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Traffic stop, while armed. questions...amount of compliance needed.

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
Volunteer nothing. You are not required to speak. Everything that you say will be used against you.It is not yet established law that a traffic stop provides lawful authority to request your CWL. I am not a lawyer and I am not blindly compliant.

My last traffic stop was in 1977. At my next traffic stop I intend to acknowledge the order to stop by pulling out of the traffic lane with my emergency flashers and dome light on and proceed safely to where I am safe from traffic and so is the cop. I will exit my vehicle with papers, DL, registration and insurance certificate, and voice recorder in hand and secure my vehicle by locking the doors with window rolled up. I will walk to the front of my vehicle and to the right hand side away from traffic to turn and face the officer. I will not resist and will not allow an extra-legal violation of my Fourth and Fifth Amendment rights. I will not speak beyond monosyllables and to inform the officer of my intent to exercise my rights and to demand my attorney.

DO NOT!!! EVER exit your vehicle on a traffic stop unless they ask you too. That is a really good way to get SHOT! In this story: http://mynorthwest.com/?nid=11&sid=498301 people that know the victim (the guy that was shot) said that he 9mm Mak was probably in his truck and was used to cover up the shooting....the think no-one disputes is that he exited his vehicle before the cop got there....and was shot for his efforts.
 

msteinhilber

Regular Member
Joined
Oct 10, 2010
Messages
125
Location
Verona, WI
DO NOT!!! EVER exit your vehicle on a traffic stop unless they ask you too. That is a really good way to get SHOT! In this story: http://mynorthwest.com/?nid=11&sid=498301 people that know the victim (the guy that was shot) said that he 9mm Mak was probably in his truck and was used to cover up the shooting....the think no-one disputes is that he exited his vehicle before the cop got there....and was shot for his efforts.

I agree, I open my window just a ways to be able to speak and hand my license/proof of insurance and that's it - so they can't pull their sniff test ******** and say they smelled something and have to search. If they ask me out of my vehicle, I shut off my vehicle, exit and lock up behind myself.
 

revolverrandy

Regular Member
Joined
Apr 4, 2010
Messages
89
Location
, ,
Is it true that if for some reason your gun is taken by the police that the police do not have to return the gun to you.They can just keep it if they want.Doesn't sound right to me but someone told me that there is nothing stating a cop has to return your gun to you if they take it.They can just keep it or dispose of it.Why they would take it I am not sure either.
 

Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
I agree, I open my window just a ways to be able to speak and hand my license/proof of insurance and that's it - so they can't pull their sniff test ******** and say they smelled something and have to search. If they ask me out of my vehicle, I shut off my vehicle, exit and lock up behind myself.

Exactly the way it should be done, ESPECIALLY LOCKING THE VEHICLE WHEN ASKED TO EXIT IT!!
By locking the vehicle, it removes their chance of pulling their latest crap that has been referred to as "Terry Search of the vehicle" by locking it, it removes the immediate access and makes their little "Terry Search" tactic unavailable.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
Is it true that if for some reason your gun is taken by the police that the police do not have to return the gun to you.They can just keep it if they want.Doesn't sound right to me but someone told me that there is nothing stating a cop has to return your gun to you if they take it.They can just keep it or dispose of it.Why they would take it I am not sure either.

Egads! That is theft! Pure and simple theft. If done under the colour of law, you have cause in Federal Court to clean that cops panyhose.

There is NO WAY a cop can legally disarm you and keep your weapon unless you are arrested for some "criminal activity" and the weapon is entered as evidence...no way!!!
 

GlockRDH

Regular Member
Joined
Sep 24, 2010
Messages
626
Location
north of the Peoples Republic of Madison
Exactly the way it should be done, ESPECIALLY LOCKING THE VEHICLE WHEN ASKED TO EXIT IT!!
By locking the vehicle, it removes their chance of pulling their latest crap that has been referred to as "Terry Search of the vehicle" by locking it, it removes the immediate access and makes their little "Terry Search" tactic unavailable.

' Mr Nutczak..step out of the car please...im catching a whiff of brisket and sause... you're being charged with being 'armed and delicious''
 
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