Westfield PD disarms me during traffic stop

[MisterChester]

OP, file a complaint. It is true you have no duty to inform, it doesn't mean you can't inform. It is your choice. If they ask then do not lie to them. IANAL but I feel this officer overstepped his boundaries according to what you said here (gave him no reasonable suspicion that you were a threat).

 

[MisterChester]

OP, You have the officer's name on the ticket. He deserves some internet fame. Post his name. This might be more effective than fileing a complaint. I hope you also file the complaint.

Bad idea. We do not know if he did this on purpose or is just not trained properly.

 

[remauto1187]

File a complaint or quit "whining" about it on the net. Either you have backbone to do something about it or you dont. Everybody and their mother has told you here that the officer was out of line and possibly illegal by seizing your firearm after he saw your pink slip.

 

[nakinate]

in holster=unholster? If so, yes. Leave the silly thing alone.

Yes sir. iPhone typing at it's best.

 

[Bunnykid68]

Bad idea. We do not know if he did this on purpose or is just not trained properly.

Don't work in the public if you are worried about your name being tossed around over a bad experience

 

[nakinate]

Don't work in the public if you are worried about your name being tossed around over a bad experience

You're such a rabble rouser BK.

 

[Bunnykid68]

You're such a rabble rouser BK.

Reported

 

[nakinate]

Reported

I just wanted to say rabble rouser.

 

[Fargo]

You're wrong. You can present a LTCH all you want, but if you've encountered a police officer during a traffic stop, and he wishes to disarm you, don't expect legal recourse to bear any fruit. Unfortunately for you, FEDERAL caselaw makes a difference between being in a motor vehicle. Until Penn v Mimms is struck down, there's nothing illegal about disarming a person during a traffic stop. If you're teaching the opposite, well you're doing it wrong.

Federal 4th amendment case law in no way applies to or trumps Article 1 Section 11 of the Indiana constitution so I wouldn't get too carried away with going on about how others are "doing it wrong" when the authority you cite does not control...

 

[Dirtebiker]

It is not protocol and it is wrong. Check out this thread and message Frank. https://www.indianagunowners.com/fo...ns-between-police-legally-armed-citizens.html

Maybe not "protocol", but deffinitly SOP for many departments! (TOO many!).

 

[Csquared]

With LEO's disarming motorists they've pulled over, it's not a matter of IF, but WHEN, something tragic happens like an accidental shooting. If you think otherwise you're being naive. If the person poses no reasonable threat, the officer SHOULD leave the firearm alone, regardless of the law.

 

[cobber]

Federal 4th amendment case law in no way applies to or trumps Article 1 Section 11 of the Indiana constitution so I wouldn't get too carried away with going on about how others are "doing it wrong" when the authority you cite does not control...

Was waiting for someone to point out that federal 4th amendment law, applied to law of a 'foreign' jurisdiction, does not dictate what Indiana courts must do.

One would hope that Indiana ossifers would realize this, or that the local PA would edumacate them.

 

[actaeon277]

And why is it assumed, that if you're dangerous enough to disarm, that you only have the one gun?

 

[Bunnykid68]

And why is it assumed, that if you're dangerous enough to disarm, that you only have the one gun?

Because every single officer that disarms that person of their side arm is a complete and utter ****ing moron and should not be wearing a badge. Even the damn ladies here carry 2 guns, noooooo officer mcstupid ass only takes the one he can see.

Nothing against the fine officers here that know I dont like cops, but know I make exceptions for them

 

[Dirtebiker]

Yeah, the officer can't do that. File a complaint. The second he sees a LTCH he should write you your speeding ticket and send you on the way.

Yes they CAN! The officer DID! They SHOULD not, but certainly CAN!

 

[Dirtebiker]

I had a very similar experience in Hammond a few weeks ago which I posted about here: https://www.indianagunowners.com/forums/general-firearms-discussion/330485-pulled-over.html . The only difference in my case is that my handgun was in a case in the door pocket as opposed to carried in a holster on my person. I didn't file a complaint, but in your case I might be more inclined to do so. I think the officer was more intrusive in your case than in mine.

I understand the concerns about living there. In my case, I commute through the town where I was stopped every day to and from work.

Mark, the officer in your case was JUST as intrusive as the o.p's! How is his situation any different than yours?

 

[Dirtebiker]

I hate to say this, but I would pass on a complaint. Pretty small world up here.

And..?

 

[Dirtebiker]

This situation is ridiculous. My response to the question of having a firearm present will no doubt be "nothing illegal." Cops do not need to be handling someone's gun if there is not RAS.

Fixed it for you.nothing more needs to be said.

 

[Dirtebiker]

Bad idea. We do not know if he did this on purpose or is just not trained properly.

Yeah, maybe the officer just "accidentally" grabbed the o.p.'s gun. We should give him the benefit of doubt.

 

[Whosyer]

Along the side of the road, an officer can do what he wants. Not much you can do about it at the time. Filing a complaint probably won't do any good either. My son had a similar experience with Purdue Police. Officer saw pink card, ordered son out of car, entered car and retrieved firearm from center console. Shift supervisor was there, and said it was sop. Email to Chief received no reply. Unless you have the disposable income to retain an attorney, complaints fall on deaf ears. Chiefs set sop. If the chief encourages the disarming of all people encountered, not much you can do.