Posted on 08/24/2013 6:54:53 PM PDT by onceone
I have not actually posted in some time, other then the occasional reply to a post, and now I post a vanity. I encountered the California Highway Patrol while carrying concealed and wanted to share the experience.
I was returning from Sacramento to my home near Angels Camp, in the Motherlode region of the state, when I crested a rise in the road . My radar detector, I have one for entertainment not circumvention of the law, went off and I saw a CHP on the shoulder to my right, a CHP approaching in the opposite lane, and behind the approaching CHP a CAL Fire truck with emergency lights flashing. I braked and moved to the shoulder and the CHP on the shoulder turned on their lights and moved in behind me. Crap.
Now I have been concealed carrying in CA for at least 17 years, and this is the first time I have encountered any LEO in their official capacity while I was armed and away from my house and property. At home I open carry so there is never a surprise. For the last few weeks, for what ever reason, I have been thinking about what I would do if just this situation arose. Here is what happened. This young, thin framed, female officer got out of her vehicle and approached the passenger side of the car and after we exchanged greetings asked me if I knew how fast I was going. I gave her a number I believed to be accurate, she responded with a number 6 mph faster. Her number made for a much more significant citation, but I just told her I did not agree with her but was not going to argue with her. She asked to see my license. This is what I did.
I told her my license was in my right rear pocket, my permit to carry a concealed weapon was in my left rear pocket and the handgun was in my right front pocket. I asked her how she wanted to proceed. She asked me to exit the vehicle and meet her at the back of the truck. She had me turn-away from her, place my hands on the back of my head, and she started to remove the gun from my right pocket. She started to remove the gun and I asked her to stop and slide the gun back into the holster and take the gun and the holster out in one motion as the gun was a Glock and I wanted to keep the trigger covered. She did, and then placed the gun on the front seat of her vehicle. She came back and I repeated the hands on the head while she searched me for any other weapons. I told her I had a knife in another pocket, which she removed, and then asked me for my driver license, and my ccw permit. She looked at my license and my permit and requested that I slow down while driving, returned my knife and my gun. We exchanged pleasantries and I went on my way. I fully expected to receive a citation. I deserved a citation. I do not know why she decided not to cite me.
Often times we have articles condemning the actions of LEOs, and rightly so. I just wanted to share, what I consider to be a good experience.
You were lucky you got the gun back.
You do not have to get out of the car. You can request a lawyer because she does not have the right of search under the 4 Amendment. She might have broken your window but you at that point have a case in court. She did not have reasonable suspicion since you did tell her you had a gun. She did not have the right to search you.
Great post about a good encounter with a LEO. Thanks for sharing. There are still plenty of good ones still out there.
Don’t know what you mean. I was doing nothing wrong, legally carrying, and concerned for both of our safety. Why would you think I would not get my gun back?
If onceone had followed your advice, he would not only have received a citation, but would likely have spent the night in jail and had to pay an impound fee on his car after he was released.
Discretion is the better part of valor.
???
I don’t think I understand. Why wouldn’t you just hand over your license and registration and shut up about everything else? I always have a gun in my car or in my pocket and it would never occur to me to announce it to a cop. I get pulled over from time to time and just take my medicine (or my warning) and go on my way.
The most remarkable part of the whole thing is that you have a CCW permit in Kahlifohnia.
He’s lucky he left his dog at home.
I agree. Never tell anyone you have a weapon.
Your right, but that is not the path I chose. I decided to not be confrontational.
I am glad it turned out alright for the op, but I don’t see where the officer had a right to order him out of the car or search him.
I got pulled over here in Texas and politely told the state trooper that I had a concealed handgun license (CHL) and was currently carrying. After asking for and reviewing my license and chl, he finished his ticket, gave me my ticket, and thanked me for my cooperation. The operative thing was that I told him I had a chl before mentioning that I had a gun on me. I volunteered this info because you are told to do so when ever getting stopped.
It must suck to live in a state where you need to have a permit in order to use your constitutional rights.
In early 2011 after I just bought my 2010 Tundra, I ran a stop sign. I don’t know if the cop saw my CCW card as I was looking for my license or knew it from the radio. He asked me if I was carrying and where it was. I told him “yes” and patted my crotch area(there is a bulge there anyway). He said don’t pull it out(either one) and gave me a $120 ticket. End of it.
Good report. Thanks!
I think officers generally respect a bit of courtesy when they get it. It’s been my experience anyway.
CA is a big place. In my county there are approx. 800 ccw holders.
In some jurisdictions the CCW info will show up on the DL check... And in some you are also required to advise you carry.
You were in California with a concealed carry permit, pretty obvious to me
...she thought you were someone famous
bttt
It sounds like it went very well. You overtly tried to present yourself as not a threat and allowed the officer to control the situation for their safety.
That’s probably how it should be done.
It would take a real hard-nose not to appreciate being treated with decency like that.
~~~~~~~~~~
I have legally carried (licensed in two States) for over 20 years. IIRC, in that time, I have experienced three traffic stops. I keep my LTC/CHL in the same wallet slot as my driver's license and, keeping both hands visible at all times, present both to the officer -- with the LTC/CHL on top.
In all cases, the officer's response to my concealed carry was positive and cordial. When they asked if I was armed, and I replied in the affirmative, none of them even asked where my weapon was...
That's the way I'd want to be treated if I were a LEO -- and those three LEOs -- and others I've talked with -- tell me that's how they like to be treated, too...
YMMV...
Yeah I know.
I always lived in Counties where you were looked at as a thug if you applied for a permit... While the real thugs just carried.
This thread is useless without pics (of the officer).
I just renewed my Sacramento County CCW and its stamped with the restriction that I must disclosed that I’m licensed to carry and if I’m carrying upon any interaction with law enforcement.
Demanding a lawyer just escalates the situation. I’d much rather deal with one young female officer than to draw in all her coworkers who might just want to impress her with just how Alpha they can be.
It does, but you do what you have to do.
They call you pea shooter don’t they!?
Because that is a common occurrence. For many officers and in many jurisdictions once a legally carried gun is in an officer’s hand the owner will have to go to court at his own expense and has a chance of getting the gun back after a long time.
Hey! Are you the cop?
I believe that the law involved is that the LEO is guaranteed a safe work environment. He told her he was carrying. It is reasonable, based on the number of idiots that have shot cops during these kinds of encounters, that the LEO secure the weapon until the proper documentation has been verified.
I wonder was the SOP would have been if he had not mentioned it, and the LEO saw it.
In our training class we were told that we should not volunteer the information during a stop, as in most cases it would raise the tension unnecessarily. If they see the weapon, follow their instructions in a calm and immediate manner.
Sounds fair to me. I am not a big fan of LEOs in general, but I certainly appreciate their apprehension. Sometimes common sense communication makes life easier.
HEY!!! No need to get derogatory. I was just having a "little" fun :)
I was stopped for a DUI one time. Knowing my blood alcohol was probably twice the limit, I pulled my gun and shot the cop. Since he had mucho drugs in his system there was no further investigation. This is my story and I’m sticking to it.
We think the situation with guns is so much better now that states have passed CCW and such but 40 years ago, at least in much of the south, people did not worry about other people who were carrying guns. Now we have all these official "rights" but our freedom is more restricted.
In Montana as in many other states your CCP is flagged to your vehicle tags and your driver’s license, so the cop will see you have the permit when he runs the numbers.
That doesn’t mean you have to announce that you are carrying but, believe it or not, in Montana and Idaho the cops (IME) are local enough and still decent enough to be trusted with the information and even to thank you for it.
I cover a lot of ground and try to stay just over the speed limit but you know how it goes. I think I’ve been stopped 8 times over the last three years, handed over my license and permit each time and/or answered ‘yes’ when the first question was, Do you have any firearms in the vehicle?
Out of those 8 stops I got one ticket and had one prick of a HP cop (Idaho, and he gave me grief but not a ticket) and from all of them I received thanks for making their job easier. Never once have I been relieved of a weapon—a couple cops (one in Spokane) told me to keep my hands on top of the wheel, where I had them anyway, and everything would be good.
Not saying it’s for everybody or every place but it works for me up here.
;^)
Living in CA where some frown upon the RKBA I wanted to make the CHP comfortable. Most of her encounters are not positive events. Very dangerous job.
“I always have a gun in my car or in my pocket and it would never occur to me to announce it to a cop.”
I don’t know where you live, but here in Idaho and I would assume it’s the same everywhere, they know when they run your plate that you have a carry permit. The few times I’ve been stopped they ask if I was carrying.
It is legal to open carry a long arm in Texas, but don’t try that in Bexar County. They will arrest you for disturbing the peace. It’s a crock. So, I make sure that when I am traveling my firearm is hidden even inside my car. Just avoids trouble for me.
We do have it better in Texas than in most states as far a firearms rights go. There are sever states, like Arizona, who have it better. We don’t have open carry yet for pistols like these states do. Personally, I don’t want to open carry, but we should have the right to do so if we choose.
In my experience, it’s a bad idea to ask a female officer who is frisking you if they charge extra for that.
Been there. Done that.
I have a Colorado CCW, and carry always and everywhere it is legal to do so...I’ve been stopped once since getting the permit, by a CO State Patrol Officer...
I kept my hands in plain sight, and handed him my CCW Permit with my CO Driver’s License and POI card...
He looked at the CCW (he’d see I had the permit anyway when he ran my license for wants/warrants), and said thanks, and handed it back...
After a few minutes of waiting while he checked me out, he returned my documents to me, asked me to slow down, and said “Have a good day, Sir!”...
I was not cited...
When I got my CCW, I decided I’d be polite, courteous, non-confrontational and above all respectful if/when this kind of situation arose...
I can’t believe there is ever only one right way to do anything...In my one case, the approach I used worked out...
“To get respect, you gotta give respect”...Tony Soprano
Everyone needs to understand their states law. Some states you are required to disclose if you are carrying. Some not. Also good to be aware that in most cases, the LEO will know you have a permit when they run your plate.
This is not a “good” encounter. He was searched, disarmed without probable cause.
Officer friendly violated the 4th Amendment, as well as the 2nd. Please explain how this was a “good” encounter?
Was it because he was not tasered?
Perhaps because he was not shot?
Perhaps it was a good stop because a SWAT team was not immediately sent to his home and his dog shot?
Just because the Officer was polite, and did not cite him for speeding does NOT make this a “good” stop. The officer was hoping the perp would not complain about how she handled the stop in exchange for no ticket.
So our writer was paid for silence and went away happy.
Is that really a “good” stop for the rest of us?
Rural California counties are nothing like the Marxist tyranny urban and suburban counties. In counties like Calaveras, Amador and others, the Sheriff is objective and reasonable in the issuance of CCW to law abiding citizens.
The State doesn't like it, but the Sheriff and deputies are fine with it.
Good post. You did it right.
Yeah Patriot, I hear that.
I was always in the middle of KommieFohnia though.
Hope them folks stay away from all the good left in Colorado, but they are sure creeping in (Denver and such).
I’m in Pennsylvania (see FR homepage). I’ve had my carry permit for over 20 years and I’ve been pulled over several times in that period, though not since last year. I have never been asked about anything except, “license and registration, please”.
Imagine that. -Schneeks..
Please see post #45.
The good news is that police are on an upward learning curve about gun liberty, and the more they know, the more relaxed they can become. But as you might expect, rural small town police will be somewhat behind the curve.
The end result of this is important to know, however. If police are relaxed about your having a gun, they are still intensely aware of it. So you need to have an unthreatening body language, with no jerky, fast movements. Because if you look like you may be “going for it”, they likely *will* quick draw you.
So the best bet is to relax, conform to your judgment with “the process”, and things will likely have a good outcome.
In Washington state, the vehicle registration is flagged so when an officer runs your plate before the stop, he knows you’re licensed to carry. It’s advisable to keep your hands in sight and ask permission to get in the console, etc. They usually ask if there’s a firearm in the car and where it is. They’re more attentive, but I’ve never been patted down or taken out of the car, but in my state, CCW’s are almost as common as drivers’ licenses.
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