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Pulled over, cuffed, and detained for officer safety...

Bo

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To the OP: not gonna ask the name of the agency, but local PD or SO? No way it was WSP.

Problem is, he can't say he pulled you over for no license plate light when his dash-cam would belie that reason for the stop.
cops. They will lie through their teeth in order to falsely justify pulling you over and violating your rights.
Sigh. Yep, statements such as this will go a long way in garnering law enforcement support for this particular forum of the RKBA movement.
 

Lammo

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gogodawgs wrote:
ShooterMcGavin wrote:
The cop actually showed up at my window very quickly. The window hadn't even finished rolling down. If I had a recorder, I would not have had time to grab it from the door pocket and turn it on. I'm not arguing with you. It's good advice. Just thinking outloud that the cop would probably stop me from starting the recording.

I don't know this officer's name. Should I place a call to the Police Chief regarding this stop?


Nothing says you have to roll it down immediately. Nor do you have to roll it down all the way. You can roll it down just enough to hand him your ID.

He can not prevent you from starting a recording.

I would call and express concern of the nature of the stop, i.e. all of your equiptment is in working order.

Also, I would encourage you to watch this and use some of the techniques.


http://www.youtube.com/watch?v=yqMjMPlXzdA&feature=fvw
Fiddling around (which is a technical legal term) with a voice recorder as the officer approaches might just be regarded as furtive movements practically guaranteed to escalate the situation. Also, if there is any possibility that the officer might be able to see the gun you are far better off telling him/her that it's there. Just my $.04 (inflation, don't ya know).
 

antispam540

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Bo wrote:
Problem is, he can't say he pulled you over for no license plate light when his dash-cam would belie that reason for the stop.
cops. They will lie through their teeth in order to falsely justify pulling you over and violating your rights.
Sigh. Yep, statements such as this will go a long way in garnering law enforcement support for this particular forum of the RKBA movement.
There have been cases where, when requested, said dash-cam footage "goes missing".

I'm stuck between being respectful of the difficult position officers are in and being absolutely furious at the way some of them abuse their power and ignore the law.

All I can suggest is that people who have positive encounters post them too. What should we do to garner law enforcement support for these forums? How far should we go? Do we pretend everything's okay, that they're all shining examples of professionalism and justice who never lie?

I say posting negative encounters is just as important as posting positive ones. Officers who use their position to abuse law-abiding citizens deserve every scrap of bad publicity we can give them, and if the good police out there don't like how it reflects upon them, maybe they should do something about the bad apples in their own ranks, instead of letting review boards rule that "the officer's actions were justified" and prosecutors decline to file charges.
 

amzbrady

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Bo wrote:
To the OP: not gonna ask the name of the agency, but local PD or SO? No way it was WSP.

Problem is, he can't say he pulled you over for no license plate light when his dash-cam would belie that reason for the stop.
cops. They will lie through their teeth in order to falsely justify pulling you over and violating your rights.
Sigh. Yep, statements such as this will go a long way in garnering law enforcement support for this particular forum of the RKBA movement.
What is the RKBA movement? Right ? Bare Arms???? Am I close?
 

ShooterMcGavin

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SaintJacque wrote:
Shooter, I have to ask as well: where was this and what agency pulled you over? City, county, state?

This was in Bellevue, WA, right near the Factoria area. The cop was of the Bellevue PD.

antispam540 wrote:
All I can suggest is that people who have positive encounters post them too. What should we do to garner law enforcement support for these forums? How far should we go? Do we pretend everything's okay, that they're all shining examples of professionalism and justice who never lie?

I say posting negative encounters is just as important as posting positive ones. Officers who use their position to abuse law-abiding citizens deserve every scrap of bad publicity we can give them, and if the good police out there don't like how it reflects upon them, maybe they should do something about the bad apples in their own ranks, instead of letting review boards rule that "the officer's actions were justified" and prosecutors decline to file charges.

I totally agree with this.

I feel bad about the encounter. I feel that I let my guard down and let the cop walk on my rights. Live and learn I suppose.

Honestly, what do you do when you are locking your car door and the cop instructs you forcefully, two times, "drop the keys"?
 

amzbrady

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Poosharker wrote:
amzbrady wrote:
What is the RKBA movement? Right ? Bare Arms???? Am I close?
rednecks kan't be awesome

nah, Right to Keep and Bear Arms!

Scratch your head no longer!;)

Ah, "Keep". OK, theres my stupid moment out of the way.

Edited: And some of us redneck can too be awesome... :p
 

OrangeIsTrouble

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NavyLT, good point, I have a question also kind of related to that.

"Must be committed in their presence"

Let's say there is a car going 80mph on the freeway, and somebody calls in and reports crazy driver, blah blah with license plate NAV-YLT and trooper heads out, but crazy driver has a police scanner and hears it and slows down to speed limit and stays under it and trooper finally arrives. Can the driver be pulled over and charged?
(Caller is not around, has driven on, but did report it in, if this info is needed).
 

SaintJacque

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Edit: I should clarify, the witness would have to be able to attest to a violation. If the violation is speeding, there is no way for a witness to really know that unless they have a radar gun themselves. So in the case of speeding, no that's not enough. For other violations that merely require the ability to see in order to establish a violation, I would argue the cop could pull you over.

An eyewitness report may be sufficient probable cause to make a stop. The officer doesn't necessarily need to see the act himself, he simply needs evidence that establishes cause. NavyLT's comments are spot on, though. Never volunteer information and maintain your rights. You're not being a dick, you're just saving yourself from a situation where you are pulled out the car, searched and detained, etc. based on nothing.
 

SaintJacque

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Good post, I was unaware of the distinction between misdemeanor and felony in terms of necessary cause for arrest. I guess the distinction here is "pulling over" versus "arrest". Is pulling someone over equivalent to being "detained"? You're not free to go.
 

Ajetpilot

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With regard to keys, I mentioned on another thread that people should consider hiding a key on the exterior of the vehicle. If asked to step out of the car, leave the keys in the ignition, punch the door lock as you step out, and close the door immediately. A key hidden under a piece of duct tape on the back of one of the license plates is an excellent choice. Of course, that's not where I hide mine, and I will never tell where mine is hidden. It also saves a locksmith charge should you inadvertently lock yourself out.
 

XD45PlusP

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ShooterMcGavin wrote:
I was driving home at about 1am on Saturday night. I passed by a patrol car, stoppedin the right lane of two lanes in my direction. He turned around to drive away and then turned around again to follow, me as I stopped at a light. A hundred feet up the road his lights came on and he pulled me over.
Having just been out with friends, I had earlier taken my gun-in-holster from the trunk and put it in the front seat next to me as I drove. I just didn't fee like putting it on at the time (cold holster). When I was pulled over, I was nervous that the officer might see the gun in the passenger seat and it would become a life-or-death, gun-drawn scenario (on his part). As I pulled over, I discretely put my gun on the floor directly in front of my driver's seat.
Probably not a good idea at 1am on a saturday night. You admitted to making "Furtive Movements" after/while being pulled over, and maybe the cop saw that and that's why he asked you about any weapons in the car? What might be discrete to you, might not really be discrete to others who have a spotlight on you and your head/car at 1am.He probably saw that you were nervous too.
He came up to my window and told me that he pulled me over because my license plate light was out. My hands were in plain sight on the top of the steering wheel. He asked if I had any weapons. I told him there was a gun on the floor in front of my seat.
You admitted to having a gun on the floor, in front of you, in direct reach. At this point, he does not know if you are a felon, or if you have a CPL. At this point there is concern for officer safety. Also at this point it went from a simple traffic stop, to dealing with officer safety.
He requested that I exit the car and I did what he asked. He brought me to the rear of my car, placed me in handcuffs, and had me sit on the bumper of the cruiser. He was polite and repeated several times that he is doing this for his safety. He also stated many times that he supports the rights of law-abiding citizens carrying guns. He asked for my info verbally and called it all in. My info came back clean (of course) and he got confirmation that I have a valid CPL. He never asked to see either my WADL or CPL. He then went to my car, took my gun, and put it in my trunk.
Nothing wrong with that.
I was released from handcuffs. He thanked me several times for my cooperation and told me to fix my license plate light. He said he was out "hunting" for people who are illegal in some way. I knew what he meant. I did not argue with the cop or resist/protest in any way. Even though it was freezing and I was shivering at the end of the encounter, I believe he was within his rights to do what he did.

Here's where he went outside of his duties.... I got home and went to the rear of my car. I have not 1 but 2 lights over my license plate. BOTH of them were working properly and have also been working consistently since that night. I'm thinking he had no reason to pull me over and made the story up. I was pulled over about 6 months ago, also after midnight, about 50 feet away from that spot for another BS reason (that cop said it looked like I took a corner fast, but I was driving normally).
While you were back there in cuffs, you should have said hey officer my license plate lights are not out.


The economy is bad and I think cops are "hunting" (as he put it), searching for anybody breaking any tiny law to raise tax revenue. Pisses me off.
Could be.......

Bottom line, you escalated the situation IMHO based upon what you wrote. The officer was well within the law. Next time, put it under the passenger seat and don't admit to having weapons. If they ask, say: I don't think that's any of your business, or say I don't have anything illegal. I am not gung hoe pro cop at all here......

XD
 

Bersa.380

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I don't feel like wading through all the posts on this thread to get a feel for this ....

And IMO if this is a true story stay out of Bellevue the cops there are jerks and have been for a long time ! ! ! As far as I am concerned being a Police officer is just a job, there is too much Hero Whorship when one gets hurt !

Now go file a report with the Belevue PD or the WSP that your were harrassed when they read the report hopefully they will poop in the pants when they see it's filed against an officer .... make copies of the report and mail them to your senators.

Don't ever think a cop will not crack and shoot your sorry butt .... Remember the Everett Officer Troy Meade that shot a man to death just sitting in his car a few months ago behind the Chuckwagon Restaraunt.
 

joeroket

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Bersa.380 wrote:
I don't feel like wading through all the posts on this thread to get a feel for this ....

Remember the Everett Officer Troy Meade that shot a man to death just sitting in his car a few months ago behind the Chuckwagon Restaraunt.

Yea, he was just sitting in the car. :banghead:

Where did you hear that from? Even the prosecutor has said that he was drunk and not responding to demands. Don't get me wrong, I think Troy was completely in the wrong and will get convicted because, and even his fellow officers don't think, the level of force used was absolutely unnecessary. Please know your facts before commenting on such things.
 

joeroket

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XD45PlusP - The officer was wrong in opening the trunk, unless the OP allowed it which he did not indicate he did. That constitutes an unlawful search. Actually taking the pistol from the car after he had the OP in cuffs away from the car constitutes an unlawful search. They are no longer able to search a car incident to arrest or for officer safety purposes if the occupants have been removed from the vehicle and no longer have the ability to access the contents of it.
 

esstac

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RCW 46.37.050 Tail lamps. (3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.


In case anyone wanted to see the actual law used in this encounter.


I have been pulled over for violating said law also, well that was the excuse anyways. To this day I wish I asked the Sheriff what the next Lotto numbers were going to be, since he was pretty psychic in all knowing I had no license plate light when he kicked on his lights going the opposite direction and still ahead of me. But he sure liked checking out the Willys, witch I am pretty sure was his original intent on pulling me over, never checked license or registration either and was more concerned with how old the the ride was.

This was 2 years ago, before I got a bit more edjumacated, if it happened now getting the dash cam footage just for the Lulz would be warranted.
 

Bersa.380

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joeroket wrote:
Bersa.380 wrote:
I don't feel like wading through all the posts on this thread to get a feel for this ....

Remember the Everett Officer Troy Meade that shot a man to death just sitting in his car a few months ago behind the Chuckwagon Restaraunt.

Yea, he was just sitting in the car. :banghead:

Where did you hear that from? Even the prosecutor has said that he was drunk and not responding to demands. Don't get me wrong, I think Troy was completely in the wrong and will get convicted because, and even his fellow officers don't think, the level of force used was absolutely unnecessary. Please know your facts before commenting on such things.
I read the reports .... Troy was in the wrong PERIOD ! He lost it and was reported to say: "Time to end this ....then opened fire"Whats even worse; that was the 3rd time he has been involved in shootings some what like that, time for him to go to jail PERIOD ! We DO NOT need cops like that on our streets and since when does being drunk carry a death sentance ???
 
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