Stopped by a cop, what to do?

[ZIG1911]

I CC my Zig 1911 .45 cal for a long time now. I am pretty much law abiding citizen with clean record (not even a speeding ticket). During our instructional classes, it was always mentioned what to do during a pull over by a cop... although I was ready for it, never practiced in real life situation until yesterday.
Here is what I did, pretty much a book-perfect reaction...
I was stopped, the cop came over and asked the question "do you know why I stopped you", while my both hands on the wheel, I tried to guess, but it was something other than what I guessed... very honest mistake on my right turn. He asked my driving license and registration, I didn't have registration (I still don't know where the heck I put that), I gave my license, conceal carry permit and insurance papers. He asked if I have the firearm with me, again while my both hands on the wheel, I said yes, he asked where it was, I told him it was on my right hip... During our conversation, I kept my hands on sight, and kept my cool, I respectfully answered the questions. He told me to get out of my car, I did, turn around, I did, and he took my gun from my hip, he said I could go into car and wait for him, and I did.
It took about 5-7 minutes, he came back from other side of my car, opened the passenger door, looked inside with the flashlight first, then replaced my pistol next to the passenger seat, under the door side... closed the door and said he won't give me ticket at this time, I have to be careful on my turns, and said I could take the gun where it is right now after he left.
Since this was my first time stopped with my pistol on me, I wanted to share it with you. During a stop, either you get a ticket or not, it is very important to keep your cool, and respect the cop(s) during the whole time.

 

[rayporsche]

And that is the way it should go every time.....

 

[Sir Diealotz]

Don't care too much for taking the weapon but guess it depends on where you are located.

 

[grizzerr]

Well done.

Sent from my HTC One X+ using Tapatalk 2

 

[thoricuncle]

I agree, very well done.

Only Monday Morning Quarterbacking I would give is when he asked, "Do you know why I pulled you over?"; the correct answer is, "No Sir".

If you say, "I was going a bit too fast". You have just confessed. There is really no point in trying to guess either. He is not going to say, "You're right! Thanks for playing and have a nice day".

I have been pulled over twice while carrying. Once on school grounds. (Kentucky has a parking lot exemption so I was ok). Both times I handed them my CCDW and my drivers license and told them where I was carrying. Both LEO's said, "Just keep it there and we will be ok". I should mention that I got away with no ticket on either one. In Kentucky, reporting is not mandatory but I think that when someone does report, the feel like you are a law-abiding citizen. Of course, it helps that I'm a middle aged man. My young and scruffy son has not had similar pleasant experiences with the LEO's.

 

[SR40c]

In Iowa, we don't have to inform. In this case, I wouldn't have until he asked me to get out of the car, which again, he wouldn't have to begin with.

 

[mappow]

Assumption is he ran your weapon serial number through NCIC. While I believe you did right, it just grates my back side that your fourth Amendment Rights were violated. What PC did he have to run your weapon?

 

[ZIG1911]

I honestly didn't think he could run registry check for my pistol... but, it doesn't matter since it is registered under my name. Since I had nothing to hide, it probably is very easy to keep it cool, and follow the rules. and I think that's why everyone should follow the rules as much as they can(!) to avoid unfortunate situation such as getting arrested.

 

[mappow]

Which rules?????? The Constitution? What State do you reside in?

 

[kelcarry]

And that is the way it should go every time.....

Agree. Methinks Zig1911 has read a little too much into many comments where it appears that the LEOs out there are gestapo just waiting to shoot you on the spot. I'm exaggerating with my last statement but I can just "feel" the anxiety in Zig's thread. Glad it went well and as rayporsche says--"that is the way it should go every time".

 

[Peggy Reist]

In Kansas, it's not required to disclose your CC permit, but it's strongly recommended. So if I'm ever stopped when I'm driving I'll do so. But what if you're the passenger? If the driver also has a CC permit, but isn't carrying, does he show his? What if he isn't, but you as the passenger are carrying? Since it's not required, I understand you can only give me an example of what YOU'D do.

 

[Nightmare45]

Have never had an officer relieve me of my weapon, Texas is disclose if you are carrying, was ask once by border patrol to carry my weapon into the office to "clear" it I said it is fine, no problem.

 

[apvbguy]

And that is the way it should go every time.....

are you kidding? that is a classic example of an illegal seizure.

 

[apvbguy]

Have never had an officer relieve me of my weapon, Texas is disclose if you are carrying, was ask once by border patrol to carry my weapon into the office to "clear" it I said it is fine, no problem.

were you crossing the border? if not why are you interacting with the border patrol? if yes, isn't it illegal to bring a firearm across the border to of from mexico?

 

[MasterGadgets]

are you kidding? that is a classic example of an illegal seizure.

The reason for the stop was a traffic violation. Now he has illegally seized your weapon and running the serial number for a stolen weapon. Now he is "fishing" for something else. He had no probable cause to seize your weapon because of a traffic stop.

 

[XD40scinNC]

You handed him your CC permit, yet said the cop removed it. Were you open carrying, or did he remove a concealed weapon from you?

 

[Treo]

Do I need to inform Law Enforcement that I am carrying a concealed weapon in Arizona?A qualified person must have the permit in possession when carrying a concealed weapon and is required by any other law to carry the permit. The permit must be presented to any law enforcement officer, upon request, along with a driver’s license, military ID, state ID card or passport. A law enforcement officer may temporarily take possession of a firearm during traffic stops or other official contacts with the public.

Arizona Concealed Carry Permit Information, Concealed Weapon

Since no one else wants to start the pissing contest, I will.

The above is from the concealed carry permit information link at the top of the page. Arizona does not require you to inform the officer that you are carrying a weapon unless he/ she asks. So, the entire “illegal seizure” issue would have been moot had the OP simply kept his mouth shut.

Unless you are legally required to do so I see no advantage in voluntarily disclosing the fact that you are armed to the police. All it does is extends the length of time you’re sitting on the side of the road.
This debate has raged on the internet forever and, with one exception, I have yet to see anyone change their mind. The exception decided not to inform.

I truly believe that at least some of the “Always inform” crowd do so because they think it’s a way of letting the cop know that they’re part of the “in” crowd. IME to a cop unless you are another cop you are not part of the ‘in” crowd no matter what you do.

Bearing all that in mind this is how I handle a traffic stop.

As soon as the lights go on I take my wallet out of my pocket and have it in my hand I keep it in my hand until the stop is over.Then I pull as far off the road as I can.

When that cop comes up to the car I have my hands in plain sight on the wheel w/ my wallet in my hand (no reaching for anything and giving the cop a chance to see my gun) I keep my wallet in my hand until the stop is over. I also turn the dome light on at night. IMO this negates the main rationale people give for informing, the cop isn’t going to notice my gun.

So, the cop asks for my papers I open the wallet, he can see everything I’m doing, and I hand him the documents and he does his thing and I’m on my way. No opportunity for him to notice any “suspicious bulges”. No reason for the cop to get nervous. No reason to prolong the stop.

If the cop asks me if I have any weapons in the car I say nothing and hand him my permit and go from there.
The only reason I would inform the cop w/out being asked is if he asked me to step out of the car. In Colorado Springs that means I am almost certain to be patted down, so I hand him my permit before I get out of the car.

 

[AndeyHall]

I found a few problems with the story. The first is on the OPs part. Never guess what you did wrong. Cop: "You know why I'm pulling you over?"
Driver: "Because I'm wanted for murder?"
Cop: "No, taillight is out. But now that you mention it, stay right here will I check up on that other crime also."
Moral of the story, never guess because you could be admitting go something he may not have seen.
2nd is that he made you get out of the vehicle and took your gun. While perfectly legal, it gets on my nerves when cops do that. Also, if you don't live in a "must notify" state, I would never answer that question.
3rd is that he opened the passenger door and searched that area. Without your consent they can only look in the drivers area, and that must be done from the drivers side.

As for running the serial number of the gun, it is my understanding that on the road, you have no "expectation of privacy" and therefore they can run the serial number legally. If they come into your home and spot a gun, however, that cannot run that serial number unless they have sufficient reason to believe it was used in a crime.

 

[BC1]

I was stopped, the cop came over and asked the question "do you know why I stopped you"

Depends on how long you were following me.

 

[Treo]

I found a few problems with the story. The first is on the OPs part. Never guess what you did wrong. Cop: "You know why I'm pulling you over?"
Driver: "Because I'm wanted for murder?"
Cop: "No, taillight is out. But now that you mention it, stay right here will I check up on that other crime also."
Moral of the story, never guess because you could be admitting go something he may not have seen.

True.

if you don't live in a "must notify" state, I would never answer that question.

Most states that aren't must notify states do require you to present your permit on demand, refusing to answer will cause far more problems that it solves.

3rd is that he opened the passenger door and searched that area. Without your consent they can only look in the drivers area, and that must be done from the drivers side.

Can you quote a specific Arizona statute that says that?

As for running the serial number of the gun, it is my understanding that on the road, you have no "expectation of privacy" and therefore they can run the serial number legally. If they come into your home and spot a gun, however, that cannot run that serial number unless they have sufficient reason to believe it was used in a crime.

Again, can you quote a specific statute?

You can't have it both ways either the cops are limited in where they can search your car or you have no reasonable expectation of privacy on the road.