• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

when being pulled over

halo6941

Regular Member
Joined
Feb 20, 2010
Messages
67
Location
Ontario, California, USA
imported post

OK I think this was asked here once before but I cant find it so here it goes. If you are pulled over and the officer asks are there any weapons in the car, what do you say if you have your firearm in a locked container say on the passanger side floor or in the trunk. are you required to declare it.
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
imported post

halo6941 wrote:
OK I think this was asked here once before but I cant find it so here it goes. If you are pulled over and the officer asks are there any weapons in the car, what do you say if you have your firearm in a locked container say on the passanger side floor or in the trunk. are you required to declare it.
"You have the right to remain silent, anything you say can and will be used against you in a court of law..."
What people often miscite as "Miranda Rights" is the 5th amendment. The 5th amendment applies all the time. As the officer is the representative of the State, he may ask any question of you he likes, however he is not entitled to a response that could implicate you in wrongdoing and your arrest.

"I have nothing illegal in my vehicle." is one appropriate response.

I believe "I don't have anything that I would harm you (refering to the officer) with." is also workable.
 

halo6941

Regular Member
Joined
Feb 20, 2010
Messages
67
Location
Ontario, California, USA
imported post

ConditionThree wrote:
halo6941 wrote:
OK I think this was asked here once before but I cant find it so here it goes. If you are pulled over and the officer asks are there any weapons in the car, what do you say if you have your firearm in a locked container say on the passanger side floor or in the trunk. are you required to declare it.
"You have the right to remain silent, anything you say can and will be used against you in a court of law..."
What people often miscite as "Miranda Rights" is the 5th amendment. The 5th amendment applies all the time. As the officer is the representative of the State, he may ask any question of you he likes, however he is not entitled to a response that could implicate you in wrongdoing and your arrest.

"I have nothing illegal in my vehicle." is one appropriate response.

I believe "I don't have anything that I would harm you (refering to the officer) with." is also workable.
ok thanks.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

I wouldn't respond at all, except maybe to ask if I'm free to go yet.

"Do you have any guns or drugs in your vehicle?"

"Am I free to go yet?"

"Why don't you want to answer my question, do you have something to hide?"

"Not at all, I just would rather be on my way without all the small talk."
 

cscitney87

Regular Member
Joined
Aug 13, 2009
Messages
1,250
Location
Lakewood, Colorado, USA
imported post

CA_Libertarian wrote:
I wouldn't respond at all, except maybe to ask if I'm free to go yet.

"Do you have any guns or drugs in your vehicle?"

"Am I free to go yet?"

"Why don't you want to answer my question, do you have something to hide?"

"Not at all, I just would rather be on my way without all the small talk."


How Ironic because you just talked.. small..
 

Ca Patriot

Regular Member
Joined
Feb 25, 2010
Messages
2,330
Location
, ,
imported post

One time I was stopped while riding my bicycle in Redondo Beach California. I am a semi pro bicyclist and as such I wear "skin tight spandex" racing clothes. I was stopped at 9pm because the officer said I didnt have a light on my bike.

He asked for my name and asked to see ID. I said I didnt have my ID on me and then he told me to get off my bike and patted me down. He then asked "do you have any guns, knives or drugs on you?" I thought this question was offensive so I answered "yes officer, i have an AK-47 assault rifle in my back pocket". Bear in mind that I am wearing literally skin tight spandex racing shorts and a skin tight racing shirt. I wrongly assumed the officer either was smart enough to know I didnt or smart enough to see that I was obviously being sarcastic.

Well, that was the wrong answer !!! Next thing I know I am in handcuffs on the curb and 3 more cop cars are called in. The superior officer arrives and says "how come you lied to this officer about being armed with an assault rifle" I answered "sir, I didnt say I had an assault rifle, I said I had an AK-47". He then said "okay, lying to a police officer is against the law, we are going to arrest you for..." and then he mentioned about 50 different made up codes and laws.

I then said "sir, I honestly believed when I left my house that I had an AK-47 in my pocket, I guess I am wrong but there is no lawagainst being mistaken about what you DONT have in your posession". Well, 45 minutes later after 10 checks for warrants, a DUI field sobriety test, a breathelizer test and many many illegal threats made by the officers I was "let go" with a $290 ticket for "inadequate lighting" and "giving false information to a police officer".

I went to court and got both citations dismissed.
 

halo6941

Regular Member
Joined
Feb 20, 2010
Messages
67
Location
Ontario, California, USA
imported post

Ca Patriot wrote:
One time I was stopped while riding my bicycle in Redondo Beach California. I am a semi pro bicyclist and as such I wear "skin tight spandex" racing clothes. I was stopped at 9pm because the officer said I didnt have a light on my bike.

He asked for my name and asked to see ID. I said I didnt have my ID on me and then he told me to get off my bike and patted me down. He then asked "do you have any guns, knives or drugs on you?" I thought this question was offensive so I answered "yes officer, i have an AK-47 assault rifle in my back pocket". Bear in mind that I am wearing literally skin tight spandex racing shorts and a skin tight racing shirt. I wrongly assumed the officer either was smart enough to know I didnt or smart enough to see that I was obviously being sarcastic.

Well, that was the wrong answer !!! Next thing I know I am in handcuffs on the curb and 3 more cop cars are called in. The superior officer arrives and says "how come you lied to this officer about being armed with an assault rifle" I answered "sir, I didnt say I had an assault rifle, I said I had an AK-47". He then said "okay, lying to a police officer is against the law, we are going to arrest you for..." and then he mentioned about 50 different made up codes and laws.

I then said "sir, I honestly believed when I left my house that I had an AK-47 in my pocket, I guess I am wrong but there is no lawagainst being mistaken about what you DONT have in your posession". Well, 45 minutes later after 10 checks for warrants, a DUI field sobriety test, a breathelizer test and many many illegal threats made by the officers I was "let go" with a $290 ticket for "inadequate lighting" and "giving false information to a police officer".

I went to court and got both citations dismissed.
$290 ticket. ITs a bike, and the other thing that gets me is that the cop asked if you had any guns, knives or drugs on you. where were you to be hiding these if you did.
 

dirtykoala

Regular Member
Joined
Jan 27, 2009
Messages
644
imported post

I want to try saying "unless you have a warrant, you'll never know!" or "I'm just happy to see you";)
 

markm

New member
Joined
Mar 7, 2010
Messages
487
Location
, ,
imported post

CA Patriot,

"I went to court and got both citations dismissed."

How did you get the both citations dismissed? Did you wear your spandex to court to prove how foolish the fuzz was?

What did the judge say when he ruled?

Did the topic of ID come up in the court room?

markm
 

KAISER-MAN

Regular Member
Joined
Apr 10, 2009
Messages
23
Location
Modesto, CA
imported post

The last time I got pulledover was by a CHP, I was on my Harley, on the freeway and when I saw him I just knew I was going to be stopped. Just a feeling you get. When the officer walked up to me he stated "do you know why I pulled you over?" I just couldn't help myself and replied "because your lonely." Well I truly found a cop with a sense of humor. He looked at me for a moment with this puzzled look and just busted out laughing. He said he'd never heard that one before and after he checked my license he let me go and told me to watch my speed. Hestill had the biggest grin on his face when he got back in his car and drove off. I guess I just got lucky.
 

halo6941

Regular Member
Joined
Feb 20, 2010
Messages
67
Location
Ontario, California, USA
imported post

KAISER-MAN wrote:
The last time I got pulledover was by a CHP, I was on my Harley, on the freeway and when I saw him I just knew I was going to be stopped. Just a feeling you get. When the officer walked up to me he stated "do you know why I pulled you over?" I just couldn't help myself and replied "because your lonely." Well I truly found a cop with a sense of humor. He looked at me for a moment with this puzzled look and just busted out laughing. He said he'd never heard that one before and after he checked my license he let me go and told me to watch my speed. Hestill had the biggest grin on his face when he got back in his car and drove off. I guess I just got lucky.
wow 1 in a million, thats hard to find
 

Ca Patriot

Regular Member
Joined
Feb 25, 2010
Messages
2,330
Location
, ,
imported post

KAISER-MAN wrote:
The last time I got pulledover was by a CHP, I was on my Harley, on the freeway and when I saw him I just knew I was going to be stopped. Just a feeling you get. When the officer walked up to me he stated "do you know why I pulled you over?" I just couldn't help myself and replied "because your lonely." Well I truly found a cop with a sense of humor. He looked at me for a moment with this puzzled look and just busted out laughing. He said he'd never heard that one before and after he checked my license he let me go and told me to watch my speed. Hestill had the biggest grin on his face when he got back in his car and drove off. I guess I just got lucky.

I have been looking all over for my old records from the case. I cant find them. It was about 16 years ago.

Yes, I did wear my spandex to court and I felt like a complete moron, lol, but I dont think the judge was swayed by it at all. I really think the judge had her mind made up before I even got there. This whole process took about 3 minutes max. This was during the OJ trial and I thought it would be like a 5 month trial with witnesses and experts, haha

I do know that on the "lying to a police officer" the judge (it was a she) ruled that the officer cited the wrong section of the CA code. I was kinda mad because I was hoping the judge would rule that I DIDNT lie to a police officer but I think she wanted to make both me and the officer happy by saying "oh, it was the wrong section of code".

The light ticket was dismissed because the officer said I needed a front light AND a back light which at the time wasnt requiered since I had a reflector. Oddly enough I didnt have a reflector, I lied, and the judge believed it.

The third ticket was for no ID and the judge promptly ruledI didnt need to carry ID that the law refered to "motor vehicle" and not "vehicle".
 

markm

New member
Joined
Mar 7, 2010
Messages
487
Location
, ,
imported post

Hey Ca Patriot,

Thanks for your response. A judge with some common sense and knowledge of the law and civil rigths. Wow.

markm
 

coolusername2007

Regular Member
Joined
Jun 28, 2009
Messages
1,659
Location
Temecula, California, USA
imported post

halo6941 wrote:
OK I think this was asked here once before but I cant find it so here it goes. If you are pulled over and the officer asks are there any weapons in the car, what do you say if you have your firearm in a locked container say on the passanger side floor or in the trunk. are you required to declare it.
Don't answer at all. Just keep things moving in your direction. http://www.youtube.com/watch?v=eDJrQBwJpqk
 
Top