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The incident I am about to describe took place on the afternoon of 23DEC08. I am looking for facts and pertinent information only – please do not include “This is what I would have done” type scenarios. Please note, that the charges are pending litigation and that I maintain my innocence. Note, that I hold a valid Florida permit, but am a resident of the Maryland.
On 23DEC08 I was pulled over by a Florida(County) police car. I pulled into a parking lot, turned off my car, and placed my hands on the wheel. One of the officers, there was two of them, walked up to my passenger’s side window and asked for my license, registration, and proof of insurance, which I handed him. He then asked me who the car belonged to. The car was my fathers and I am the Third, which is clearly marked on my license, but I was polite when I pointed out the obvious to the officer.
He then asked me if I knew why I was pulled over. I responded with “Why did*(emphasis added) you pull me over officer?” He then stated that I ran a stop sign and was speeding. He asked me how fast I was going, to which I responded “How fast do you believe I was going officer.” This agitated the officer and we went back and forth with the same question and answer. He then in an irate tone stated “You don’t answer a question with a question and all you have to say is I don’t know.” The officer then asked me if I was LEO or a lawyer, to which I responded “No.” He told me to sit tight and that he would be right back.
While the first officer was running my information a second officer approached the driver’s side window leaned into my car and sniffed. He then stepped back and asked me to step out of the vehicle. He walked to the rear of my car and waited. With my permit in hand I informed the officer that I have a valid permit, that I was carrying and that my firearm was at the small of my back. He said to keep my hands where he could see them. I handed him my permit after which he asked me to put my hands on the back of the car. I complied, but insisted that I do not consent to any searches. He searched me, including grabbing and manipulating the objects in my pockets(outside only), then disarmed me. I did not feel safe at this point because of the actions and agitated demeanor of the officers, so I asked for a supervisor – I was denied. I then had my passenger call 911. I asked the officer why he pulled me out of the car and was told that he detected the odor of a fruity substance that could possibly be alcohol.
When the supervisor arrived, the second officer walked up to him and they began talking. The supervisor then walked over to me to ask why he had been summoned. I told him that I didn’t feel safe and that the officers where acting in an unprofessional manner (making false accusations traffic/alcohol). The supervisor then tried to play the same speeding question game as the first officer and I responded with the same answer. I then asked for the chain of events that led up to me being taken out of the car. He walked over to the other officers then walked back over to me and stated that one of the officers had seen my firearm. This was not possible because the first officer would have to have x-ray vision to see through my passenger, my shirt, and the seat I was sitting in. I informed the supervisor of this and he looked stunned and walked back to the other officer’s car. He then came back with the story about the fruity substance. I laughed and asked him if he actually thought that would hold up in court; he again looked stunned. The second officer then came over and asked my for my SSN because their system could not locate my permit. I provided the information under duress.
It was around this point that the first officer returned with my tickets. I signed them and asked for my firearm back. I was told no, they would not hand it back to me. I held my ground. I felt like my property had been stolen at this point and didn’t know what to do. I again demanded my firearm back and was told that they would place the firearm in my backseat and the bullets in the trunk. I told them that this was unacceptable. After several attempts, and again under duress, was forced to let them put it in – which was the equivalent of consenting to a search, but I felt I had no choice. This was the end of the encounter.
Note that they never followed up on this suspicious “fruity smell that could have been alcohol."
I was pulled over for “crimes” that I did not commit, was disarmed, searched, and was forced to consent to a search in order to get back property that was rightfully mine.
I have sorted through tons of Florida codes and case law and found nothing supports disarming someone during a traffic stop or any code that supports the conditional return of seized property.
Thoughts?
On 23DEC08 I was pulled over by a Florida(County) police car. I pulled into a parking lot, turned off my car, and placed my hands on the wheel. One of the officers, there was two of them, walked up to my passenger’s side window and asked for my license, registration, and proof of insurance, which I handed him. He then asked me who the car belonged to. The car was my fathers and I am the Third, which is clearly marked on my license, but I was polite when I pointed out the obvious to the officer.
He then asked me if I knew why I was pulled over. I responded with “Why did*(emphasis added) you pull me over officer?” He then stated that I ran a stop sign and was speeding. He asked me how fast I was going, to which I responded “How fast do you believe I was going officer.” This agitated the officer and we went back and forth with the same question and answer. He then in an irate tone stated “You don’t answer a question with a question and all you have to say is I don’t know.” The officer then asked me if I was LEO or a lawyer, to which I responded “No.” He told me to sit tight and that he would be right back.
While the first officer was running my information a second officer approached the driver’s side window leaned into my car and sniffed. He then stepped back and asked me to step out of the vehicle. He walked to the rear of my car and waited. With my permit in hand I informed the officer that I have a valid permit, that I was carrying and that my firearm was at the small of my back. He said to keep my hands where he could see them. I handed him my permit after which he asked me to put my hands on the back of the car. I complied, but insisted that I do not consent to any searches. He searched me, including grabbing and manipulating the objects in my pockets(outside only), then disarmed me. I did not feel safe at this point because of the actions and agitated demeanor of the officers, so I asked for a supervisor – I was denied. I then had my passenger call 911. I asked the officer why he pulled me out of the car and was told that he detected the odor of a fruity substance that could possibly be alcohol.
When the supervisor arrived, the second officer walked up to him and they began talking. The supervisor then walked over to me to ask why he had been summoned. I told him that I didn’t feel safe and that the officers where acting in an unprofessional manner (making false accusations traffic/alcohol). The supervisor then tried to play the same speeding question game as the first officer and I responded with the same answer. I then asked for the chain of events that led up to me being taken out of the car. He walked over to the other officers then walked back over to me and stated that one of the officers had seen my firearm. This was not possible because the first officer would have to have x-ray vision to see through my passenger, my shirt, and the seat I was sitting in. I informed the supervisor of this and he looked stunned and walked back to the other officer’s car. He then came back with the story about the fruity substance. I laughed and asked him if he actually thought that would hold up in court; he again looked stunned. The second officer then came over and asked my for my SSN because their system could not locate my permit. I provided the information under duress.
It was around this point that the first officer returned with my tickets. I signed them and asked for my firearm back. I was told no, they would not hand it back to me. I held my ground. I felt like my property had been stolen at this point and didn’t know what to do. I again demanded my firearm back and was told that they would place the firearm in my backseat and the bullets in the trunk. I told them that this was unacceptable. After several attempts, and again under duress, was forced to let them put it in – which was the equivalent of consenting to a search, but I felt I had no choice. This was the end of the encounter.
Note that they never followed up on this suspicious “fruity smell that could have been alcohol."
I was pulled over for “crimes” that I did not commit, was disarmed, searched, and was forced to consent to a search in order to get back property that was rightfully mine.
I have sorted through tons of Florida codes and case law and found nothing supports disarming someone during a traffic stop or any code that supports the conditional return of seized property.
Thoughts?
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