Scooter88310
Regular Member
imported post
This is the letter I sent to my attorney. I just pasted it here.
On January 15th 2010, at approximately 7:30PM, in Artesia, New Mexico I was traveling on highway 285 with my wife and 2 young daughters, ages 4 and 1. I came upon a DWI checkpoint operated by the City of Artesia police department. An officer (name unknown) approached my drivers window, informed me that they were conducting a DWI checkpoint, and asked for my license, registration, and proof of insurance. As I handed him my insurance card, I informed him that my wallet was in close proximity to my sidearm. The officer said "O.K, I need you to keep your hands on the wheel for me, O.K?" He was polite and I did as instructed. The unknown officer called for another officer, later identified as Lt. David Spencer, and told him "We have a weapon here." Lt. Spencer approached the vehicle by the drivers side with his hand on his weapon and asked where my weapon was. I informed him that it was holstered on my right hip. Lt. Spencer, then in a loud and demanding voice, ordered me multiple times to "Keep your hands on the wheel!" and "Do not take your hands off that wheel!" Then he ordered me to pull my vehicle over to the parking lot of the Masonic Lodge next to the checkpoint, where he told me to put the vehicle in park. I was too afraid to reach for the gear shift, so I asked my wife to do it for me. I shut off the vehicle and Lt. Spencer ordered me to "Get out of the vehicle and keep your hands where I can see them." I asked if this was all really necessary, the only response from Lt. Spencer was an order to turn around and put my hands on the vehicle. At this point I was standing in front of the rear drivers side window, in full view of my children. Lt. Spencer approached me from behind and removed my pistol from its holster. The moment I felt him pull on my pistol I told him that I did not consent to any search or seizure of my person or property. His reply was "I'm not searching anything, this is for officer safety." He then sat my loaded firearm on the curved trunk of my car. My wife informed me after the event that when Lt. Spencer removed my weapon my 4 year old cried out "DON'T SHOOT MY DADDY!" Lt. Spencer began to question me about why I carry a firearm. I told him for self-defense. He balked and asked "Why, is someone after you?" My response was "I never know when I might need it." He asked if I had a concealed weapons permit. I told him no, and informed him that New Mexico was an open carry state, and I did not need a permit to openly carry a sidearm. Lt. Spencer argued with me telling me that if my jacket falls over the gun it is concealed. I reminded him that the firearm was not concealed, but New Mexico allows concealed carry in a private vehicle by non-permit holders. I then noticed another officer by the passenger side of the vehicle, Later identified as Sgt. Jarod Zuniga, who informed me that it was still not allowed if the weapon is on my person. Lt, Spencer the re-iterated his opinion that I needed to get a CCW permit. He asked if I was a felon, I replied that I am not. Sgt Zuniga asked who the pistol was registered to. I told him I purchased it new, so it would come back registered to me. Sgt Zuniga then proceeded to write the serial number of my firearm on a pad. I said "So, Now your going to search my pistol?" He was looking down at the vehicle, and I was able to make out "I have every right to do this" or "I am perfectly within my rights to do this." At this point the officers asked for the registration for the vehicle. My wife looked, but could not find our copy. We told the officers that we had misplaced it, but the license plate had a valid sticker. Sgt Zuniga said that the state could revoke registration, and they needed to see our copy. Then returned to his cruiser. My oldest daughter Julie was still crying, Lt. Spencer said I could get in the vehicle to calm her down. I opened the rear drivers door and re-assured my daughter that everything was O.K. She immediately calmed down. I asked Lt. Spencer if he could place his hand on my pistol so that it would not fall off the curved trunk when I shut the door. Sgt Zuniga returned with a citation for no proof of registration. I signed the citation in the area for court appearance. I was told I could secure my pistol and be on my way. Both officers had their hands on their weapons as I retrieved and holstered my own. The entire incident lasted between 30 and 45 minutes.
I did some looking and found that Spencer is the troop leader for the New Mexico Mounted Patrol. Troop 18 in Artesia New Mexico.
This is the letter I sent to my attorney. I just pasted it here.
On January 15th 2010, at approximately 7:30PM, in Artesia, New Mexico I was traveling on highway 285 with my wife and 2 young daughters, ages 4 and 1. I came upon a DWI checkpoint operated by the City of Artesia police department. An officer (name unknown) approached my drivers window, informed me that they were conducting a DWI checkpoint, and asked for my license, registration, and proof of insurance. As I handed him my insurance card, I informed him that my wallet was in close proximity to my sidearm. The officer said "O.K, I need you to keep your hands on the wheel for me, O.K?" He was polite and I did as instructed. The unknown officer called for another officer, later identified as Lt. David Spencer, and told him "We have a weapon here." Lt. Spencer approached the vehicle by the drivers side with his hand on his weapon and asked where my weapon was. I informed him that it was holstered on my right hip. Lt. Spencer, then in a loud and demanding voice, ordered me multiple times to "Keep your hands on the wheel!" and "Do not take your hands off that wheel!" Then he ordered me to pull my vehicle over to the parking lot of the Masonic Lodge next to the checkpoint, where he told me to put the vehicle in park. I was too afraid to reach for the gear shift, so I asked my wife to do it for me. I shut off the vehicle and Lt. Spencer ordered me to "Get out of the vehicle and keep your hands where I can see them." I asked if this was all really necessary, the only response from Lt. Spencer was an order to turn around and put my hands on the vehicle. At this point I was standing in front of the rear drivers side window, in full view of my children. Lt. Spencer approached me from behind and removed my pistol from its holster. The moment I felt him pull on my pistol I told him that I did not consent to any search or seizure of my person or property. His reply was "I'm not searching anything, this is for officer safety." He then sat my loaded firearm on the curved trunk of my car. My wife informed me after the event that when Lt. Spencer removed my weapon my 4 year old cried out "DON'T SHOOT MY DADDY!" Lt. Spencer began to question me about why I carry a firearm. I told him for self-defense. He balked and asked "Why, is someone after you?" My response was "I never know when I might need it." He asked if I had a concealed weapons permit. I told him no, and informed him that New Mexico was an open carry state, and I did not need a permit to openly carry a sidearm. Lt. Spencer argued with me telling me that if my jacket falls over the gun it is concealed. I reminded him that the firearm was not concealed, but New Mexico allows concealed carry in a private vehicle by non-permit holders. I then noticed another officer by the passenger side of the vehicle, Later identified as Sgt. Jarod Zuniga, who informed me that it was still not allowed if the weapon is on my person. Lt, Spencer the re-iterated his opinion that I needed to get a CCW permit. He asked if I was a felon, I replied that I am not. Sgt Zuniga asked who the pistol was registered to. I told him I purchased it new, so it would come back registered to me. Sgt Zuniga then proceeded to write the serial number of my firearm on a pad. I said "So, Now your going to search my pistol?" He was looking down at the vehicle, and I was able to make out "I have every right to do this" or "I am perfectly within my rights to do this." At this point the officers asked for the registration for the vehicle. My wife looked, but could not find our copy. We told the officers that we had misplaced it, but the license plate had a valid sticker. Sgt Zuniga said that the state could revoke registration, and they needed to see our copy. Then returned to his cruiser. My oldest daughter Julie was still crying, Lt. Spencer said I could get in the vehicle to calm her down. I opened the rear drivers door and re-assured my daughter that everything was O.K. She immediately calmed down. I asked Lt. Spencer if he could place his hand on my pistol so that it would not fall off the curved trunk when I shut the door. Sgt Zuniga returned with a citation for no proof of registration. I signed the citation in the area for court appearance. I was told I could secure my pistol and be on my way. Both officers had their hands on their weapons as I retrieved and holstered my own. The entire incident lasted between 30 and 45 minutes.
I did some looking and found that Spencer is the troop leader for the New Mexico Mounted Patrol. Troop 18 in Artesia New Mexico.
