Pulled over for speeding in Louisiana

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mojo84
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Re: Pulled over for speeding in Louisiana

#31

Post by mojo84 »

puma guy wrote:
texanjoker wrote:
mojo84 wrote:If all authorities always had good intentions, we wouldn't need the Constitution. He shouldn't have opened the glove box. Getting a peak inside the car when he was putting the magazine and or gun in the back seat was enough. He used it as an opportunity to see what was inside the glove box. Shouldn't have done it.

In addition to what I posted, IF he was doing this to do a search, which I don't believe, if he found anything it would be inadmissible as it was an illegal search. That is basic search and seizure 101 as he had no business in the glove box. That thing about fruit of the poisonous tree comes into play. There is way too much assuming in here when it comes to leos and how they work. I guess he could have just set the gun and magazine in the dirt and asked the driver to not pick it up until he left.
No reason to be condescending. Others have simply stated their opinions and their feelings related to any LEO entering their vehicle with no PC. There have been very reasonable alternatives offered here that would provide safety for the officer and not require vehicle entry and intrusion into the glove box. I doubt any member would be happy to have their weapon placed in the dirt. As far as way too much assuming your assumption he wasn't searching is no different.
It all comes down to matter of perspective. Some will always give the LEO the benefit of the doubt and others won't.

The condescension has become more of the norm. Especially when someone is defending something that shouldn't have happened in the first place. Just as when is the comment was made about putting the gun on the paint. This is done all the time by cops when they are searching for something. Tossing keys, phones and other items on the car is not uncommon. The gun could easily be laid on the windshield held up with the wipers. It could also be carefully laid on the paint without damaging the paint. These are just excuses on which to base an argument in favor of the leo doing something he shouldn't have. What if he wanted to put the gun or magazine in the trunk and the the other in the glovebox. Would be a fairly effective visual search whether or not it was the intention.

I also would like to point out that it is being assumed the cop was not using the placement of the gun in the car and glove box as an opportunity to search. It would also involve considerable assumptions if one was to surmise how the cop would have reacted if he had seen a bag of pot or meth in the glove box when he opened it.

Condescension is used by those that think they are better or smarter than the one they are addressing when in fact, it usually isn't true. I'm not attacking anyone but pointing out the tone that was used content used.
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Re: Pulled over for speeding in Louisiana

#32

Post by E.Marquez »

Ok for those that oppose the officer gaining access in any way to the car..... opposed to placing the gun on the ground.. opposed to placing the gun on a painted surface.. and state.. "well he took it away, he can figure out how to return it.

What is your suggested method of returning it?

The law is what it is, legal for the officer to disarm you for his perceived need of safety..so please for this discussion, leave out a personal disagreement with what the established is. For this discussion, related to the original post... the weapon is lawfully removed...

So hand back the gun after the officer has completed the reason for the contact? Do that and someone will say.. See... if he is willing to do that he was never really concerned for his safety and never should have disarmed.

Put it on the ground?

Put it on the vehicle?

What would you do? how would you return the deadly weapon to the citizen after writing them a citation for 11 MPH over, or expired reg, or an equipment violation?
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Re: Pulled over for speeding in Louisiana

#33

Post by RogueUSMC »

Personally, I think disarming me on a routine traffic stop is not reasonable if there is no reasonable suspicion of violent behavior. He is carrying for the same reason I am. Disarming me on a traffic stop is simply him asserting authority.

Way back before CHL, I always informed any LEO of a weapon in the vehicle on a traffic stop. Was it necessary? No. Did they appreciate my telling them? The vast majority of the time, they stated that they appreciated it. They never treated me like a criminal. They never even batted an eye...even considering I was only 16 or so at the time. These incidences were all in Texas. (I did it once in California and about lost control of my bodily functions when he drew on me before I even finished the sentence...I just marked it off as 'freakin' California')

Now that I have gone through the whole legal rigamarole in obtaining my license, I would consider it very insulting to be treated in such a way as the OP was.

The OP's narrative just irritates me. The officer not only (1) disarmed him, (when being armed was in full accordance with the law and the OP willfully disclosed, unsolicited, the fact that he was armed) (2) took the gun out of the owners sight, (3) demanded other than ordinary access to the vehicle under the auspices of returning the gun and (4) made it as hard as possible for the gun owner to return the gun to operating condition.

Why have we gotten to a point where a public servant can treat you like a criminal until they are satisfied that you are not? And how is causing irritation by making things as hard as possible considered preserving the peace? The more irritation you cause, the farther you move from 'peace' I would think. We have even gone from calling them 'peace officers' to 'law enforcement officers'...seems like a step down to me.

Don't take me to be 'anti-LEO' because I most definitely am not. All of the LEOs I know are some of the most decent, reasonable and honest men I have ever met. I know there are bad apples out there, but how is justifying them acceptable?
A man will fight harder for his interests than for his rights.
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Re: Pulled over for speeding in Louisiana

#34

Post by Jaguar »

My paint isn't that great anyway - just place it on the trunk and I will stand in front of my car until you leave. If I have to get out of my car it will be locked.
E.Marquez wrote:Ok for those that oppose the officer gaining access in any way to the car..... opposed to placing the gun on the ground.. opposed to placing the gun on a painted surface.. and state.. "well he took it away, he can figure out how to return it.

What is your suggested method of returning it?
Just have them place it on the right rear tire while you stand at the left front of the car, or the windshield as stated previously.

Plenty of options avaliable.
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Re: Pulled over for speeding in Louisiana

#35

Post by E.Marquez »

Jaguar wrote: Just have them place it on the right rear tire while you stand at the left front of the car, or the windshield as stated previously.
:thumbs2:
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Re: Pulled over for speeding in Louisiana

#36

Post by Cedar Park Dad »

E.Marquez wrote:Ok for those that oppose the officer gaining access in any way to the car..... opposed to placing the gun on the ground.. opposed to placing the gun on a painted surface.. and state.. "well he took it away, he can figure out how to return it.

What is your suggested method of returning it?

The law is what it is, legal for the officer to disarm you for his perceived need of safety..so please for this discussion, leave out a personal disagreement with what the established is. For this discussion, related to the original post... the weapon is lawfully removed...

So hand back the gun after the officer has completed the reason for the contact? Do that and someone will say.. See... if he is willing to do that he was never really concerned for his safety and never should have disarmed.

Put it on the ground?

Put it on the vehicle?

What would you do? how would you return the deadly weapon to the citizen after writing them a citation for 11 MPH over, or expired reg, or an equipment violation?
How about just hand it back?
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Re: Pulled over for speeding in Louisiana

#37

Post by anygunanywhere »

Cedar Park Dad wrote:
E.Marquez wrote:Ok for those that oppose the officer gaining access in any way to the car..... opposed to placing the gun on the ground.. opposed to placing the gun on a painted surface.. and state.. "well he took it away, he can figure out how to return it.

What is your suggested method of returning it?

The law is what it is, legal for the officer to disarm you for his perceived need of safety..so please for this discussion, leave out a personal disagreement with what the established is. For this discussion, related to the original post... the weapon is lawfully removed...

So hand back the gun after the officer has completed the reason for the contact? Do that and someone will say.. See... if he is willing to do that he was never really concerned for his safety and never should have disarmed.

Put it on the ground?

Put it on the vehicle?

What would you do? how would you return the deadly weapon to the citizen after writing them a citation for 11 MPH over, or expired reg, or an equipment violation?
How about just hand it back?

Bingo. Winner

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Re: Pulled over for speeding in Louisiana

#38

Post by E.Marquez »

Cedar Park Dad wrote:
E.Marquez wrote:Ok for those that oppose the officer gaining access in any way to the car..... opposed to placing the gun on the ground.. opposed to placing the gun on a painted surface.. and state.. "well he took it away, he can figure out how to return it.

What is your suggested method of returning it?

The law is what it is, legal for the officer to disarm you for his perceived need of safety..so please for this discussion, leave out a personal disagreement with what the established is. For this discussion, related to the original post... the weapon is lawfully removed...

So hand back the gun after the officer has completed the reason for the contact? Do that and someone will say.. See... if he is willing to do that he was never really concerned for his safety and never should have disarmed.

Put it on the ground?

Put it on the vehicle?

What would you do? how would you return the deadly weapon to the citizen after writing them a citation for 11 MPH over, or expired reg, or an equipment violation?
How about just hand it back?
Nope... if he was willing to hand it back,, why did he disarm?

I'll answer my own question...

I suppose the unknown might drive the desire to disarm, but after contact, running for wants and warrants, finding valid DL, insurance and reg... and decent attitude about being cited for speeding (or what ever)... the safety concern might be no longer a personal concern.. so handing back the weapon would be reasonable. ....just not likely from an officer that felt the need to disarm from the get go.
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texanjoker

Re: Pulled over for speeding in Louisiana

#39

Post by texanjoker »

mojo84 wrote:
puma guy wrote:
texanjoker wrote:
mojo84 wrote:If all authorities always had good intentions, we wouldn't need the Constitution. He shouldn't have opened the glove box. Getting a peak inside the car when he was putting the magazine and or gun in the back seat was enough. He used it as an opportunity to see what was inside the glove box. Shouldn't have done it.

In addition to what I posted, IF he was doing this to do a search, which I don't believe, if he found anything it would be inadmissible as it was an illegal search. That is basic search and seizure 101 as he had no business in the glove box. That thing about fruit of the poisonous tree comes into play. There is way too much assuming in here when it comes to leos and how they work. I guess he could have just set the gun and magazine in the dirt and asked the driver to not pick it up until he left.
No reason to be condescending. Others have simply stated their opinions and their feelings related to any LEO entering their vehicle with no PC. There have been very reasonable alternatives offered here that would provide safety for the officer and not require vehicle entry and intrusion into the glove box. I doubt any member would be happy to have their weapon placed in the dirt. As far as way too much assuming your assumption he wasn't searching is no different.
It all comes down to matter of perspective. Some will always give the LEO the benefit of the doubt and others won't.

The condescension has become more of the norm. Especially when someone is defending something that shouldn't have happened in the first place. Just as when is the comment was made about putting the gun on the paint. This is done all the time by cops when they are searching for something. Tossing keys, phones and other items on the car is not uncommon. The gun could easily be laid on the windshield held up with the wipers. It could also be carefully laid on the paint without damaging the paint. These are just excuses on which to base an argument in favor of the leo doing something he shouldn't have. What if he wanted to put the gun or magazine in the trunk and the the other in the glovebox. Would be a fairly effective visual search whether or not it was the intention.

I also would like to point out that it is being assumed the cop was not using the placement of the gun in the car and glove box as an opportunity to search. It would also involve considerable assumptions if one was to surmise how the cop would have reacted if he had seen a bag of pot or meth in the glove box when he opened it.

Condescension is used by those that think they are better or smarter than the one they are addressing when in fact, it usually isn't true. I'm not attacking anyone but pointing out the tone that was used content used.

You know people have the right to give somebody the benefit of the doubt without always having to read about it. If you read this statement I made
" IF that is the only way a LEO can try and make some probable cause that would be horrific"
that implies I would have issues if he was using this to do a bogus search which I doubt.

OP got caught speeding more then 10 over which shouldn't have happened in the first place :smilelol5: , got a ticket, got disarmed, gun put back in the car. Sure he could have put it here or there but he didn't. He did what he did. If the OP doesn't like it file a complaint. Seems fairly simple. Instead it turns into something that isn't there like it always does in here.

Side note if he was caught with a bag of meth that would be concerning :thumbs2:
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Re: Pulled over for speeding in Louisiana

#40

Post by mojo84 »

What would have the officer done if he had found dope? Just be concerned?
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texanjoker

Re: Pulled over for speeding in Louisiana

#41

Post by texanjoker »

mojo84 wrote:What would have the officer done if he had found dope? Just be concerned?

What everybody is missing is the entire stop. If I were going to knock it I would look at it totally different:

A: I don't see the reason for ordering somebody out of a truck with a PA unless it's a high risk stop. 11? over doesn't make it a high risk stop. It is safer to keep the driver in the car, but different areas teach different things and we all see some whacked videos. I wouldn't want to be ordered out via PA like a common criminal for speeding. IMO there is no reason to remove a person from a car to write a simple ticket. On top of that, if you now have one person out of the car, and occupants in the car, you are having to watch at least 2 different locations while trying to write the ticket and do what you got to do.

B: It is not safe to be between the cars. I am not sure the positioning of stop, but this sounds wrong. Trainees are taught from day one that it is VERY dangerous between the cars. You can get shot from the vehicle stopped and run over from behind. Positioning of the patrol car is very important for LEO safety. I also cringe on these revenue stops where I see the leo get out with the ticket book in their hand on initial approach. Very dangerous.

C: Then having a person put their hands ON the truck to remove a weapon? I won't get into specific tactics but there are safer ways to do it, and the SAFEST if one was that concerned would be to temporarily handcuff the person being detained to disarm them. Being stopped for a traffic ticket is a detention and one can handcuff a detained person if justified. Not saying I would handcuff a speeding chl holder, but posting the safest way of doing it by yourself if you are that concerned. With the various holsters out there one cannot be an expert on all of them. IMO fumbling with a loaded gun in the field is an accident waiting to happen. While he is fumbling with removing the gun, ect who is watching the occupants of the car?

C: If the leo was doing more then generating revenue (OP said this was the quickest ticket he ever received so it was in and out for the leo and also lends to my belief he wasn't doing an illegal search of the glove box), and looking for real criminals like drug traffickers, felons, ect, it would have been better to do a vehicle approach like all other stops. On a busy road I prefer a passenger side approach. When the driver opens the glove box you see inside anyhow and it's all plain view :thumbs2: . You also get to do a visual scan of the car and occupants. Body language says a lot and an experienced leo will know when to look deeper, but then this sounds like a $$$$$ stop.

D: I don't get these guys unloading the gun in the first place, but that is just me. Do we really want to have people loading and unloading guns on a busy roadway? This sounds like an accident waiting to happen.

E: If the LEO wanted to search the car why not ask? Most say yes anyhow. If he is told no and suspect drugs, call a k9 unit or work at developing more PC. Most drug traffic corridors have one close by.
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Re: Pulled over for speeding in Louisiana

#42

Post by E.Marquez »

texanjoker wrote: D: I don't get these guys unloading the gun in the first place, but that is just me. Do we really want to have people loading and unloading guns on a busy roadway? This sounds like an accident waiting to happen.
Hmmm, Is there a liability issue I wounder?

My gun was loaded and safely in my holster.. the officer removed it for his safety,., unloaded it for his safety... and returned it to me unloaded and told me I could load it when he left.. while doing so the gun just went off,, Im very sorry for that guy that got shot who was driving down the road.. but gee it would have never happened if that officer had not unloaded my weapon and told me to reload it ...

I know, we can what if things to death.... having never been disarmed, or met a cop that has other then suspects.... I have no idea what Im talking about :smilelol5:
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Re: Pulled over for speeding in Louisiana

#43

Post by mojo84 »

Joker, You are debating preferences and procedures. I think most of us are talking about a cop circumventing one's rights.

I am confused, you have a problem with the cop telling the person to exit the vehicle via the PA but you think it better to handcuff a person to remmove their gun.

Again, what do you think the cop would have done if he saw a bag of pot in the glove box? I'm just trying to understand your thought process.
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Re: Pulled over for speeding in Louisiana

#44

Post by SewTexas »

TJ,

the area he was pulled over, St Martinville Parish, is mostly swamp, he was quite possibly pulled over on one of the dozens of bridges, which have very narrow shoulders, so it's possible there wasn't room for anyone on the side of the car, I've actually seen them working between the cars there in LA, I've also seen them on the side, so it's possible it depends on the area of the stop?

I'm actually more concerned about the the officer almost shooting him while disarming him? why not say "please keep your hands where I can see them"?

He should have known about any and all criminal history of the vehicle's owner before getting out of his own car. There was no reason to be nervous. If a cop is scared of a CHL holder he needs a new job.
~Tracy
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Re: Pulled over for speeding in Louisiana

#45

Post by Cedar Park Dad »

E.Marquez wrote:
Cedar Park Dad wrote:
E.Marquez wrote:Ok for those that oppose the officer gaining access in any way to the car..... opposed to placing the gun on the ground.. opposed to placing the gun on a painted surface.. and state.. "well he took it away, he can figure out how to return it.

What is your suggested method of returning it?

The law is what it is, legal for the officer to disarm you for his perceived need of safety..so please for this discussion, leave out a personal disagreement with what the established is. For this discussion, related to the original post... the weapon is lawfully removed...

So hand back the gun after the officer has completed the reason for the contact? Do that and someone will say.. See... if he is willing to do that he was never really concerned for his safety and never should have disarmed.

Put it on the ground?

Put it on the vehicle?

What would you do? how would you return the deadly weapon to the citizen after writing them a citation for 11 MPH over, or expired reg, or an equipment violation?
How about just hand it back?
Nope... if he was willing to hand it back,, why did he disarm?

I'll answer my own question...

I suppose the unknown might drive the desire to disarm, but after contact, running for wants and warrants, finding valid DL, insurance and reg... and decent attitude about being cited for speeding (or what ever)... the safety concern might be no longer a personal concern.. so handing back the weapon would be reasonable. ....just not likely from an officer that felt the need to disarm from the get go.

Fair enough. Again. Hand him the pistol, put the ammo/mag on anohter location of the vehicle.
Was the OP outside of the vehicle? If not just put the mag on back windshield as noted. If outside, have them get in vehicle. Hand them the pistol, and put the mag on the back windshield. No problemo.
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