ShooterMcGavin
Regular Member
imported post
I hadn't thought much of this until now. There were two incidents in my past that I want to ask you all about...
1) I was pulled over for speeding on my motorcycle. I had a backpack and was not carrying a gun. The officer asked if I was carrying any weapons. Since I was not carrying a gun, I answered "no". However, he had spotted a small pocket knife (which I did not consider to be a weapon). He considered that to be a lie, so he had me turn around and frisked me.
I consider that to be a reasonable search. Of course, he found nothing else of any concern. He let me go for my cooperation and good attitude.
2) I was pulled over for speeding on my motorcycle and I had a passenger. This time I WAS carrying. I had my CCW carried IWB, a small pocket knife in my front pocket, and OC (pepper spray) in my jacket pocket. I did not announce to the officer that I had a gun; he asked. When he asked, I told him where it was and that I had my CPL. I gave him my CPL and then he had me get off the bike so he could retrieve the gun. He asked if I had any other weapons. I told him and allowed him to get my pocket knife and OC from my pockets. After that, he had me turn around so that he could frisk me. I started to wonder... If I had told him that I was NOT carrying anything, would he have thought I was lying and frisked me?!?! By frisking me, he is essentially trying to catch me for lying to him (I wasn't lying and he found nothing else).
After that, he asked me "is she carrying any weapons?", referencing my passenger. I told him "not that I know of, but you will have to ask her to be sure". She said that she was carrying nothing. After returning to the bike, and issuing me a ticket, he lectured me on what to do at a traffic stop when carrying. He told me that I should announce to the cop that I am carrying. I stated that it is not required by law. He got a bit irritated and said that he knows it's not a law to declare the firearm, but cops like it, so I should do that. He also asked me in a condescending tone "why are you carrying all this stuff?". I wanted to respond "for the same reason YOU are carrying all this stuff"; I kept cool and simply replied "for self defense", even though my knife is not a defensive weapon. The cop was a jerk to me. I am not even detailing the crap he was trying to cite me for, to keep this short.
My question: After I had declared and allowed the officer to safely retrieve my weapons, do I still retain my 4th amendment right to be free from "unreasonable" searches (frisking)? Or, did the officer have a reason to frisk me simply because I had been carrying a gun and other items on me??
I hadn't thought much of this until now. There were two incidents in my past that I want to ask you all about...
1) I was pulled over for speeding on my motorcycle. I had a backpack and was not carrying a gun. The officer asked if I was carrying any weapons. Since I was not carrying a gun, I answered "no". However, he had spotted a small pocket knife (which I did not consider to be a weapon). He considered that to be a lie, so he had me turn around and frisked me.
I consider that to be a reasonable search. Of course, he found nothing else of any concern. He let me go for my cooperation and good attitude.
2) I was pulled over for speeding on my motorcycle and I had a passenger. This time I WAS carrying. I had my CCW carried IWB, a small pocket knife in my front pocket, and OC (pepper spray) in my jacket pocket. I did not announce to the officer that I had a gun; he asked. When he asked, I told him where it was and that I had my CPL. I gave him my CPL and then he had me get off the bike so he could retrieve the gun. He asked if I had any other weapons. I told him and allowed him to get my pocket knife and OC from my pockets. After that, he had me turn around so that he could frisk me. I started to wonder... If I had told him that I was NOT carrying anything, would he have thought I was lying and frisked me?!?! By frisking me, he is essentially trying to catch me for lying to him (I wasn't lying and he found nothing else).
After that, he asked me "is she carrying any weapons?", referencing my passenger. I told him "not that I know of, but you will have to ask her to be sure". She said that she was carrying nothing. After returning to the bike, and issuing me a ticket, he lectured me on what to do at a traffic stop when carrying. He told me that I should announce to the cop that I am carrying. I stated that it is not required by law. He got a bit irritated and said that he knows it's not a law to declare the firearm, but cops like it, so I should do that. He also asked me in a condescending tone "why are you carrying all this stuff?". I wanted to respond "for the same reason YOU are carrying all this stuff"; I kept cool and simply replied "for self defense", even though my knife is not a defensive weapon. The cop was a jerk to me. I am not even detailing the crap he was trying to cite me for, to keep this short.
My question: After I had declared and allowed the officer to safely retrieve my weapons, do I still retain my 4th amendment right to be free from "unreasonable" searches (frisking)? Or, did the officer have a reason to frisk me simply because I had been carrying a gun and other items on me??
