-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
traffic stop in Virginia Beach
- Thread starter beachpatriot13
- Start date
HankT
State Researcher
imported post
Grapeshot wrote:
Don't know, GS.
Grapeshot wrote:
What kinda break would you expect in NJ for doing that Hank?
Sort of like breaking it off in.....................
Don't know, GS.
imported post
This is OT, but when I returned from a deployment in July 2008, a VA State Trooper gave us a brief on changes in traffic/VA law, and a "don't speed or you will die" briefing." You could tell this was the first time he had briefed (combat arms) soldiers from the look on his face when we started laughing and joking about his slides of gory traffic accidents.
Anyway, he told us that the default speed limit in VA had been reduced to 45mph on unmarked rural roads, but that most rural roads had been posted. I just googled this and can't find anything to corroborate his statements. Did he feed us a load of BS?
This is OT, but when I returned from a deployment in July 2008, a VA State Trooper gave us a brief on changes in traffic/VA law, and a "don't speed or you will die" briefing." You could tell this was the first time he had briefed (combat arms) soldiers from the look on his face when we started laughing and joking about his slides of gory traffic accidents.
Anyway, he told us that the default speed limit in VA had been reduced to 45mph on unmarked rural roads, but that most rural roads had been posted. I just googled this and can't find anything to corroborate his statements. Did he feed us a load of BS?
beachpatriot13
Regular Member
imported post
the default would be 35 so it would had bin 5 over
the default would be 35 so it would had bin 5 over
kimbercarrier
Campaign Veteran
imported post
I was recently stopped in Hampton, the first time in the 10 years I've been carrying.
I showed him my permit and told him I was carrying. He asked where it was and then said not to reach near it. He was professional in his conduct and wrote me up for the much lesser of the 2 violations he observed. I,m thankful.
I was recently stopped in Hampton, the first time in the 10 years I've been carrying.
I showed him my permit and told him I was carrying. He asked where it was and then said not to reach near it. He was professional in his conduct and wrote me up for the much lesser of the 2 violations he observed. I,m thankful.
kenny
Regular Member
imported post
essayons wrote:
essayons wrote:
That is what VDOT will tell you. VSP has too much to keep up to know otherwise.
kennys
Regular Member
imported post
Not to cause argument, but just a question as I know we all have our own personal preference on how we handle traffic stops, and being temp disarmed in the name of officer safety. But I happened to come across the following in looking up the 13 th amendment and want to know if this would apply, or what I am missing.
“
It is a crime for any person acting under color of law (federal, state or local officials who enforce statutes, ordinances, regulations, or customs) to willfully deprive or cause to be deprived the rights, privileges, or immunities of any person secured or protected by the Constitution and laws of the U.S. This includes willfully subjecting or causing to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Not to cause argument, but just a question as I know we all have our own personal preference on how we handle traffic stops, and being temp disarmed in the name of officer safety. But I happened to come across the following in looking up the 13 th amendment and want to know if this would apply, or what I am missing.
- Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law:[20][/suP]
“
It is a crime for any person acting under color of law (federal, state or local officials who enforce statutes, ordinances, regulations, or customs) to willfully deprive or cause to be deprived the rights, privileges, or immunities of any person secured or protected by the Constitution and laws of the U.S. This includes willfully subjecting or causing to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
imported post
kennys wrote:
In this case the OP wants primarily solve/resolve his traffic citation. There are other (some think more serious) issues, but it is the OP's call whether to pursue those or not.
Yata hey
kennys wrote:
This is the same point we make when an officer w/o RAS demands to see our drivers license when we are walking or our CHP when we are OCing.
In this case the OP wants primarily solve/resolve his traffic citation. There are other (some think more serious) issues, but it is the OP's call whether to pursue those or not.
Yata hey
kennys
Regular Member
imported post
Grapeshot wrote:
Sorry, just thinking out loud and curious about an answer that this OP brought to mind, but not necessarily in this case. IANL in this case it seemed aside from the temporary confiscation of the weapon, which would be argued on the side of the LEO that he had probable cause, and while not physically placed in hand cuffs and taken to jail. The speeding summons from what I have read actually is considered arrest while not as we consider it as above.
Having said that, if it were a LEO that was say less than respectful, more or less pulling you over and righting you a ticket, that you can prove beyond reasonable doubt you were innocent, I figure this is when you could get them for #1 False arrest, and #2 unlawful seizure.
I had noticed a post that suggested always file a complaint when weapon is temporarily seized, but I would figure it depended on the circumstance as if you are found guilty it seems it could bite you in the butt.
Grapeshot wrote:
Sorry, just thinking out loud and curious about an answer that this OP brought to mind, but not necessarily in this case. IANL in this case it seemed aside from the temporary confiscation of the weapon, which would be argued on the side of the LEO that he had probable cause, and while not physically placed in hand cuffs and taken to jail. The speeding summons from what I have read actually is considered arrest while not as we consider it as above.
Having said that, if it were a LEO that was say less than respectful, more or less pulling you over and righting you a ticket, that you can prove beyond reasonable doubt you were innocent, I figure this is when you could get them for #1 False arrest, and #2 unlawful seizure.
I had noticed a post that suggested always file a complaint when weapon is temporarily seized, but I would figure it depended on the circumstance as if you are found guilty it seems it could bite you in the butt.
Nelson_Muntz
Campaign Veteran
imported post
kennys wrote:
OK, I'm confused. What's the difference between Title 18, USC Section 242 and Title 42 USC Section 1983? Don't they say the same thing? Under which kinds of circumstances would you use one or the other?
User?
kennys wrote:
OK, I'm confused. What's the difference between Title 18, USC Section 242 and Title 42 USC Section 1983? Don't they say the same thing? Under which kinds of circumstances would you use one or the other?
User?
HankT
State Researcher
imported post
kimbercarrier wrote:
What were the two violations the LEO observed?
Did you get acquitted of the lesser offense? Or did you get convicted?
kimbercarrier wrote:
What were the two violations the LEO observed?
Did you get acquitted of the lesser offense? Or did you get convicted?
AJG
Regular Member
imported post
beachpatriot13 wrote:
beachpatriot13 wrote:
WOW, they entered your truck "WHILE" you were stopped at the light waiting to pull over grabbed your gun from you and your more worried about the ticket for speeding? :banghead::question: whats wrong with this picture?????
beachpatriot13
Regular Member
imported post
AJG wrote:
im going to court for another issue that is of far more important and dont have the time and money to push this issue. if i didnt have this other issue it would be on top of my list of things to do. not that this isnt a issue to me. but at this time i have bigger fish to fry. and pushing this issue my come to play in my other case. as i said before the officer was polite and showed coutesy and after talking with him he is a fan of the 2nd. and maybe paniced a bit an acted in the name of officer saftey. he ran the numbers gave me back my unloaedgun and mag an ammo even before the traffic stop was over.he did ask if i had a gun an i did inform him that i did. he asked where it was i told him on my hip. and it was consealed. he then took the gun. he then asked for the permit after the fact. all in all given where we were stopped in a lane of traffic he may have over reacted. my issue is the damn speeding ticket right now.i think they may have realized that and thats why i got the ticket in the event that i would push the issue. could have been worse imho
AJG wrote:
im going to court for another issue that is of far more important and dont have the time and money to push this issue. if i didnt have this other issue it would be on top of my list of things to do. not that this isnt a issue to me. but at this time i have bigger fish to fry. and pushing this issue my come to play in my other case. as i said before the officer was polite and showed coutesy and after talking with him he is a fan of the 2nd. and maybe paniced a bit an acted in the name of officer saftey. he ran the numbers gave me back my unloaedgun and mag an ammo even before the traffic stop was over.he did ask if i had a gun an i did inform him that i did. he asked where it was i told him on my hip. and it was consealed. he then took the gun. he then asked for the permit after the fact. all in all given where we were stopped in a lane of traffic he may have over reacted. my issue is the damn speeding ticket right now.i think they may have realized that and thats why i got the ticket in the event that i would push the issue. could have been worse imho
kimbercarrier
Campaign Veteran
imported post
HankT wrote:
I appreciated him showing me mercy and will gladly pay for the seat belt ticket.
HankT wrote:
I was charged with not wearing my seat belt (went to the Hardee's drive thu and forgot to put my belt back on after getting my wallet) and he let me go on running a red light( it was early in the morning and the sun was shining in my eyes making it hard to see, it looked yellow to me. I saw two police cars at a the light ( no way I would run a light in front of 2 cops). He agreed that it was bight out and the sun was shining right down the road in our eyes.
I appreciated him showing me mercy and will gladly pay for the seat belt ticket.
imported post
wylde007 wrote:
You may attempt to argue the "dangerous" part, but in reality, that officer is going to sit in his car and have his eyes at times on his computer and clipboard. His hands will be busy writing and typing, and would have no chance to retrieve his weapon during an attack. He would feel less safe if he left you alone with a loaded gun while sitting in the "death trap" that is a car that you could easily ambush him. For example, someone with warrants may realize that the cop is now running them through the computer and unload on them in an effort to get away, or someone who may be attempting to transport narcotics may get nervous enough to attempt to shoot it out.
I don't see the huge issue with allowing an officer to take control of your weapon for the short time period of a traffic stop? If you don't want to place yourself in that situation, don't break any traffic laws, and you will never find yourself in that situation. Remember, that when you are pulled over you are technically "under arrest" and you forfeit some rights. If you are a law abiding citizen, you should encourage officers to run serial numbers during traffic stops because that would ensure more illegal weapons are taken off the streets, making your community safer.
Put yourself in that officer's shoes and realize that split second decisions may end your life at any moment. On a side note, please don't place your loaded handgun on your passenger seat as an effort to "openly carry" according to the law during a stop. I saw that happen last week, and it made for a scary situation for the officer, and I'm sure for the citizen as well.
PS. I will be away on vacation for a little while, so I may not be able to reply to anything posted. Getting away from this snow.
wylde007 wrote:
Back to this debate... ugh. During a traffic stop, an officer CAN seize a firearm if he wishes to do so, but only if that traffic stop was justified. The fundamental rules of Terry... reasonable suspicion that one is engaged in a criminal act (speeding for example) and that one is presently armed and dangerous (you have a loaded gun, you could be dangerous, he does not know you).
You may attempt to argue the "dangerous" part, but in reality, that officer is going to sit in his car and have his eyes at times on his computer and clipboard. His hands will be busy writing and typing, and would have no chance to retrieve his weapon during an attack. He would feel less safe if he left you alone with a loaded gun while sitting in the "death trap" that is a car that you could easily ambush him. For example, someone with warrants may realize that the cop is now running them through the computer and unload on them in an effort to get away, or someone who may be attempting to transport narcotics may get nervous enough to attempt to shoot it out.
I don't see the huge issue with allowing an officer to take control of your weapon for the short time period of a traffic stop? If you don't want to place yourself in that situation, don't break any traffic laws, and you will never find yourself in that situation. Remember, that when you are pulled over you are technically "under arrest" and you forfeit some rights. If you are a law abiding citizen, you should encourage officers to run serial numbers during traffic stops because that would ensure more illegal weapons are taken off the streets, making your community safer.
Put yourself in that officer's shoes and realize that split second decisions may end your life at any moment. On a side note, please don't place your loaded handgun on your passenger seat as an effort to "openly carry" according to the law during a stop. I saw that happen last week, and it made for a scary situation for the officer, and I'm sure for the citizen as well.
PS. I will be away on vacation for a little while, so I may not be able to reply to anything posted. Getting away from this snow.
imported post
I almost forgot to add..
During a traffic stop:
An officer can pull you out of your car and pat you down and your immediate area of your car for weapons if he believes you are armed (even if armed legally).
He can enter your car while you are still in it and take your weapon from your holster.
I don't understand why some of you think you could file a lawsuit if an officer does this? Please explain how this is illegal.
I almost forgot to add..
During a traffic stop:
An officer can pull you out of your car and pat you down and your immediate area of your car for weapons if he believes you are armed (even if armed legally).
He can enter your car while you are still in it and take your weapon from your holster.
I don't understand why some of you think you could file a lawsuit if an officer does this? Please explain how this is illegal.
ed
Founder's Club Member - Moderator
imported post
NovaCop10 wrote:
Hi Nova.. Welcome to the forum. Might I ask what jurisdiction you are in? Are you a police officer or did you just select a name that "looks" like you might be?
NovaCop10 wrote:
Hi Nova.. Welcome to the forum. Might I ask what jurisdiction you are in? Are you a police officer or did you just select a name that "looks" like you might be?
wylde007
Regular Member
imported post
NovaCop10 wrote:
You can say that it is, but that does not make it so.
It is fourth amendment hell.
NovaCop10 wrote:
Because a minor traffic infraction is not RAS to inspect a person or a vehicle.
You can say that it is, but that does not make it so.
It is fourth amendment hell.
Chkultr
Regular Member
imported post
Just curious...What road were you on when you got popped? I want to avoid this section on VB...
Just curious...What road were you on when you got popped? I want to avoid this section on VB...
beachpatriot13
Regular Member
imported post
Chkultr wrote:
Chkultr wrote:
donna drive in hiltop by the dmv