Posted on 01/16/2014 10:42:36 AM PST by Rusty0604
According to Filippidis and his wife, Kally, they noticed an unmarked patrol car tailing them while traveling for Christmas and a family wedding in Woodridge, N.J. He claims the police car stayed with them for ten minutes.
“We weren’t speeding. In fact, lots of other cars were whizzing past,” Filippidis told the Tampa Tribune.
Eventually, the car’s emergency lights came on and he pulled the car over. The officer was reportedly with the Transportation Authority Police, “Maryland’s version of the New York-New Jersey Port Authority,” according to the report.
It appears he was pulled over because of either an automated or manual random license-plate look-up by the cops, and when they did so his license was coded, as they all are, to show that he had a CCW permit.
There's nothing unlawful about having a CCW permit nor does it generate probable cause for a traffic stop. That doesn't matter in this case, because it did generate a traffic stop. And then the cop ultimately, when the driver says he doesn't have it with him and his wife (asked separately) doesn't know where it is, turns that stop into a full and complete search of the vehicle and everything in it.
The end result? No arrest or citation, but 90 minutes of being detained and searched.
(Excerpt) Read more at market-ticker.org ...
Police should always ask for consent regardless of probable cause, because if given it removes a huge hurdle to prosecution. Giving consent also gives away a huge tool for your defense attorney of something goes to trial. Challenging searches is one of the first steps in your defense, don't give it away.
I guarantee you this didn’t happen in Texas, or any other red state!
Well in Texas they do the occasional roadside cavity search. Not for guns of course.
Did the author refuse to endorse Christy?
Careful, they can try to say they thought you were evading them and use that as probable cause.
Yes...since when do we need anyone’s permission to defend life from evil! Good God! They can kiss my butt if they think I am going to live a life as a victim.
Make that the subject of the article.
Wouldn't that depend on the feedback?
A clean report would mean the LEO is left only with whatever he observed, which in the event of a random stop is nothing.
Of course, if something improper comes back it is no longer a random search.
You may mean that the "lookup" itself, similar to an ordinary investigation, is conducted without probable cause and you certainly would be correct. Going one very small step forward, it seems possible that in the near future the response to the "automatic" lookup could include all manner of problems such as failure to file state or fed taxes, over due library books, etc.
LOL
The wife was very unhelpful. The best place for people to start is to make sure they have their stories straight at all times. Apparently the driver in this case chose not to carry, but then didn’t tell the Mrs. Poor form.
And not based on the fact that someone has a CCW/CHL.
Because you sadly weren't in what most Americans out here in the large unpopulated vaguely-rectangular Western US states regard as 'America'.
Very sorry for you sir. Consider moving.
“If you are ever asked to step out of the vehicle, ALWAYS roll up your window,...”
Except if you have power windows and you’ve turned off your car per step one, you have a problem doing that. So...Turn off the engine but leave the ignition turned on so you have power for the windows, etc.? Would that work?
Bottom line don't "sign up" to anything that puts your name on an official government list that you own a gun.
I learned that back in the 80s from the movie "Red Dawn"...
CCW isn’t a basis for a Terry stop. I notice these people did receive an apology from the police.
>> You may mean that the “lookup” itself, similar to an ordinary investigation, is conducted without probable cause
Yes exactly.
Some Florida municipalities scan every vehicle entering and leaving. Manalapan comes to mind. They began scanning around 2005 or so.
Just a guess here but even if he cancels his CCW, he now is “KNOWN” to have firearms and it may or may not stay on his “permanent” record. Just guessin’ but there may be folks who obtained a CCW using a borrowed firearm and for some reason or other never actually obtained a firearm of their own. Are they now “tagged” as well? And would the “authorit-is” believe them if they were told that?
I’m not sure if this press accounts mention it, but the wife’s big fat mouth gave them plenty of probably cause to search.
Some questions about this post:
4. An officer has a right to give you a pat-down for safety reasons once out of the vehicle, but you should NEVER CONSENT TO A POLICE SEARCH OF YOUR VEHICLE. Whether you are inside or now standing outside of your vehicle, the first thing you should say once an officer starts asking questions is “AM I BEING DETAINED OR AM I FREE TO GO?“
5. If the officer asks to search your vehicle your only answer should be “I DO NOT CONSENT TO ANY SEARCHES OFFICER.” The officer will do all he can to get you to waive your rights by threatening to call the K9 Unit. Despite the officer’s claims, refusing a search is NOT probable cause for the officer to search your vehicle. Unless an officer sees an illegal item in plain view or has a reasonable suspicion that there is something illegal in the car, he can’t search your vehicle. IF THEY HAVE TO ASK, THEY LIKELY DON’T HAVE PROBABLE CAUSE TO SEARCH. You have NOTHING to gain if you approve to a search.
Questions: Does the officer have the right to detain you while they summon a dog? Is an indication from a dog considered probable cause in which case they can force you to let them see in your car or do they still need to get a warrant?
Thanks.
I've read that you can be resonably detained for up to 30 min. If a dog is involved, and the dog alerts to your car, then this is considered valid probable cause to search your vehicle. So your constitutional rights are decided by a dog! I can easily imagine that the officer performs some unseen trick to cause the dog to alert to you vehicle. This whole system is screwed up.
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