have been for my motorcycle. Did I give the officers involved more info than necessary? Possibly. When concurring information to them, I answered what I thought was required by the C.V.C. Since I was in operation of a vehicle I did provide my DL. I did provide my registration and proof of insurance. I did inform them that I had another (disassembled) firearm [I did not see them open the case to inspect it]. Half-way through was the turning point.
Did this turn around into a positive encounter? My moral-ometer wants to say yes, but I must fairly describe it as neutral. The positive ending of the encounter balanced out the unlawful detainment, false arrest (was it even technically an arrest?) and affirmation of the "I'm right, you're wrong, I know, you do not" attitude. I attribute that initial part of the contact to the role-playing that officers most frequently invoke when they deal with any suspect to establish a feeling of superiority over said subject. Was Officer 1 truly sincere in his apology? After recounting the situation in my mind a few times I believe he was. At no point during this encounter did I have guns drawn on me (felony hot stop style) and given orders. Most all of the dialogue was exchanged in a civil tone. There was no demeaning or insulting dialogue between any of the officers and myself.
What did I learn? I learned that I still have a lot to learn. I learned that having a working knowledge of the law will help when you are in the right. I learned that I need to find a better voice recorder because despite mine having a 60+ hour recording time, it eats batteries like mad. Resulting in me not being able to provide a recording. (I do have proof, should someone wish to contest the validity of my story).
What advice can I give you? Stay confident. Stick to your wits. It is OK to be nervous about a LE encounter. Do not let that feeling of nervousness turn into fear. If you believe that an officer is wrong, tell them you respectfully disagree and want them to check the penal code. Do not become rude or hostile! Keep your cool, be calm and cordial. You do not have to be super polite.
What will I do now? Most certainly on Monday I will mail the PD my commentary on the situation, what could be improved in future UOC encounters and an outline of what was done wrong in the event.
Thats about it. I hope that you all can provide some more tips or suggestions for my next LEO encounter as well.
