Stopped by a Charlotte Bicycle Officer

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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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There's no accounting for if an officer will ticket you for something like that. Some people manage to find friendly officers who give them warnings. I've only ever managed to get off with a warning once.

They should not be running numbers on your weapon and you should complain to their department about this. There was no reason to run it.

Also, I would not personally open my trunk for them. I don't feel that it is reasonable and it is, in my opinion, a bit of fishing since they can't require to open your trunk for them.

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If you open your trunk, you may as well give permission to search.

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k-town river rat wrote:

If you open your trunk, you may as well give permission to search.

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Excellent point. It's a LEO maneuver to get a free look-see in the trunk, right?

I wonder what would happen if the citizen would insist that he didn't want the trunk to be opened but rather wanted the handgun returned to him in the passenger compartment?

I swear, it is apparent that a hefty part of thetraffic stop modelis to search stuff or people.

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Once he wrote me a citation I would of went into defensive mode. Nothing else he could cite me for. I would of stated that I would like to retain the pistol on my dash so that I have access to it for my defense. I would of refused to open my trunk. I would of also complained.

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See I was thinking the whole time unless he had a firm belief
That I had committed a crime or was about to commit a crime they couldn't run my gun But my Uncle who was with me said He has been stopped many times through the years and ever cop that pulled him ran his gun So I didn't say anything I wasn't 100% sure If I was right.

Had I been alone where the Cop could have put the weapon on the passenger seat So he wouldn't have to hand it back to me but just leave it in the seat I probably would NOT have opened the trunk. I regret opening the trunk now, (Not trying to be a butt hole)
The thing is When the Cop that ran my gun put it in the trunk He pulled a tote out I had in there and opened it and I SEEN him with my own eyes and so did my Uncle looking in it ANd when My uncle turned around and was watching him he put it back in.
The thing is the tote he pulled out had my extra ammo ear plugs and a fixed blade knife and a pocket knife I had in there from going to target Practice.
He claimed he put my Gun in there so it wouldn't roll around in the trunk and get beat up but when I stopped to get my gun out he had put JUST my CLIP in the tote and my gun was just laying open in the trunk.

I feel like the whole reason he wrote me up was Because I had the gun He wasn't to happy about me having it and He talked/asked more ?'s about it then me running the stopped sign (Which I didn't even do and I have a witness)

I feel (JUst my feeling) He wrote me up because He had already ran me in and He knew he couldn't get me for a weapons charge Because I had the ppp to prove I could posses a gun.

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I would of just said that I would rather keep it in the front of the cab with me.

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They don't have any reason to deny you your property if you won't open the trunk. It's apparent that he was trying to get a free look for evidence. I would make a bit of a stink about them running your numbers and looking through your belongings without permission.

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Hot rod, here is the question on running the gun. What probable cause did the LEO possess that lead him to believe the gun was stolen? The only reason to run the numbers is to see if it's stolen. My question is what PC allows them to do this. I believe they don't have PC and just rely on folks letting them do it. It bugs me to no end. I would contact the office. You may not get far, but it's worth a shot.

The trunk thing is ridiculous but better than some I have heard. ON the ground, on a newspaper rack, 15 ft away out of reach and out of your control. Yeah, that's a great idea. :banghead:

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I've had three encounters over the years where they called in my serial numbers to check the pistols. Ridiculous.

And why did he ask you if you were 21? A: 18 is legal to possess a pistol in NC. B: It was a traffic stop didn't he already have your DL?

And I wouldn't have opened the trunk either remotely or otherwise for him.

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@ ChiefJason I'm not sure why He ran the gun (Just fishing I guess) I had not had any behavior for him to feel like I was a criminal or No illegal actions or anything.

He did ask if I had anymore weapons in the car or Illegal Contraband ETC in the vehicle which in returned I replied I have a pocket knife Thats it And no to ANY illegal items.


@ Smith45acp
I'm guessing either the cop didn't know you could posses a handgun at 18 or two He was gonna try (Had I not spoke up) to get me for a weapons charge and Had I not known that I could posses and had my ppp in the car He probably would have charged me with it.
Yes He had my DL and thats what kinda bugged me because he knew I wasnt 21 I thought maybe he was trying to see if I would lie to him.


My brother in laws Best friend got pulled out side of sanford when he was 18 (2years ago) and had his dads handgun in the car and the trooper tried to take his weapon and the guy had to call his dad.

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The other thing I didn't understand why would He ask me if I had a permit for my gun IF It was open on the dash?

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Smith45acp wrote:

I've had three encounters over the years where they called in my serial numbers to check the pistols. Ridiculous.

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Ridiculous and unlawful.

And I wouldn't have opened the trunk either remotely or otherwise for him.

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Also an unlawful requirement. They can request it and you can deny them the PRIVILEGE of inspecting your property and person.

If they make a demand, you make sure to tell them that it is being done without your consent. Carry a voice recorder. Sue them for 4th Amendment violations.

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So... you think you're going to open the trunk next time?

You're lucky they didn't take your ammo (which has happened to a few of the members here). It is also illegal for them to do so, but they try to get away with it if they can. Stand your ground, know your rights, and don't be afraid to use the law when it is in your favor.

F oppression!

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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.

Click to expand...

Hey I was just browsing through and this interested me. Me and my dad run a gun shop out side the city limits of Ayden,N.C.. And I am also taking criminal justice degree at Pitt Community College. I will say that the way this LEO acted was not normal I can understand his point of view wanting to put it in the trunk area for his safety. But at the same time you should not have popped your trunk for him because that's like saying here look in my trunk officer. No officer should have started running number's on your gun unless you had done something wrong. Also, as I posted up on this forum a while back only few officers has the common sense to know that you can OC at the age of 18. Which is part of the reason I don't open carry. I will say your PPP probably saved you from getting a ticket that was isn't even legal to write. And if you didn't run the stop sign I would complain to his upper authority and take it to the D.A. if they did not want to drop it I would speak with a Lawyer.


Thanks,
Blake

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The REAL reason that LEO wanted you to pop the trunk had NOTHING to do with "officer safety". If he was concerned with his safety, he could have just held on to your pistol until he was don, and then returned it to you unloaded, and tossed your magazine and unloaded ammo in the back seat.

The REAL reason he asked you to pop the trunk was what is know in the legal world as a "fishing expedition". By opening your trunk, you give him consent to look around back there, which amounted to a warrantless (and unjustified search) of your private property.

He should be reported, and a formal complaint filed.
.

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Dreamer wrote:

The REAL reason that LEO wanted you to pop the trunk had NOTHING to do with "officer safety". If he was concerned with his safety, he could have just held on to your pistol until he was don, and then returned it to you unloaded, and tossed your magazine and unloaded ammo in the back seat.

The REAL reason he asked you to pop the trunk was what is know in the legal world as a "fishing expedition". By opening your trunk, you give him consent to look around back there, which amounted to a warrantless (and unjustified search) of your private property.

He should be reported, and a formal complaint filed.
.

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He did Hold on to my weapon until He wrote me the ticket,
Thats when he had me pop the trunk was after he done handed me the ticket and license back.

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.40 Cal wrote:

So... you think you're going to open the trunk next time?

You're lucky they didn't take your ammo (which has happened to a few of the members here).  It is also illegal for them to do so, but they try to get away with it if they can.  Stand your ground, know your rights, and don't be afraid to use the law when it is in your favor. 

F oppression!

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NO! LOL I will NOT open the trunk the next time.
I should have NEVER did it in the frist place :banghead:

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wylde007 wrote:

Smith45acp wrote:

I've had three encounters over the years where they called in my serial numbers to check the pistols.  Ridiculous.

Click to expand...

Ridiculous and unlawful.

And I wouldn't have opened the trunk either remotely or otherwise for him.

Click to expand...

Also an unlawful requirement.  They can request it and you can deny them the PRIVILEGE of inspecting your property and person.

If they make a demand, you make sure to tell them that it is being done without your consent.  Carry a voice recorder.  Sue them for 4th Amendment violations.

Click to expand...

I already have a voice recorder and had it with me that day but someone in my family at some point and time took my battery's out Which I didnt find out until I felt this traffic stop going south and I got it out of the dash to cut it on.

Now I'm gonna start carrying it with my gun!
Lesson learned! :banghead: LOL

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:idea:

Hidden voice recorder in my weapon....$$$

Also 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.org!