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Thread: Stopped by CHP-Had my 9mm Handgun inspected

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    Damn just got home from being stopped by the CHP. Some loser guy was driving around my neighborhood and stopped right by my house until he saw me in my garage and took off. The race was on! I had just got home from my bike ride and saw him driving down my street. He circled and came back again.I hopped in my truck and went after him to get his license number and called it in to the Concord Police to run his plate.

    Followed him onto HW4 and I got off in Bay Point then came back. I got off on Willow Pass Road and totally ran a stop sign because I was just a little nervous. Was in too much hurry to get back home. Plus I was frigging pissed off.The CHP I guess was behind me a little ways and stopped me right away.

    I confirmed my story by showing them my cell phone and the number to the CPD. She then asked me the big question: If I had any weapons in my truck. I don't think Ihad to declare it but did anyways because I didn'twant any problemslike I do with the CPD all the time and told them I had a 9mm handgun underneath my passengerseat.

    They took it out of the case and did ainspection to make sure itwas in fact unloaded. They gave it back to me 10 min. later and put it back underneath my passenger seat for me. She said it's really suppose to be in the very back of my truck in the camper shell which I know isn't true! As long as your gun is locked up and unloaded you can put it anywhere in your vehicle correct???

    When I took off to get this guys license number I didn't have my wallet or drivers license with me. So she let me get away with running the stop sign which really surprised me.She was really cool about it! I only got a fix-it ticket for my license. Just have to show it to any officer and have it signed off.

    So in cases like this, are we required to tell them if we have any weapons in our vehicle even if they are legally locked up and unloaded? Usually I have loaded mags seperate from my gun sitting in my truck. I'm kind of glad I didn't this time. Both of the mags were unloaded. I wonder how different things would have turned out if I had loaded mags laying around in my truck even though the gun was locked up and unloaded. You know how nervous law enforcement gets in situations like that.


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    Regular Member PincheOgro1's Avatar
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    As long as your gun is locked up and unloaded you can put it anywhere in your vehicle correct???

    As long as it's in a locked case. When you said "below your passenger seat", I thought OMG, did he get charged with 12025?AND if it was in the case, it was NONE OF THEIR BUSINESS. A CHP officer told me that. I did NOT have to report it, and by opening it up you let them violate your 4th, but hey, if they let you slide on the stop sign...

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    I'm not complaining at all. Compared to the city police where I live, these 2 CHP officers were really cool! I guess next time I just won't declare it. Just keep my mouth shut as long as it's legally locked up.

    I think one reason why they wanted to check it also was because I didn't have my I.D. on me at the time.

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    Regular Member PincheOgro1's Avatar
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    Poblacht32 wrote:
    I'm not complaining at all. Compared to the city police where I live, these 2 CHP officers were really cool! I guess next time I just won't declare it. Just keep my mouth shut as long as it's legally locked up.

    I think one reason why they wanted to check it also was because I didn't have my I.D. on me at the time.
    CHP aint bad. I drive a TANKER , and talk to them all the time. BUT hey I'm NOT criticizing you. They let you slide on the stop sign. That's a good thing.

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    PincheOgro1 wrote:
    Poblacht32 wrote:
    I'm not complaining at all. Compared to the city police where I live, these 2 CHP officers were really cool! I guess next time I just won't declare it. Just keep my mouth shut as long as it's legally locked up.

    I think one reason why they wanted to check it also was because I didn't have my I.D. on me at the time.
    CHP aint bad. I drive a TANKER , and talk to them all the time. BUT hey I'm NOT criticizing you. They let you slide on the stop sign. That's a good thing.
    I thought for sure I was going to get a ticket for running the stop sign. The last thing I need right now. I thanked for her understanding considering the circumstances.

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    Regular Member Rich Keagy's Avatar
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    I read somewhere here that it's okay to place an unloaded pistol (and magazine if it has one) in plain view on, say, the passenger seat. It's just like Open Carry, but you're in your car.
    Am I wrong on this?
    Rich Keagy
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    Regular Member wewd's Avatar
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    You don't have to answer any police questions about your guns. Your answer to the CHP officer should have been, "I don't have anything illegal in the vehicle", or answer with another question: "Am I legally required to answer that?" If she says yes, ask for the penal code (there isn't one). If she tries to pull a PC 148 (obstructing an officer) on you, then you can shut up right then and there and say nothing more except "Am I under arrest?", "Am I being detained?", "Am I free to go?"... If the officer goes any further from that point, and searches your vehicle without a warrant or arrests you, you should be on the phone to the Calguns Foundation and the ACLU. She didn't seem like that type of a cop from your description, but there are far too many who do not know or respect the legal boundaries they operate under.

    Rich Keagy wrote:
    I read somewhere here that it's okay to place an unloaded pistol (and magazine if it has one) in plain view on, say, the passenger seat. It's just like Open Carry, but you're in your car.
    Am I wrong on this?
    Plain view is plain view, concealed is concealed.

    If it's unloaded in a locked case, you can put it anywhere.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

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    What I have noticed is the more familiar/respectful rhetoric I have with an officer during a stop, the higher my odds are of getting out of the ticket. Sometimes an officer will notice my concealed carry license for Nevada, ask why I have one.. I explain my views and they tend to find a common ground with me. Maybe they see me as a younger version of them. Either way I have gotten out of so many tickets from conversation. I have probably gotten out of 5 speeding tickets in my life and I'm only 23.

    So usually if they ask, it is really up to you to say. You could easily say "I am going to refrain from giving you any other information other than what is required." Though that will shoot your odds of getting out of a ticket in a heartbeat.

    My question to you is.. who unlocked your gun case? Was it combo or key? I have never once heard an officer wanting to look in the case. As long as it is locked that is usually all they care about. So that strikes me as off. But hey.. the more willingness to comply with the officer the more reasons they are going to try and get you out of the ticket. They just need to rationalize it in their head.

    edit: Don't confuse respect with self-incrimination. Never incriminate yourself. You of course were doing nothing wrong, you had nothing to hide. My friend however once was pulled over and asked if he had been smoking weed. My friend being a dumbass liberal that loves Obama because he can give feel good speeches and has no clue on his political policies.. told the cop he had smoked 30 minutes earlier. BAM, arrested for DWI. I swear if there was a graph with "ignorant morons who don't understand politics, law, or any other sort of idea that requires logic" on one axis, and "love for Obama" on the other.. it would have a very positive slope.

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    Regular Member PincheOgro1's Avatar
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    Streetbikerr6 wrote:
    What I have noticed is the more familiar/respectful rhetoric I have with an officer during a stop, the higher my odds are of getting out of the ticket. Sometimes an officer will notice my concealed carry license for Nevada, ask why I have one.. I explain my views and they tend to find a common ground with me. Maybe they see me as a younger version of them. Either way I have gotten out of so many tickets from conversation. I have probably gotten out of 5 speeding tickets in my life and I'm only 23.

    So usually if they ask, it is really up to you to say. You could easily say "I am going to refrain from giving you any other information other than what is required." Though that will shoot your odds of getting out of a ticket in a heartbeat.

    My question to you is.. who unlocked your gun case? Was it combo or key? I have never once heard an officer wanting to look in the case. As long as it is locked that is usually all they care about. So that strikes me as off. But hey.. the more willingness to comply with the officer the more reasons they are going to try and get you out of the ticket. They just need to rationalize it in their head.
    I have never gotten out of a ticket for ANYTHING I have done wrong. ie. speeding, and I am always polite.

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    PincheOgro1 wrote:
    Streetbikerr6 wrote:
    What I have noticed is the more familiar/respectful rhetoric I have with an officer during a stop, the higher my odds are of getting out of the ticket. Sometimes an officer will notice my concealed carry license for Nevada, ask why I have one.. I explain my views and they tend to find a common ground with me. Maybe they see me as a younger version of them. Either way I have gotten out of so many tickets from conversation. I have probably gotten out of 5 speeding tickets in my life and I'm only 23.

    So usually if they ask, it is really up to you to say. You could easily say "I am going to refrain from giving you any other information other than what is required." Though that will shoot your odds of getting out of a ticket in a heartbeat.

    My question to you is.. who unlocked your gun case? Was it combo or key? I have never once heard an officer wanting to look in the case. As long as it is locked that is usually all they care about. So that strikes me as off. But hey.. the more willingness to comply with the officer the more reasons they are going to try and get you out of the ticket. They just need to rationalize it in their head.
    I* have never gotten out of a ticket for ANYTHING I have done wrong. ie. speeding, and I am always polite.
    Well I contribute me getting out because the police tend to relate with me. 2 cops have let me go speeding on my bike because they thought my bike was nice and fast and thought I was a respectful kid (One cop raced bikes, the other was a young cop who just seemed amazed at my bikes speed, its a CBR 1000 so it is fast).

    The ones that will never let you go are cops trying to meet quota or are in a speed trap. Speed trap cops will never let you go, they dont waste half their day waiting for a speeder just to let you go.. no matter how polite you are.

    Needless to say, I still have 4 pending speeding tickets and a lawyer working on them right now. I need to stop speeding, and I think Im doing a good job so far. It just feels so natural to be going 5-10 mph over the speed limit. Perfectly safe.. etc. At least thats how I feel.

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    Just curious... what did CHP and CPD say about the guy that stopped in front of your house? Did you get his license plate number?

    You mentioned you had just got back from a bike ride? I assume you meant motorcycle ride? IMO,I think it was a little impulsive to have gotten in your car and chased after this guy to get his plate number. Although,I don't know the full details,I'm going to assume that he was perhaps following you? I feel you on feeling threatened and perhaps the need to find out why this guy stopped in front of your house and then sped off... if it was me,I'd be worried about whether this person is going to come back and do something knowing that he knows where you live. People are ******** and dangerous,he could've been drunk/high/on a mission to do some harm/or just trying to f**k with you! You put yourself at greater risk going after him. I think the fact that you ended up being pulled over by CHP and for that matter having some cool ass CHP officers should make you think deeply on acting on impulse.

    Like I said,I'm just assuming. I don't know the full details. Please don't take this as me bashing on you. I'm glad everything turned out ok. You didn't get arrested,ticketed or worst,injured or killed. Hope this rings a bell with you.

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    Needless to say, I still have 4 pending speeding tickets and a lawyer working on them right now. I need to stop speeding, and I think Im doing a good job so far. It just feels so natural to be going 5-10 mph over the speed limit. Perfectly safe.. etc. At least thats how I feel.[/quote

    I could see from your avatar that you are obviously a rider. Me too,well I don't much lately because I am married and have a 6 1/2 month old daughter. My responsibilities changed once I took on greater responsibility obviously...

    I too am/was like you. Man,I averaged being stopped/ticketed on average 3-5 times a year,not much,considering that there are plenty of more fools out there more reckless than I. I kept riding even after being in a motorcycle accident almost 5 years ago. Be careful out there man,it's no joke. When you take on more responsibility and mature a bit more you'll see what I'm talking about.

    BTW I'm 26. I ride a 2006 ZX-10R Ninja. Fastest I've gone is 170mph. Really stupid considering my wife was pregnant at the time. My wife is selling her 2007 ZX-6R if anyone is interested.

    I don't mean to go off topic,just trying to relate to my fellow riders and firearm enthusiast.

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    Regular Member PincheOgro1's Avatar
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    Streetbikerr6 wrote:
    PincheOgro1 wrote:
    Streetbikerr6 wrote:
    What I have noticed is the more familiar/respectful rhetoric I have with an officer during a stop, the higher my odds are of getting out of the ticket. Sometimes an officer will notice my concealed carry license for Nevada, ask why I have one.. I explain my views and they tend to find a common ground with me. Maybe they see me as a younger version of them. Either way I have gotten out of so many tickets from conversation. I have probably gotten out of 5 speeding tickets in my life and I'm only 23.

    So usually if they ask, it is really up to you to say. You could easily say "I am going to refrain from giving you any other information other than what is required." Though that will shoot your odds of getting out of a ticket in a heartbeat.

    My question to you is.. who unlocked your gun case? Was it combo or key? I have never once heard an officer wanting to look in the case. As long as it is locked that is usually all they care about. So that strikes me as off. But hey.. the more willingness to comply with the officer the more reasons they are going to try and get you out of the ticket. They just need to rationalize it in their head.
    I have never gotten out of a ticket for ANYTHING I have done wrong. ie. speeding, and I am always polite.
    Well I contribute me getting out because the police tend to relate with me. 2 cops have let me go speeding on my bike because they thought my bike was nice and fast and thought I was a respectful kid (One cop raced bikes, the other was a young cop who just seemed amazed at my bikes speed, its a CBR 1000 so it is fast).

    The ones that will never let you go are cops trying to meet quota or are in a speed trap. Speed trap cops will never let you go, they dont waste half their day waiting for a speeder just to let you go.. no matter how polite you are.

    Needless to say, I still have 4 pending speeding tickets and a lawyer working on them right now. I need to stop speeding, and I think Im doing a good job so far. It just feels so natural to be going 5-10 mph over the speed limit. Perfectly safe.. etc. At least thats how I feel.
    I have been told that CHP WILL let you go over by 5 mph. Any more is ticketable.

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    Ninja_Commando wrote:
    Needless to say, I still have 4 pending speeding tickets and a lawyer working on them right now. I need to stop speeding, and I think Im doing a good job so far. It just feels so natural to be going 5-10 mph over the speed limit. Perfectly safe.. etc. At least thats how I feel.[/quote

    I could see from your avatar that you are obviously a rider. Me too,well I don't much lately because I am married and have a 6 1/2 month old daughter. My responsibilities changed once I took on greater responsibility obviously...

    I too am/was like you. Man,I averaged being stopped/ticketed on average 3-5 times a year,not much,considering that there are plenty of more fools out there more reckless than I. I kept riding even after being in a motorcycle accident almost 5 years ago. Be careful out there man,it's no joke. When you take on more responsibility and mature a bit more you'll see what I'm talking about.

    BTW I'm 26. I ride a 2006 ZX-10R Ninja. Fastest I've gone is 170mph. Really stupid considering my wife was pregnant at the time. My wife is selling her 2007 ZX-6R if anyone is interested.

    I don't mean to go off topic,just trying to relate to my fellow riders and firearm enthusiast.
    Yah I have owned 3 bikes in my life, I have already wrecked one. I have been riding since I was 17. I do get crazy. I've gone about 170-180 at least 10 times now. I know I should take my antics to a track but I really don't want to wreck my beautiful 2005 1000RR. I used to zig zag between traffic on the freeway going 80-90 but now I don't do that. I am not sure if it is my fear or wrecking or my fear of speeding tickets that holds me back now. You are right, some day I will mature on the road. For now I don't have much family ties or a girlfriend so it does not seem selfish of me. None of my rider friends have died but they have all gone down.

    Oh and have you ever wondered what it may look like going 170-180 by a car from the other drivers point of view? I just found this video the other day. Note the drivers speedo is in KPH, so hes going about 100 mph, the vette prolly 200.

    http://www.youtube.com/watch?v=voQ7H...eature=related

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    wewd wrote:
    You don't have to answer any police questions about your guns. Your answer to the CHP officer should have been, "I don't have anything illegal in the vehicle", or answer with another question: "Am I legally required to answer that?" If she says yes, ask for the penal code (there isn't one). If she tries to pull a PC 148 (obstructing an officer) on you, then you can shut up right then and there and say nothing more except "Am I under arrest?", "Am I being detained?", "Am I free to go?"... If the officer goes any further from that point, and searches your vehicle without a warrant or arrests you, you should be on the phone to the Calguns Foundation and the ACLU. She didn't seem like that type of a cop from your description, but there are far too many who do not know or respect the legal boundaries they operate under.

    Rich Keagy wrote:
    I read somewhere here that it's okay to place an unloaded pistol (and magazine if it has one) in plain view on, say, the passenger seat. It's just like Open Carry, but you're in your car.
    Am I wrong on this?
    Plain view is plain view, concealed is concealed.

    If it's unloaded in a locked case, you can put it anywhere.
    You have to be smart enough and mature enough to pick your battles. Poblacht32 did the right thing. He did not let his past negative issues with the policeaffect this encounter. That takes maturity that is often lacking in modern society.

    He had no ID and he committed a violation. Because he was polite, reasonable and related to the officer like a human being, he got off.

    If he decided to see the officer as the enemy and be difficult, she could have returned the favor. If you commit a violation and have no ID, you can be arrested under the authority of 40302 (a) CVC. This means that you will be taken to jail, your car could be impounded and as part of the impound an inventory search will be conducted. The gun will be found. Along with whatever else you have in there (I'm not saying that there is anything else).

    Let’s say that they leave the car there. There’s always the chance that your car will be burglarized while you are in jail and then, "no more gun".

    Sounds like a lot of hassle was avoided by showing a little courtesy.



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    Regular Member wewd's Avatar
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    He is free to do whatever he wishes, but I do not surrender my rights and I will council anyone who asks to do the same. Standing up for yourself against authority and intimidation may not always be easy but it is always right.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

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    wewd wrote:
    He is free to do whatever he wishes, but I do not surrender my rights and I will council anyone who asks to do the same. Standing up for yourself against authority and intimidation may not always be easy but it is always right.
    Well of course that stands when you are doing NOTHING illegal. Though if you have just ran a stop sign and have no drivers license (an offense which yes, they can arrest you for), I think respectful compliance to searches when you know you have nothing to hide would be in your best interest instead of 'respectfully' telling the cop to F off lol. If they arrest you they will be searching your car anyways.


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    It is not a crime to lie to a police officer. Going through the ringer like that (even if you were without a license) is just retarded.



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    pullnshoot25 wrote:
    It is not a crime to lie to a police officer. Going through the ringer like that (even if you were without a license) is just retarded.

    I disagree in the OP's individual circumstances. He would be in jail with an impounded car if he took your route. I think any reasonable person (even with hate for LEO) would see the same.

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    Streetbikerr6 wrote:
    pullnshoot25 wrote:
    It is not a crime to lie to a police officer. Going through the ringer like that (even if you were without a license) is just retarded.

    I disagree in the OP's individual circumstances. He would be in jail with an impounded car if he took your route. I think any reasonable person (even with hate for LEO) would see the same.
    How is a cop going to know if there is a gun in the car or not unless they search, which they have no PC to conduct unless you admit you have a gun or act like a moron? Just saying "NO" solves a lot of issues.

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    Yes it IS a crime to lie to a police officer. It is NOT a crime to refuse to answer questions (with some limited exceptions).

    "I do not surrender my rights and I will council anyone who asks to do the same. Standing up for yourself against authority and intimidation may not always be easy but it is always right."

    I think this kind of absolutist pov is counterproductive and idiotic.

    First off, I will bet that you do surrender your "rights" every single day in some sense or other.

    If the police go door to door through your neighborhood because an escaped rapist is on the loose and ask you if you have seen a strange man wandering around, I suppose it is your right to refuse to answer. According to your absolutist statement you wouldn't "surrender your rights" and help the police out there.

    Second, from the OP's statement there was no intimidation involved. The officer asked to see it and he complied. The officer didn't threaten etc.

    You have the right to call police ******** and to give them the finger every single time you see them. Is a failure to exercise that right an act of surrendering them? In the OP's case is his decision not to exercise his right an act of surrendering them?



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    sjalterego wrote:
    Yes it IS a crime to lie to a police officer. It is NOT a crime to refuse to answer questions (with some limited exceptions).

    "I do not surrender my rights and I will council anyone who asks to do the same. Standing up for yourself against authority and intimidation may not always be easy but it is always right."

    I think this kind of absolutist pov is counterproductive and idiotic.

    First off, I will bet that you do surrender your "rights" every single day in some sense or other.

    If the police go door to door through your neighborhood because an escaped rapist is on the loose and ask you if you have seen a strange man wandering around, I suppose it is your right to refuse to answer. According to your absolutist statement you wouldn't "surrender your rights" and help the police out there.

    Second, from the OP's statement there was no intimidation involved. The officer asked to see it and he complied. The officer didn't threaten etc.

    You have the right to call police @#$%s and to give them the finger every single time you see them. Is a failure to exercise that right an act of surrendering them? In the OP's case is his decision not to exercise his right an act of surrendering them?

    Quote the law. You cannot lie to a FEDERAL officer but local cops are fair game. The only restriction is that you cannot MISLEAD or OBSTRUCT an officer while actually INVESTIGATING a crime.

    Lying in this instance is not resisting.
    Lying in this instance is not delaying
    Lying in this instance is not obstructing the officer.

    Just say NO.

    148.(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.



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    Regular Member mjones's Avatar
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    sjalterego wrote:
    Yes it IS a crime to lie to a police officer. It is NOT a crime to refuse to answer questions (with some limited exceptions).
    No, it is only a crime to lie to a FEDERAL Law Enforcement Officer (ask Martha Stewart)

    It is NOT GENERALLY a crime to lie to an ordinary LEO in CA. However,if you willfully misdirect an investigation you might get stuck with a misdemeanor obstruction charge via PC 148(a)(1) i.e. "Where is Billy-Bob, I just saw him walk right past you into your house" and you reply with "He left 5 minutes ago" okay, maybe a bad example...

    It is also important to note that not answering is not a grounds for Reasonable Articulable Suspicion nor Probable Cause.

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    Regular Member PincheOgro1's Avatar
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    Streetbikerr6 wrote:
    wewd wrote:
    He is free to do whatever he wishes, but I do not surrender my rights and I will council anyone who asks to do the same. Standing up for yourself against authority and intimidation may not always be easy but it is always right.
    Well of course that stands when you are doing NOTHING illegal. Though if you have just ran a stop sign and have no drivers license (an offense which yes, they can arrest you for), I think respectful compliance to searches when you know you have nothing to hide would be in your best interest instead of 'respectfully' telling the cop to F off lol. If they arrest you they will be searching your car anyways.
    I don't think there was intimidation. If there would have been "threats", That is when I would have shut up and said no more...

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