Encounter with State Police and K9 Today WOW

trophyhunter

New member
Today Sunday 05 May 11 I took my Children for a ride in the country.We decieded to stop for lunch in the small Southern Tier Town we were in. Across the Street from the Little Diner,There was the State Police giving an seminar on Drug Awareness. Both my Daughters wanted to go and, see the dogs and, the State Troopers. Now, not even thinking I had my Napsack on my arm. And in my napsack was my Pain Pills from my
recent back surgery. when we got close to the Troopers and, the dogs I set my napsack down to pick up my 4 year old she was a little frighten by the dogs. When all of a sudden the German Sheppard K9 started going crazy and scratching at my napsack. from this point the Trooper asked what was in my bag. I advised him it was my pain medication. when the other trooper approached he asked if he could look in my bag. Thank God that I didnt take any pain medicine today. The Trooper found the small bottle in my napsack and verified my name according to the perscription label. I was armed today and I advised the Trooper that I was carriyng. from here he asked if he could remove my weapon and make it safe. I agreed. from here I proceeded to retreive my drivers lic. and my Pistol permit. I was asked again if i had taken any of the pain medication today I said no. from this point I was read the riot act. Carrying an concealed weapon with pain medication( Not a good or, smart move on my part) after everything was verified by the troopers. The lead Trooper said to me that if i was alone and didnt have my kids with me they would of taken me to their barracks and have my urine tested. I learned a very hard lesson today. the Troopers were all very professional not at any time did they treat me badly. Im still kicking myself in the A_ _
for doing that. It just goes to show one little mistake can get ugly really fast. the worse part of the whole process was having this happen in front of my children and a crowd of around 40 poeple. very Embarrassing for me. I never in a million years would think something like this could happen. Hats off to the State Police they handled everything very Professional. Im just glad it was them and not some small town Sherriff. after all that was done we decieded to leave that small town and eat lunch else where. i was to beside myself with Embarrassment to stay in that town and NEVER,NEVER CARRY PAIN MEDICINE WHEN CCWing even if your not taking any. I know or thought, I knew better than that. I have become a little to relaxed, pertaining to carrying. I will not make that Mistake again.
 
I am glad you came out of this without so much of a scratch. I might remember that myself when I travel -- to keep my medicines separate from me and my carry. Thank you for telling us this story. Something to remember and take care.

Take care...
 
Removing a gun from a holster for safetying the weapon? WTF? A holstered weapon is safe. Most police officers are not that familiar with firearms and only basically know their own sidearm. They took a huge risk and risked the safety of the 40+ people there for no real cause. If this happened to me, I don't think I would boasting accolades about law enforcement handling of it.
 
So, EXACTLY which LAW/STATUTE/ORDINANCE did they CLAIM you were breaking? The dogs alerted to the backpack. That was RAS (Reasonable Articulable Suspicion) to detain you for what was in the bag. After they VERIFIED that there was prescription medicine in the bag and that you were the proper person to which that medicine belonged, at that point any RAS that they had of a crime being committed was settled. Everything after that was a clear violation of your 4th amendment rights.

You shouldn't be beating yourself up. You should be seeking action for a violation of your rights.

Why did you tell them about your gun? Were you required to by law?
 
After spending a few years as a law enforcement officer, I was a little confused by the dog alerting on your bad and prescription medication. I have never known or heard of drug detection dogs being trained to alert on prescription drugs. The one possibility would be any opium derived pain killers could have alerted the dog.

The definition of the term "narcotic" is any drug derived from opium. Codeine, hydrocodone, or any similar type could possibly alert the dog.

Here is some good advice from an ex cop who strongly supports the 2nd amendment.

If you are carrying, stay away from law enforcement if at all possible. Yes you may have the letter of the law on your side, but certainly not the enforcers of the law. Cops get real uptight about citizens carrying a firearm.

Never walk up to the cops and just tell them you are carrying. If you are being detained for some reason then tell them. They almost always take a dim view of a non Leo carrying.

I understand we have constitutional rights as well as CCW permits, but that still does not cause law enforcement to pat you on the back and welcome you. they are naturally suspicious and a bit jaded from all the negative encounters they deal with on a regular basis.
 
Excuse my ignorance here, but if you are legally carrying your gun and you have a prescription for the pain medication from a doctor and your taking the medication as prescribed, then i don`t see the problem of having your weapon and pain medication with you at all. If im wrong in this thinking, please explain.
 
Excuse my ignorance here, but if you are legally carrying your gun and you have a prescription for the pain medication from a doctor and your taking the medication as prescribed, then i don`t see the problem of having your weapon and pain medication with you at all. If im wrong in this thinking, please explain.

Like trophyhunter, I have had back surgery and several other surgeries for which I take Hydrocodone. It is a prescription narcotic and my bottles have been labeled "May Cause Drowsiness" and "Do Not Drive While Taking This Medication." Consequently, I only take my medication when I am at home, not on the road driving. When traveling, my wife and I both put our medications in a bag and in the trunk of the car. There is always the possibility of being charged with driving under the influence of a controlled substance if I had to take a urinalysis considering the wording on my prescription bottles. As for the weapon, in this circumstance, it would not have paid for trophyhunter to get in the police officer's face and I feel he did right about notifying that he had a weapon. There will be disagreement to this but I still feel he did right.
 
Here is some good advice from an ex cop who strongly supports the 2nd amendment.

If you are carrying, stay away from law enforcement if at all possible. Yes you may have the letter of the law on your side, but certainly not the enforcers of the law. Cops get real uptight about citizens carrying a firearm.

Never walk up to the cops and just tell them you are carrying. If you are being detained for some reason then tell them. They almost always take a dim view of a non Leo carrying.

This
 
There will be disagreement to this but I still feel he did right.

Whether or not Trophyhunter did right.... the officers still violated his 4th amendment rights after they determined he was in lawful possession of the prescription medication. As far as actually being medicated while carrying - that depends on state law. For example in Washington, there is no law against carrying a firearm while under the influence of alcohol or lawfully possessed medication.
 
Oldgrunt, no problem answering your question and There is no Ignorence on what you have asked. According to New York State law, If you are carrying an Concealed Weapon you can not be under the Influence of Alcohol and or, Narcotics God forbid I ever had to use my weapon while taking an Narcotic pain Medication I would most deffently be in an world of hurt That would all the Ammo the District Attorney would need I forgot yo mention of first post the Trooper did point out the warning labels on my Perscription bottle not only would I be charged for being under the Influence while beiing armed but also I would be charged for operating an motor vehicle and in dangering the welfare of an child in new york there are many, many penal laws they could of charged me with.
 
According to New York State law, If you are carrying an Concealed Weapon you can not be under the Influence of Alcohol and or, Narcotics

Not it becomes clear.... Still, the argument could be made they had no RAS to suspect you were under the influence. In Washington, though, their actions after they determined the prescription medication was yours, everything else after that would have been clear cut rights violations.
 
Is it illegal in your state to carry concealed with a prescription on your person? Or was their concern that you were possibly carrying under the influence?
 
In Florida that's a clear overreach after verifying the pills were yours...if you aren't acting in any "under the influence" how could you possibly be told that they would make you take a piss test? They didn't make that call because your family was there, they did it because they couldn't defend it later if you sued. Now, if they asked and you complied willingly none of it really a violation as you chose to do so........I'm a huge fan of, "am I being detained officer or am I free to go?"
 
As a retired LEO with over 25 years of service in the arm pit of this country New Jersey I can only question why you said anything about your weapon. Unless you were in a state where it was mandatory for you to tell them then keep your mouth shut. I am on pain meds. every day to the tune of 90 miligrams of Morphine and 3600 miligrams of gebapentan. I function just as clear headed as I did without the meds. but without pain. Unless asked keep quiet and you should not have any problem.
Bill
 
Hate to say it but I think you brought this on yourself. Unless you have a valid reason don't approach the cops
 
Just for fun, if you smoke and drive, you are driving under the influence of an addicting agent, Nictoine is an addicting agent. Check your state regs as some states the wording may mess you over. Peace, Love, Colt 45
 

New Threads

Members online

Forum statistics

Threads
49,523
Messages
610,661
Members
74,992
Latest member
RedDotArmsTraining
Back
Top