Ever been disarmed at a traffic stop?

[Emoore]

Once when I was pulled over for speeding, the police officer took my gun back to his police car with him while he wrote out my warning. No big deal, it was in a belt holster and I didn't have a problem allowing him to remove it. The other times I've been stopped the officer looked at my CCW license, asked where the gun was, and allowed me to keep it.

Since I've started carrying in a belly band, this has been on my mind. I usually carry my gun under my shirt, where the butt of the gun is right underneath my breasts. I can see how an officer might be uncomfortable leaving a person armed during a traffic stop, and I agree in principle he should be able to disarm that person, but in reality I'd have a seriously hard time allowing a male cop to remove a gun from my belly band. You couldn't do it without touching my breasts.

Have any of you ladies ever come up against something like this? Do we have the right to request a female officer? What do you think?

[Agent6-3/8]

Just a thought on requesting a female officer:

Depending on where you are there may not be a female officer to request. I know where I used to work, there wasn't a female officer with any department for 70 miles. If you're in a more urban area, it wouldn't hurt to politely ask.

From an officer's standing point, I can tell you that searching people is an uncomfortable part of our job, especially being near/ toucing people's privates and especially females. Its not unlike nurses, doctors, etc having to deal with folk's privates. My fiance, a surgical tech complains to me about it often. With that said, as uncomfortable as it may be, an officer has the right to secure the weapon if he so chooses. If you continue to carry in such a location it would be wise for you to accept the fact that you may one day find yourself in an uncomfortable situation.

I hope that doesn't sound harsh because that's not my intent. I certainly understand your concern and why it makes you uncomfortable.

[Seraph1926]

It all depends on what type of officer you get. I never disarm anybody, I even let a guy keep a Beretta 92 on the dash right in front of the steering wheel for the duration of the entire traffic stop. It's not the people that tell you they have guns you have to worry about, but it makes some officers jumpy. Perhaps if you are stopped you can explain that you are armed and the weapon is against your breasts and it cannot be removed without touching them. Then let them decide how to proceed. You could offer to remove it for them with two fingers pinching the grip (i.e. not getting a full firing grip), but I can't say for sure how that will go over, like I said, depends on who you get.
I'm not too familiar with the belly bands, is it possible to slide it down from the chest to the abdominal area and then remove the pistol?

[Emoore]

Thanks for the replies, lots of good stuff to think about.


I think this would work:

I'm not too familiar with the belly bands, is it possible to slide it down from the chest to the abdominal area and then remove the pistol?

It's elastic and stretchy so could probably be slid down like that.

[cpelliott]

If you don't want him to touch you start with "I do not consent to any searches or seizures." If you consent, then the removal of the firearm and related touching are consensual.

[Imnotascoolasu]

If you don't want him to touch you start with "I do not consent to any searches or seizures." If you consent, then the removal of the firearm and related touching are consensual.
I hope you're kidding...

[cpelliott]

I hope you're kidding...
Not at all. Which part do you find inaccurate?

[efman]

If you don't want him to touch you start with "I do not consent to any searches or seizures." If you consent, then the removal of the firearm and related touching are consensual.

IF the officer can articulate good reasoning on why he removed the weapon that line will NOT work. I see that you are in atlanta and there is new case law in georgia that says an officer should not remove a firearm during a traffic stop just because, he needs a reson.

[cpelliott]

IF the officer can articulate good reasoning on why he removed the weapon that line will NOT work. I see that you are in atlanta and there is new case law in georgia that says an officer should not remove a firearm during a traffic stop just because, he needs a reson.
AFAIK in all 50 states consent overrides all. If an officer says "I need to secure your firearm NOW! All right?" and you say "OK", it's consent. They are trained to phase questions in an intimidating manner.

So what line are you saying won't work? The line where the officer tells a judge that the seizure was consensual works everyday in court.

[efman]

AFAIK in all 50 states consent overrides all. If an officer says "I need to secure your firearm NOW! All right?" and you say "OK", it's consent. They are trained to phase questions in an intimidating manner.

So what line are you saying won't work? The line where the officer tells a judge that the seizure was consensual works everyday in court.

The line where the first thing you say is "I do not consent to any search and seizures" if he can articulate with sound reasoning why he removed the firearm (terry v. ohio) then the firearm is going to come off one way or another.

Like I said there is new caselaw that says an officer in georgia can not remove a firearm just because, he has to have sound reasoning for it.

[Con43]

Any cop who feels the need to secure a legal carried firearm needs to secure a new job with less perceived danger. JMO

[cpelliott]

Like I said there is new caselaw that says an officer in georgia can not remove a firearm just because, he has to have sound reasoning for it.
Unless you consent. The case you are likely referencing is State v Jones. Jones did not consent.

An officer can search and seize without any cause if he gets your consent. Since officers take most responses as consent (head nod, "uh-huh", "OK", etc.), if you don't want to have your gun seized you will likely need to clearly reject the request for consent.

One trick used is to ask for consent in a negatively phrased question. If you answer "yes" or "no" they will alter the interpretation of the question and always assume that you consented. A response of "I do not consent to any searches or seizures" is always clear.

[SARDG]

I was stopped last month on a Florida secondary highway to discuss my speed. The deputy was extremely professional and polite.

I carry 100% of the time and usually in my pants pocket if there's room, and often Mexican carry if there is not. I rarely use a holster. I DO NOT carry in my purse as I've already had that snatched once. I put up a good fight for it, and I'm a big gal, and I chased him down and caught him briefly, but in the end – my purse got gone!

When I am stopped, I NEVER volunteer information that I am carrying (when not in a must-inform state). I simply never say anything and there has never been a reason for LE to ask before, so I get through traffic stops fine with a 'don't ask, don't tell' routine.

So... when the deputy came up to my door he asked for the usual license, registration, proof of insurance. My D/L was in my purse on the back seat so I asked the deputy if he wanted me reaching for it. He said I could or to roll down the back window and he'd get it for me - so I did that. In the back seat with my purse was a Team Glock visor - all he needed to ask about the presence of firearms. At that point I told him I was armed and asked if he'd like to see my permit - to which he replied "no, this is Florida and you are perfectly within your rights to be armed in your vehicle without a permit". I was shocked – not only because he recognized me as a probable non-threat and chose to take the high road but also because a LEO knew the law perfectly. Certainly, you never know, but every stop I've ever had (well, except 20 years ago in Anaheim, CA) has been a non-event. This deputy's only request - that I not touch the firearm during the stop.

If I had to be disarmed (or if an officer believed I should be disarmed), I would rather like to do it myself because I don't use a holster and know I can remove the firearm without an AD.

[Imnotascoolasu]

Unless you consent. The case you are likely referencing is State v Jones. Jones did not consent.

An officer can search and seize without any cause if he gets your consent. Since officers take most responses as consent (head nod, "uh-huh", "OK", etc.), if you don't want to have your gun seized you will likely need to clearly reject the request for consent.

One trick used is to ask for consent in a negatively phrased question. If you answer "yes" or "no" they will alter the interpretation of the question and always assume that you consented. A response of "I do not consent to any searches or seizures" is always clear.
So if you're asked, "do you have any guns, bombs, knives, or drugs on you I need to know about?" you intend to respond, "I DO NOT CONSENT TO ANY SEARCHES OR SEIZURES!"? :wow: :upeyes:


:faint: good luck with that, I'd love to see the video if it ever happens

[Oso]

So if you're asked, "do you have any guns, bombs, knives, or drugs on you I need to know about?" you intend to respond, "I DO NOT CONSENT TO ANY SEARCHES OR SEIZURES!"? :wow: :upeyes:


:faint: good luck with that, I'd love to see the video if it ever happens

It's even better if you shout it and roll your eyes around crazy-like.


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[ChiefWPD]

I was a police officer for 41 years (+20 NYPD, +20 Wellfleet MA). Never worried about a person lawfully carrying a firearm, NYC or MA. Never took a firearm away from a legit owner.

[steve581581]

I've been asked for my gun one time. The only thing that ticked me off about the whole thing is when it was given back I was handed a gun with an empty magazine in it and a hand full of bullets.

[BuckyP]

I was a police officer for 41 years (+20 NYPD, +20 Wellfleet MA). Never worried about a person lawfully carrying a firearm, NYC or MA. Never took a firearm away from a legit owner.

Given the two areas you work, how common was it to come across a person lawfully carrying a firearm?

Though, I certainly appreciate your attitude towards it. :thumbsup:

[ChiefWPD]

Given the two areas you work, how common was it to come across a person lawfully carrying a firearm?

Though, I certainly appreciate your attitude towards it. :thumbsup:

More common then you might suppose. Happened to me a couple of dozen times while in the NYPD (one of my assignments as a detective was in a couple of different robbery squads, with one of our priorities getting illegal guns off the streets). Although full carry permits are not really hard to get on the Cape (where I served) I ran into fewer armed folks here simply due to the nature of my job requirements.