Why should you be disarmed during a stop? Should you also be disarmed when you go into McDonalds and cops are in there eating? You could also shoot a cop there....give me a break
Yes, it is.
Maybe a watch with a second hand measuring the time to cover a certain distance? When did watches get second-hands?
Okay. Then maybe I am just reading your last post wrong. That isn't the first time that has happened.
See IC 35-42-2-4. As long as you are doing the posted speed limit you can not be cited. The speed limits are set by the State or Local Municipalities therefore, an officer cannot supercede those statutes and ticket you for doing the posted speed. That would be exceeding his authority and if you were ticketed and took it to court it would be thrown out. It is a misdeamor to obstruct traffic which is a greater charge than an infraction. Now, do all cops bother to really know their traffic law? No, but if you have doubts about what they tell you it can be checked out in the Indiana Criminal and Traffic Law Manual. Hope that helps.
I'm a retired officer with over 30 years of work and people experience behind me. That does not make me an expert (or correct) by any means but I will express my opinion on this topic. I could be your very best friend or the biggest dick that you ever wanted to meet. It all depends upon the circumstances and attitude (yours and mine) There are people who should not be police officers but there are also people who shouldn't exist on the planet.
Nothing is normal in police work. Every situation requires a fluid response by the officer because every situation is different. The law is not black and white and has varying shades of gray in the interpretation. Normal police are not robots and usually have both good and bad attitudes. Attitude displayed by the officer and the citizen usually determine the outcome of an officer/citizen encounter.
That said, in a normal traffic stop, speeding, red light, stop sign, etc it is NOT necessary IMO for you to be disarmed. I carry a badge and if seated in my vehicle would never volunteer that I'm carrying a weapon. If I feel that my person or vehicle is to be immediately searched then I would inform the the officer that I am carrying or have a loaded weapon in my vehicle for his information and my safety.
Some traffic stops are merely fishing expeditions. I see you at 3 AM and my spidy senses are tingling then I will find a PC reason for a traffic stop. I may feel that you could be a suspect in a burglary robbery, rape or other violent crime or maybe even a DUI. Then the situation has changed for the both of us. After stopping said vehicle, driver interview, running the plate and checking ID, I'd either be satisfied and you would be on you way with a drive safe, a verbal warning, a hard copy ticket, or possibly incarceration.
Police need to be knowledgeable, understanding, fair and well supervised. That said, sometimes citizens need to give the officer benefit of doubt. There is no excuse for the attitude displayed by DC Cop if indeed he really is a police officer.
I am by no means perfect but try to live by the "Golden Rule". There are so many variables which could or would explain an officer's reaction to a specific incident that it makes typing a response to this question difficult if not impossible :rolleyesedit:
Police need to be knowledgeable, understanding, fair and well supervised. That said, sometimes citizens need to give the officer benefit of doubt. There is no excuse for the attitude displayed by DC Cop if indeed he really is a police officer.
I think this is the first time that I've read all of a thread that was 10 pages long. I have to admit that I stopped after the first page of the tread from officers.com or what ever it was. Very disturbing indeed.
Lots of good replys on here. I have to admit, that as a new member I doubt that I ever take anything from Glocklover seriously. To chime in from a cititizens point of view when infact it's something you'll never have to subject yourself too because of your profession, well that's not even close to right. It's one thing to say that, as a LEO, you don't have a problem with the idea of dissarming someone during a traffic stop. What you've said and done is something different, and honestly it's a bit shamefull.
I have been instructed by several LEOs and attournies to NEVER say or do more than I am asked. If the officer doesn't care either way, then he doens't want to know. If he's looking for a reason to get you out and search the vehicle, then you don't need to help him. Just because you didn't put something into your vehicle doesn't mean that someone else didn't leave something there by mistake.
I'd have to say that if an officer asked for my weapon, my first reply would be "I think it's safer for both of us to leave it right where it's at." If he insisted, then yes I would give it to him, EMPTY. It is my practice to NEVER, under ANY curcumstances hand someone a loaded handgun. IMHO, it can NOT be done safely. You can lay it down, and they can pick it up, but you can NOT hand it to them without the risk of sweeping them or yourself with the muzzle. My practice is to clear the weapon, lock the action back, and hand it to them with the barrel facing me and the ejection port up so that they can see it's condition prior to actually recieving the weapon.
I would make sure to (respectfully) get the officers name and badge number as well as the name and number of his shift supervisor, and I would file a complaint.
Bottom line, we all have the right to make it home safe, but their right to make it home safe doesn't trump any of my rights, and visa versa. If anyone disagrees, how about this. You have the right not to be beaten with a tire iron, but how about you let me infringe on that right for just 10 or 15 minutes? Sound like a good idea? Why not, I mean it's only 10 or 15 minutes, then I'll stop... promise.... It makes about as much sense to me to infringe upon my rights whether I was speeding or not. My rights are my rights until I am CONVICTED in a COURT OF LAW of a FELONY. Then, and only then, does our constitution allow for my rights to be taken away. Heck, these days they just give you a different set of rights then, but that's a whole other topic.
Just my 2 bits,
Mark
.....since I apparently offended everyone.
I'd have to say that if an officer asked for my weapon, my first reply would be "I think it's safer for both of us to leave it right where it's at." If he insisted, then yes I would give it to him, EMPTY. It is my practice to NEVER, under ANY circumstances hand someone a loaded handgun. IMHO, it can NOT be done safely.Mark
Wow a lot of haters! Sorry for stating my opinion guys, since I apparently offended everyone.
Wow a lot of haters! Sorry for stating my opinion guys, since I apparently offended everyone.
Wow a lot of haters! Sorry for stating my opinion guys, since I apparently offended everyone.
I don't hate you for your opinion, don't hate me.
But whatever.