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  • Mark 1911

    Grandmaster
    Site Supporter
    Rating - 100%
    12   0   0
    Jun 6, 2012
    10,941
    83
    Schererville, IN
    So here I am driving down one of the main streets in Hammond "slightly" over the limit. I was driving my 4x4 pickup, and was there was another 4x4 pickup just behind me. I know the driver of the other vehicle as another regular commuter on the train, and we had just left the station. There was some hardpack snow on the surface, but it wasn't snowing. I looked in my mirror, and the other 4x4 wasn't there anymore, I thought maybe he had turned off onto one of the side streets.

    Next time I look in the mirror, I see the red and blues on a Hammond squad, at this point he was at least a quarter mile behind me, so I wasn't sure if he was following me or just on a call until I crossed into Munster and he continued to close on me, so then I knew he was about to stop me. I pulled over and waited for him. My window was frozen shut so when he approached the vehicle I opened the door so we could talk. At the same time, the other 4x4 drove up and pulled up ahead of me. The reason he had disappeared is because he got pulled over first, and the officer told him to follow him so he could catch up to me and pull me over too.

    The first thing he noticed was the empty holster on my kick panel below the steering wheel - I hadn't moved the gun from the zippered case to the holster for my short drive home. He asked if I had a gun in the vehicle. I said yes. He asked where it was. I told him, "behind you in the door pocket" (the pistol was still in its soft zippered case). He asked what kind of gun is it. I told him. "an XDM". He asked if there was a round in the chamber. I smiled and said, "it wouldn't be of much use if there wasn't". I was a little surprised at his reaction, because initially he was slightly agitated, but when I said that he relaxed and got a big smile on his face and said, "yes, sometimes".

    He asked me if I was a police officer. I said no and handed him my LTCH, at the same time handed him my license and registration. At that point, he didn't ask, just took the zippered case from the door pocket and said, "I trust you, but I am going to hold this until we are finished".

    A few minutes later he came back to the passenger side of the vehicle, and asked me to unlock the door. He had unloaded my pistol inside his squad car. He showed be the unloaded pistol inside the case with the magazine removed and slide locked back. He then put the pistol in the case under the seat, opened my glove box, and put the magazine and extracted round in the glove box. Then he said, you can reload after I leave.

    Instead of giving me a "state of Indiana" complaint, he wrote me up for a local ordinance violation and said the city attorney would knock it down to a parking ticket if I showed up for court.

    When I saw the other guy at the train station this morning, he told me that he also carries, and went through the exact same routine with the officer.

    What I will say for the officer is that he wasn't unfriendly, he was actually very pleasant, even laughing and kidding, once he realized I wasn't a threat, but I am not sure about some of the things he did. I understand that he works in a high crime area, a lot of gang bangers live in Hammond and I understand that he doesn't know what he's walking up on. On the other hand, he didn't ask about taking the handgun from my door pocket, he just took it. On the positive side, he didn't handle / unload the gun until he was alone in his squad car, and he did cut me some slack on the ticket (he clocked both of us driving 49 in a 35). I am just trying to educate myself for the next time. So please keep the comments objective and don't turn this into an LEO bashing party.

    Any comments on how the officer handled this stop? Any comments on what I should have done differently?
     
    Last edited:

    Manatee

    Shooter
    Rating - 100%
    6   0   0
    Jul 18, 2011
    2,359
    48
    Indiana
    Stop sounds righteous. Some LEO's won't bother to take possession of firearm once they identify where it is located. But, with 2 'victims' to deal with….sounds reasonable.
     

    GunnerDan

    Shooter
    Rating - 0%
    0   0   0
    Nov 16, 2012
    770
    18
    Clark County Indiana
    Does the speed really matter? What happened, is the officer took the gun for "officer safety" YEA RIGHT, and then returned with a pistol that was NOT in the same condition as it was taken, and then Unconstitutionally opened the glove box and searched without a warrant inside the glove box. What were to have happened if the officer upon unloading the pistol would have shot himself or worse yet the OP? I still for the life of me do not understand why police can be so stupid to coonfinger guns that need not me touched. The gun was safer in the zipper case in the door than the officer handling the thing. So what really happened was an Unconstitutional search, and a officer jacking up a pistol they had no right to jack up.

    Gunner
     

    Wesley929

    Sharpshooter
    Rating - 100%
    2   0   0
    Jan 15, 2009
    305
    18
    NW INDY
    Reasonable I suppose.
    There were 2 of you and I'm sure usually people get mad when they get a ticket. He probably just didn't want to get shot.
    At least he didn't completely disassemble the firearm. Could have been worse. Could have been better had he trusted you to keep it where it was but all the risk is his on that call.
     

    Bunnykid68

    Grandmaster
    Rating - 100%
    22   0   0
    Mar 2, 2010
    23,515
    83
    Cave of Caerbannog
    Does the speed really matter? What happened, is the officer took the gun for "officer safety" YEA RIGHT, and then returned with a pistol that was NOT in the same condition as it was taken, and then Unconstitutionally opened the glove box and searched without a warrant inside the glove box. What were to have happened if the officer upon unloading the pistol would have shot himself or worse yet the OP? I still for the life of me do not understand why police can be so stupid to coonfinger guns that need not me touched. The gun was safer in the zipper case in the door than the officer handling the thing. So what really happened was an Unconstitutional search, and a officer jacking up a pistol they had no right to jack up.

    Gunner

    I didnt even catch the part about the glove box being opened. This damn cops need to have the same mindset that most of the officers here on INGO have.
     

    Bunnykid68

    Grandmaster
    Rating - 100%
    22   0   0
    Mar 2, 2010
    23,515
    83
    Cave of Caerbannog
    Reasonable I suppose.
    There were 2 of you and I'm sure usually people get mad when they get a ticket. He probably just didn't want to get shot.
    At least he didn't completely disassemble the firearm. Could have been worse. Could have been better had he trusted you to keep it where it was but all the risk is his on that call.

    What is his RAS for the seizure of the firearm? Officer safety my ass.
     

    Mark 1911

    Grandmaster
    Site Supporter
    Rating - 100%
    12   0   0
    Jun 6, 2012
    10,941
    83
    Schererville, IN
    Does the speed really matter? What happened, is the officer took the gun for "officer safety" YEA RIGHT, and then returned with a pistol that was NOT in the same condition as it was taken, and then Unconstitutionally opened the glove box and searched without a warrant inside the glove box. What were to have happened if the officer upon unloading the pistol would have shot himself or worse yet the OP? I still for the life of me do not understand why police can be so stupid to coonfinger guns that need not me touched. The gun was safer in the zipper case in the door than the officer handling the thing. So what really happened was an Unconstitutional search, and a officer jacking up a pistol they had no right to jack up.

    Gunner

    I am not disagreeing with you. I will only add the observation that the officer really didn't seem too sure about how to handle a situation with someone actually LEGALLY carrying. He never asked me for my LTCH, he seemed to be thinking about what he was supposed to do. He asked me if I was an LEO or just carrying for personal protection, but he never asked for the LTCH, I just cut to the quick and handed it to him. He also initially said that he was going to call for "another car", but another car never showed up. I sensed that he wasn't sure what to do so he probably got some radio assistance on what steps to follow. Just my intuition, but not sure. It struck me as odd that someone of his rank, a sergeant, would be unsure of himself in that situation. Even when he returned the gun to the car he seemed unsure of what to do. After he put the gun under the seat, he sort of fumbled around. First he layed the magazine and extra round on the seat, then appeared to change his mind and decided to put it in the glove box. I felt uncomfortable with the way he handled it, but also sensed that he did the things he did more out of not really knowing what to do, rather than intending any illegal search.
     

    GunnerDan

    Shooter
    Rating - 0%
    0   0   0
    Nov 16, 2012
    770
    18
    Clark County Indiana
    Good luck on your next stop, Gunner.

    That is why I would NEVER let an officer know that there was a weapon in the car. Remember, there is no law requiring your to notify a officer about the presence of a weapon. So the cop saw a holster, so what, even if the gun were in the door, tell the cop, nope, no gun in the car. All letting an officer know about the presence of a weapon does is to escalate the stop to where it really doesnt need to be. If I were speeding, fine, write me my ticket, and let me on my way.

    Gunner
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
    Rating - 100%
    25   0   1
    Mar 20, 2008
    12,885
    83
    Franklin Township
    This is the type of behavior that needs to be corrected. There is no legal or articulable reason for the officer to have taken your gun. Unless he has a reason that he can articulate as to why he needs to remove the firearm from your area of control, he should leave it be. "Officer safety" doesn't count as an articulable reason. Many officers are doing this kind of thing "just because that's how we have always done it" and that's not acceptable. Departments are getting sued because officers are damaging expensive guns doing this kind of thing. I know that my department has paid-out several settlements for damaged guns, one on an Ed Brown 1911 that was dropped as it was being taken for "officer safety". You need to file a formal, written complaint with the Chief of Police about this incident, that's the only way this kind of behavior will get changed. I don't know how things work in Hammond, but send a copy of your complaint to the Mayor, City Council, or whomever has a seat at the policy table along with the Chief.
     
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