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Pulled over by PCSO.

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
I would argue that running the serial number of a firearm seized "for officer safety" during a traffic stop violates the 4th Amendment and the Washington State Constitution.

1. The serial number of the gun was not in plain sight in it's original condition inside a holster being worn by the subject.
2. The serial number only came into plain sight due to the manipulation of the object by the police officer.

The reason I have now placed a piece of black tape over the serial number of my 1911 style pistol. Will it stop a cop from running the SN? NO. Will it potentially provide one more nail in his coffin in the lawsuit? Hopefully.
 

twoskinsonemanns

Regular Member
Joined
Apr 12, 2012
Messages
2,326
Location
WV
Oh, good. Lets practice!


Cop: "If you have nothing to hide, why do you mind answering my question?"

Your premise that innocent people should need to have a reason not to share personal info with others is faulty.
I have plenty to hide. My personal data. It belongs to me. I'll not give it away, that would be stupid.
 

thunderbolt

Regular Member
Joined
Jul 5, 2012
Messages
31
Location
Yakima, wa
I don't typically push the issues or willfully put myself into tenuous circumstances, nor do I "bait" cops.

However, If I knew that it was M.O. for cops in my area to typically disarm lawful OC'ers or CC'ers during traffic or other minor interactions, I think I would be inclined to carry the (unloaded!) gun in an unusual/unfamiliar level 3 holster, with all the retention devises engaged, with a lanyard strapping the gun to my body and fully duct-taped into the holster.

Cop: "Sir, where is your firearm?"
Me: "Left hip, 3:30." (I'm a lefty)
Cop: "I'm going to remove your weapon for officer safety."
Me: "Knock yourself out....."

Cop: "What the.....?" :cuss:

I'm sure the ensuing circus there on the side of the road would look like a full-on rape from those passing by...lol. :banana:

One would hope that the cop would look at it, snicker and say "Have a good day, Sir". But the 'officer safety' Nazi's would probably actually try and extract said gun.

Hopefully, the entire process would be video recorded for future reference and comedic illustration when shown to the judge at the lawsuit hearing.

T.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Your premise that innocent people should need to have a reason not to share personal info with others is faulty.
I have plenty to hide. My personal data. It belongs to me. I'll not give it away, that would be stupid.

No, no, no, no. :) You walked into my trap. Now, you're talking to me. Plus, you've given me an angle to twist.

"Are you calling me stupid!?! Gimme your license and registration! NOW!!!!"

"Note to self: Said he has plenty to hide."

Back at police car: "Dispatch, this is Unit 681. Need a K9 for a walk-around. Driver says he has plenty to hide. Is argumentative, uncooperative. Advise on ETA of K9 unit."


We'll do it again.

"If you have nothing to hide, why don't you want to answer my questions."
 
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twoskinsonemanns

Regular Member
Joined
Apr 12, 2012
Messages
2,326
Location
WV
Great answer. Please take over drilling TwoSkins. He needs some more practice. :)

Hahaha. Touche.
Although in all honesty I would not have said that to a cop. It was more of a rhetorical answer to the subject of "nothing to hide". Anyone who implies I would freely give away any personal data if I weren't a criminal is not someone to try and have a intelligent conversation with.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Carry and use a recording device.

Every interaction with any LEO must be recorded, even if you initiate the contact (one person consent states only).

Never ever volunteer any information that is not directly related to the specifics of the LEO contact and then only as absolutely required under the law.

Seemingly "nice cops" are not your friend. They are not necessarily your "enemy" either. Remember what their primary purpose is, and it is not to protect you or protect your rights. Yes, the overwhelming majority of cops will do their level best to protect you and respect your rights if they can, but that is a personal choice and not a legal mandate.

The measure of a "good" outcome when contacted by a LEO is that the LEO only interacts with a citizen when required under the law and makes that interaction as short in duration as possible.

Good luck and don't provide LE any opportunities for you to have to use the information you obtain here.
 

rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
I would like a cite for the WA legal definition of "concealed."

This question has been beaten to death in several recent threads. So, to answer the question, as of today the state-of-the-law in Washington is:

In addition to gogodawgs reference to Black's Law Dictionary definition of "concealed," the term "conceal" (and by extension, "concealed") is not defined in RCW 9.41.xxx. In the absence of a statutory definition, the words used are given their ordinary and usual meaning. State v. Forrester, 21 Wn. App. 855, 861, 587 P.2d 179 (1978).

If a statute is plain and unambiguous, the court must derive its meaning from the wording of the statute itself. State v. Keller, 143 Wash.2d 267, 276, 19 P.3d 1030 (2001). Where statutory language is plain and unambiguous, a court will glean the legislative intent from the words of the statute itself. See Bravo v. Dolsen Cos., 125 Wn.2d 745, 752, 888 P.2d 147 (1995); Smith v. N. Pac. Ry., 7 Wn.2d 652, 664, 110 P.2d 851 (1941).

A statutory term that is left undefined should be given its “usual and ordinary meaning and courts may not read into a statute a meaning that is not there.” State v. Hahn, 83 Wn. App. 825, 832, 924 P.2d 392 (1996). If the undefined statutory term is not technical, the court may refer to the dictionary to establish the meaning of the word. Heinsma v. City of Vancouver, 144 Wn.2d 556, 564, 29 P.3d 709 (2001).
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Carry and use a recording device.

Every interaction with any LEO must be recorded, even if you initiate the contact (one person consent states only).

Never ever volunteer any information that is not directly related to the specifics of the LEO contact and then only as absolutely required under the law.

Seemingly "nice cops" are not your friend. They are not necessarily your "enemy" either. Remember what their primary purpose is, and it is not to protect you or protect your rights. Yes, the overwhelming majority of cops will do their level best to protect you and respect your rights if they can, but that is a personal choice and not a legal mandate.

The measure of a "good" outcome when contacted by a LEO is that the LEO only interacts with a citizen when required under the law and makes that interaction as short in duration as possible.

Good luck and don't provide LE any opportunities for you to have to use the information you obtain here.


We are not a one consent state and we don't need to inform public employees acting in their duties they are being recorded. We don't need to inform others also if there is no expectation of privacy.

Johnson vs. Sequim

State vs. Flora
 

amzbrady

Regular Member
Joined
Mar 1, 2009
Messages
3,521
Location
Marysville, Washington, USA
this thread is going all kinds of ways

my pat answer to the question "do you know why i pulled you over" is

1. because you are a busy body with nothing else to do

2 . because your mommy didn't breast feed you

3. because your mommy breast fed you

dumb questions get dumb answers

4. Because you got Fs in school

5. Because you were bullied in school want to take it out on everyone else

6. Because McDonalds would not hire you

7. Because you wanted to be the next cop for the Villiage People and need directions to San Fransisco.

8. Because you knew women liked a man in uniform and figured that was the only way you could get one without having to do the work the military requires...and now that it didnt work.... well I'm not interested either.

9. Because Reno 911 looked like so much fun you thought you would try too.
 
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EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
7. Because you wanted to be the next cop for the Villiage People and need directions to [STRIKE]San Fransisco.[/STRIKE] Greenwich Village

8. Because you knew women liked a man in uniform and figured that was the only way you could get one without having to do the work the military requires...and now that it didnt work.... well I'm not interested either.

9. Because Reno 911 looked like so much fun you thought you would try too.

The village people are from NYC, greenwich village, not San Fran
 

Metalhead47

Regular Member
Joined
Apr 20, 2009
Messages
2,800
Location
South Whidbey, Washington, USA
K, sorry didnt mean to offend you.

He must REALLY like his village people ;):p:eek:

7. Because you wanted to be the next cop for the Villiage People and need directions to San Fransisco.

8. Because you knew women liked a man in uniform and figured that was the only way you could get one without having to do the work the military requires...and now that it didnt work.... well I'm not interested either.

9. Because Reno 911 looked like so much fun you thought you would try too.

I'm surprised no one has hit on the most obvious (and correct) answer here:

"...because I was violating one or more traffic laws and endangering all those around me."

asset.php
asset.php
 

Sharpender

Regular Member
Joined
Sep 27, 2007
Messages
74
Location
University Place, Washington, USA
1. It is my personal belief that it is generally a good idea to inform police of you are carrying. I was OCing and the last thing I wanted was for him to notice my firearm and draw his weapon.

2. I allowed him to disarm because I felt it would make him feel safer. I'm all for that. Sent from my iPhone.

Agreed. I would have done the same.
 
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