The State is not suggesting that anyone's life or safety is more important than anyone else. This a tool given to LE due there interactions with some people that are not upstanding citizens. You must understand that a majority of people that are stopped or interact with officers are strangers. The officer has no idea what your mental state is, if you just robbed the local 7.11 or you are a member of the church choir on your way to church after saving a bus load of orphans from drowning.
In other words, you can be a great guy but the officer has no way of knowing that. It is a fact of the job that you must threat everyone as they may harm you.
If you are only being searched, even if handcuffs, you are not under arrest. You are being detained. Once handcuffed you are not free to go, but not under arrest. If you have committed a crime, say DUI, and are in possession of a handgun with a LTCH you have not committed an additional crime. In the above case the subject was in possession of narcotics, which being in possession of a handgun increases the level of the crime.
Everyone is law enforcement pays taxes, the same taxes as everyone else. Are they not granted the right to safety also?
Yes you have overrode the 4th amendment. However, if you consent to a search, you may remove the consent at anytime.
If no probable cause or reasonable suspicion exist for the search, then yes if would be a violation of the 4th and 5th amendment.
Sorry if I missed anything.
Talk about timing; Sunday morning I was on my way up 31 to So Bend and got pulled over below Kokomo by an Indiana State Trooper for a traffic stop.
What were you doing that caused him to pull you over?
I was at the back end of a stream of seven or eight cars at 9:30 Sunday morning headed north on 31 and the trooper flagged the last three of us over which sort of pissed me off. When he came to my car he asked how fast I was driving and I guessed around 62-64; it was a 60mph zone. I had not passed a car in the previous fifteen miles since getting on 31 but was passed by quite a few so I know I was not speeding.
Really?? Are you serious?? You've just admitted that you were in violation of the posted speed limit. Regardless of if was "just a guess" or not; if that's what you told the officer, then you just admitted you were speeding.
That is odd that he would do that. Did you ask what you were stopped for? Did he offer? Did you get his name? (I always look for the name or askT
As for the gun, I agree with your actions.
Really?? Are you serious?? You've just admitted that you were in violation of the posted speed limit. Regardless of if was "just a guess" or not; if that's what you told the officer, then you just admitted you were speeding.
I think he meant realistically, not literally. People rarely get pulled over for even 4 over in a 60mph zone. When *I* say speeding, I mean 10 or more over... 62-64 in a 60 is almost comical that you would even GET pulled over.
I'd be willing to bet that nearly, if not all, traffic officers on this site would say that they wouldn't even think about pulling someone over for 4 over if there wasn't something more to it.
If you go sixty on 31 between Carmel and Kokomo and north of Kokomo up toward So Bend you will get back ended. Nobody gets stopped for going a few miles over the speed limit. Usually five over is nothing. . When you are traveling with a stream of cars you do not look at your speed every second; if you are out on your own with no car within a half mile either front or back you need to watch your speed more carefully. To me staying less than five over is normal for most drivers and you are not bothered.
Do you roll through stop signs all the time which I never do? Do you use directional signals at all times which I always do? We are talking about if you disclose you are carrying if you get stopped, not driving habits.
If you go sixty on 31 between Carmel and Kokomo and north of Kokomo up toward So Bend you will get back ended. Nobody gets stopped for going a few miles over the speed limit. Usually five over is nothing. . When you are traveling with a stream of cars you do not look at your speed every second; if you are out on your own with no car within a half mile either front or back you need to watch your speed more carefully. To me staying less than five over is normal for most drivers and you are not bothered.
Do you roll through stop signs all the time which I never do? Do you use directional signals at all times which I always do? We are talking about if you disclose you are carrying if you get stopped, not driving habits.
That I can understand...but after hearing the EXACT SAME thing from peopple who are in court to fight speeding tickets, and then hearing the judge tell them: "So what you're saying is that you WERE speeding, so the SPEEDING ticket is VALID, but just not going as fast as what you got ticketed for?", I guess it still just bugs me. No worries though...
Correct me if I’m wrong but don’t police officers have to follow the laws just like everyone else? They can go over the speed limit in response to an emergency or to catch up with a car but otherwise shouldn’t they be going the posted speed limit too? If they did that there would be very little speeding as they would act as a blockade and keep drivers within the speed limit as only an idiot would pass them. They don’t do that because everyone knows the drivers in general go a little over the speed limit. It is reckless drivers that cause accidents, not drivers going 64 in a 60mph zone.
Biggdogg; That being said said:ht
I had a car run into at midnight when it was parked next to my building while I was asleep so what are you trying to say? If speed was the only issue most of the Indy 500 drivers would have been killed last weekend; it's how you drive, not that you are five MPH over a posted speed limit. My car was going zero MPH.
ht
I had a car run into at midnight when it was parked next to my building while I was asleep so what are you trying to say? If speed was the only issue most of the Indy 500 drivers would have been killed last weekend; it's how you drive, not that you are five MPH over a posted speed limit. My car was going zero MPH.