Stopped by a Charlotte Bicycle Officer

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Sam wrote:

Thank you OC.com!

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Still a lot to learn.

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Whoops!

I fixed it.

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Sam wrote:

:idea:
if I could offer some advice? When we decide to carry whether we like it or not we represent each other.  Something I learned here, what you are referring to as a "clip" is actually a magazine.  Wouldn't want to make us look bad by saying the word "clip" in front of someone who knows the difference and is anti 2A.

Now that I think about it, I've learned a LOT here.  Thank you OC.com!

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It sure is a good thing that there isn't any anti's on this site. :lol:

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hotrod8812 wrote:

I was stopped by a Charlotte Bicycle Officer this past week, I had my gun in the car
so, I put it on the dash while I was pulling off to the side of the road.
As the cop walked up He said good afternoon And asked if I had a permit
for my handgun (I'm thinking He mean't a CCP)
I said No, Then Another bike officer showed up ran my gun and began taking the ammo out of my clip,
Officer one came back and asked If I was 21
He tried to say I had to be 21 to posses a Gun, So I showed him my
PPP to prove that I could Posses a handgun. After they came to the conclusion
nothing on me was Illegal, Officer one wrote me a ticket for not coming to a complete stop at a stop sign.

He didn't even Hand Me my gun back, He just asked could I unlock the trunk
from inside the car I said yes he Said ok to go ahead and open it.
He said He was gonna put my weapon back there (In the trunk)
and for me to get it out after I pull away when it was safe to do So.

Is this standard operating procedure?

I Don't have any points on my License Nor ever been stopped by a LEO, is it pretty normal
to get a Citation for a moving violation for a first offense like this?

Just wondering, Thanks Jason.

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I'm not from North Carolina -- what is a PPP ???

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PPP = Pistol Purchase Permit. They are 5 bucks each. If you have a Concealed Weapons Permit you don't need to purchase a Pistol Purchase Permit in order to purchase a pistol (or any handgun).

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Update On the situation.
I talked to a lawyer in Charlotte and from my understanding The Officer that "waved" (Being he was on a bike and no lights or sirens) Me over while on his Bike was an Off duty Police officer hired by someone in the area as security.

:banghead::banghead:

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I don't see how a wave can be upheld in court. Do you get charged with evading if you don't stop for a wave? How would the officer prove that you saw his wave? I know we have a statute "failure to stop for a blue light" But is there one for failing to stop for a wave also?

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My 2 cents:

1) Running the numbers of a firearm is not what we want on OCDO. We wantLEO interactions to be non events. If police think every time they have an interaction with an armed citizen they have to disarm the citizen and run the numbers, then OCers will be seriously inconvenienced. Put electrical tape over the serial number. LEO can't remove it without a warrant. (No probable cause for a warrant so no "running the numbers"). Bad LEO removes the electrical tape? - now he/she had clearly violated the 4th A with an illegal search. The illegal search and the unjustified time to run the numbers gives you grounds for a formal complaint or legal action.

2) Never open your trunk for a LEO. Nothing good can come of that.

3) Don't argue the law with the LEO. Education should happen when the LEO is open to learning, not when the LEO is in an advesarial mode, looking for reason to cite or arrest you.

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Thundar wrote:

My 2 cents:

1) Running the numbers of a firearm is not what we want on OCDO.  We want LEO interactions to be non events.  If police think every time they have an interaction with an armed citizen they have to disarm the citizen and run the numbers, then OCers will be seriously inconvenienced.  Put electrical tape over the serial number.  LEO can't remove it without a warrant.  (No probable cause for a warrant so no "running the numbers").  Bad LEO removes the electrical tape? - now he/she had clearly violated the 4th A with an illegal search.  The illegal search and the unjustified time to run the numbers gives you grounds for a formal complaint or legal action.

2) Never open your trunk for a LEO.  Nothing good can come of that.

3) Don't argue the law with the LEO.  Education should happen when the LEO is open to learning, not when the LEO is in an advesarial mode, looking for reason to cite or arrest you.

 

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Never thought of Duck tape being used like that LOL.
I been talking with different people and I have been told that being my serial number's were not in the open that he had already violated my 4th amendment due to my gun was in the holster and the numbers were covered And I Did NOT consent to a search.

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Alas absent of objections, and consenting to search of your trunk, a
"reasonable" judge will conclude you did give consent to running the numbers. :X

If you didn't stop, how on earth did he catch up to wave you over?
If you are going to break the law, then go whole hog and floor it.:shock:

But any stop where you leave with your gun and exit hole intact is a good one.

If you still want a little fun, then contest the ticket, and when he shows up at trial
grill him on why he trampled all over your rights. You might even get a judge
who hates cops as much as presbo.
Just be sure to use the line "Acting Stupidly" in the questioning somewhere.:what:

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SlackwareRobert wrote:

Alas absent of objections, and consenting to search of your trunk, a
"reasonable" judge will conclude you did give consent to running the numbers. :X

If you didn't stop, how on earth did he catch up to wave you over? 
If you are going to break the law, then go whole hog and floor it.:shock:

But any stop where you leave with your gun and exit hole intact is a good one.

If you still want a little fun, then contest the ticket, and when he shows up at trial
grill him on why he trampled all over your rights.  You might even get a judge
who hates cops as much as presbo.
Just be sure to use the line "Acting Stupidly" in the questioning somewhere.:what:

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Number 1 did NOT break the law I didnt run the sign and have witnesses.

He ran the numbers before the trunk was opened He had me open the trunk at the end of the stop so he could put my weapon back there for his safety (I guess my safety dont matter ) So If me opening the trunk shows that I consent to a search How would a judge say I consented to a search for him to run my gun when he ran my gun before I opened the trunk?

The speed limit was 25 And I doing 20 mph and then I looked in my mirror and seen him (Not knowing He was a LEO ) and the good law abiding citizen I am pulled over when i was informed by my passenger (He is from Charlotte) that it was a LEO
I am NOT from Charlotte didnt know they had Cops on bikes.

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NCjones wrote:

I don't see how a wave can be upheld in court.  Do you get charged with evading if you don't stop for a wave?  How would the officer prove that you saw his wave?  I know we have a statute "failure to stop for a blue light"  But is there one for failing to stop for a wave also?

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I don't know how in the world it would stand I guess because I was dumb enough to accept the ticket

99% of people would have NEVER seen him behind them on a bike I did because I am very careful and dont let people follow me to long so I am always checking to see who is behind me I seen the wave but Didnt know he was a Cop and I wouldnt have pulled over had I not been told that he was LEO.


I was told by my uncle who took BLET and worked LE back in the 80's that for it to be considered a "traffic stop" their has to be atleast blue lights But He couldnt give me a statue ANd I dont know how to look that up.

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Facts, witnesses, time lines, OMG you are a young one.
Those have nothing to do with the 'justice' system. :lol:
It isn't the timing between the different searches, it is the
inference that you agreed to the car search, so why wouldn't you have
agreed to the gun search before that.
You need to think like a JBT, to understand how the system works.

Just take it as a learning experience, then Modify the don't talk to police
mantra to also include don't talk to driver about police.

Still say you should contest the ticket and rake him over the coals,
you only have to be disarmed in the courtroom. You get to cross
his testimony, at worst you pay the ticket you would have to
by mailing a check anyways, and you get to embarrass him in front of
his buddies waiting on their cases.
"So when did you suspect the gun was stolen"
"Do you make a habit of putting women's purses in the car trunk
when you stop them?" ... "So I am special then?"
"Do you like taking peoples property and blackmailing them into letting
you make illegal searches."
"Why did you lie to gain entry to the trunk if you really wanted to snoop
around in the first place, could you find no room for one little pistol back there?"
"My birth date is on the license, why can't you figure out I am to young to
have a conceal permit?"
"Do you make a habit of misinforming citizens about the law, are you a lawyer?"
I don't know what all went on, but have some fun, and tie up the system
for a while. Get you feet wet with something minor that won't be a big deal.
I have found that a lot of judges are just plain sick of the parade of winey i'm sorries.
You give them some new different entertainment and it helps them get through
another boring day and they will work with you. Also found they can't stand to be
told they are citizens and have every rite to write there congressmen to get a law
changed if they don't like it. Haven't found one yet that didn't get purple with rage.

I've been waiting 15 years now to get that golden illegal ticket for obeying the law.

Good news is traffic laws are all together in one volume set, one weekend can
be wasted reading through the entire thing. But be prepared to be amazed at
some of the stupid things you will find in there.

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SlackwareRobert wrote:

I've been waiting 15 years now to get that golden illegal ticket for obeying the law.

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Well All I can say is visit Charlotte NC and be young
And you shouldn't have to much problem
Good luck and good day Sir