I have a situation where I was stopped for a traffic infraction. (class C infraction). When asked if I had any weapons, I told the officer that I had a permit and there were a couple firearms in the car which I was carrying legally. I remained calm and cooperative. My military experience kicked and I just took what the officer had to say as if I were being chewed out by a superior officer. I did not offer any argument or resistance.
I believe the officer was quite upset with me because of my handguns. I had a few beers earlier, and blew .07 which is under the legal limit. I don't think I said or did anything that would make the officer consider me to be impaired, or dangerous. I was not ticked at the time but later received a citation in the mail (30 days after the event).
At the scene, the officer went ahead and searched my vehicle, without my connect. I did not resist. I was put in cuffs. No Miranda reading. He wanted to tow my vehicle, but ultimately, I talked him into letting other members of my nearby household come and drive me home.
My guns were confiscated. I was told that I would have to go to the local town chief of police to see if I could get them back. I think that was supposed to intimidate me. This was a Saturday night. The chief was on vacation the next week. On Wednesday, the following week, I finally got my guns back after it was verified that I was not cited and there were no pending charges (at that time). I did not get my ammo back. I went to the police station and picked up my guns at the front window in a shoe box, all zip tied, and no ammo. I was glad to get my guns back and did not make a fuss about the ammo.
There are a lot of details I am leaving out here because the traffic offence is an active case and I do not want to incriminate myself. I will eventually share the complete story. The infraction has nothing to do with alcohol.
I believe I may have grounds for a civil case, or at least a complaint against the officer and the PD. I don't think there was a just reason to take my firearms.
I would appreciate if anyone would have comments, good or bad that may help me to understand how my rights may be violated.
I just read a story about Bill H, and would like to know of any stories like mine where LE actually confiscated firearms in a traffic stop or in public.
I did talk to Guy. He understandably does not work for free. I do not have and cannot afford to hire a lawyer.
Thanks in advance.
I believe the officer was quite upset with me because of my handguns. I had a few beers earlier, and blew .07 which is under the legal limit. I don't think I said or did anything that would make the officer consider me to be impaired, or dangerous. I was not ticked at the time but later received a citation in the mail (30 days after the event).
At the scene, the officer went ahead and searched my vehicle, without my connect. I did not resist. I was put in cuffs. No Miranda reading. He wanted to tow my vehicle, but ultimately, I talked him into letting other members of my nearby household come and drive me home.
My guns were confiscated. I was told that I would have to go to the local town chief of police to see if I could get them back. I think that was supposed to intimidate me. This was a Saturday night. The chief was on vacation the next week. On Wednesday, the following week, I finally got my guns back after it was verified that I was not cited and there were no pending charges (at that time). I did not get my ammo back. I went to the police station and picked up my guns at the front window in a shoe box, all zip tied, and no ammo. I was glad to get my guns back and did not make a fuss about the ammo.
There are a lot of details I am leaving out here because the traffic offence is an active case and I do not want to incriminate myself. I will eventually share the complete story. The infraction has nothing to do with alcohol.
I believe I may have grounds for a civil case, or at least a complaint against the officer and the PD. I don't think there was a just reason to take my firearms.
I would appreciate if anyone would have comments, good or bad that may help me to understand how my rights may be violated.
I just read a story about Bill H, and would like to know of any stories like mine where LE actually confiscated firearms in a traffic stop or in public.
I did talk to Guy. He understandably does not work for free. I do not have and cannot afford to hire a lawyer.
Thanks in advance.