imported post
SaltH2OHokie wrote:
para_org wrote:
SaltH2OHokie wrote:
Citizen wrote:
SaltH2OHokie wrote:
SNIP ...I was unarmed during a traffic stop recently and the cop seemed a bit irritated that I didn't tell him I had my permit right up front in spite of my being unarmed, so I'm curious if just handing over every bit of permitting/licensing I've got would make a cop feel better and/or worry less.
SNIP The cop was out of line..."OK. Just don't reach towards it. May I see your license and registration, please."
SNIP I don't necessarily agree.
SNIP This is NOT a personal rebuke per se.... but I just can never understand why I should so willingly give up rights to make a cop feel better.
SNIP What am I giving up? My right to hold my license and permits in my wallet? I'm not talking about my gun, I'm talking about telling the cop I have a permit to carry one...
As with many things there are elements of truth in what you say, Salt. Literally, you are not giving up muchas far as an express right goes. You are exposing yourself to more right after that, though.
I've already answered your question partially. Permit me to elaborate. You are potentially "giving up" your right to free of unreasonable searches and seizures by giving information to the officer.
We all know there issomewiggle room incase law for cops, meaning how one interpretsand/or "stretches" the case law. Andsome cops will definitely use it. And if they use it, you will have such a hurdle and such an expenseenforcingrecognition of your 4A rights after the fact thatit basically makes no senseto try. Basically, the hurdles, for the complaintant, are so burdensome he is basically barriered from enforcing recognition of his4A rights.
Let me explain how I see this might play out, depending on the cop. You notify you are licensed. You are not actually carrying.You notify also that you are not carrying, or you don't notify. Youjust gave the cop what may easily be stretched to include reason to believe you may be armed. Even if you said you aren't. I've talked tomore than one cop, and we have read here that police claim thathaving a CHP, being backround checked, etc. counts for nothing. "We never know if he is having a bad day" or "wasa crook all along, but without a record" or some such justification for not exercising judgement.
Once thecopdecides there might be a weapon, depending on the cop, you might now be ordered out of your car, Terry-searched, and the reachable areas in your car searched. We've all read about cops who automatically seize gunswithout regard to dangerousness. We've all read about cops who've asked to have the gun so they could run the serial number claiming they,"have to make sure it isn't stolen."
This in no way reduces my earlier statement that it is totally your unrestricted choice to notify or notfor your own tactical reasons.
As to asking this particular cop on this particular thread,I think we prettymuch know what the answer will be. "The cop will appreciate it." (Each cop for his own reasons, especially the cop who is looking to run a serial number or search the car).
I suspect the answer will completely overlook the 4A exposure. And will ignore thatsome cops may take advantage of that exposure. This particular cop and I have gone round and round on this point before. It took something liketwo pages ofthread before I got agrudging, sidewaysacknowledgement fromhim that an undisclosed/un-notified, CHP'd handgunis protected by the 4A. If he was willing to argue over and over that the 4A didn't protect an undisclosed, CHP'd handgun, I already know what his candid answer to your question is gonna be.