transporting weapons through internal checkpoints

[stix213]

People's recommendations here seem to come down into one of two categories:

1) You're not looking for trouble and just want to get home, and are willing to bend a bit in the officer's favor to make that happen

2) You're more interested in the 100% protection of your rights at all cost than how the rest of your evening will go

As the OP has stated a few pages back, he didn't even have any weapons in the car while not answering the officer's question about whether he had any or not. Yes your vehicle shouldn't have been scratched and I believe you are in the right that they should not have taken you aside for additional searches just for asking if you were required to answer the weapons question, BUT obviously these things are prone to go a whole lot smoother when you don't have any weapons you just say "No I don't have any weapons."

Personally I plan on saving my gun activist moments for when I actually have them with me. Maybe that makes me a bad American for answering "No I have no weapons" so I can get home and watch some TV instead of getting my SUV scratched and bombarded with X-rays, but it is what it is. I try to fight the battles worth fighting, and I'm sorry to say not telling an officer you don't have any weapons would not have been one of them.

Realistically if you want to be the guy with the "Your Name Vs The United States" court case named after you to keep your right to not tell an officer you don't have any weapons, then keep doing what you are doing, and I think you have a good chance of winning. I'll be the guy watching how that turns out and maybe donating to your legal fund. I'd rather the case named after me sound a little more important than not telling that I don't have something... but that's just me.

[dieselpower]

Wes.....you are the reason civilians need firearms. Obama has a job for you.

[Bucky G]

People's recommendations here seem to come down into one of two categories:

1) You're not looking for trouble and just want to get home, and are willing to bend a bit in the officer's favor to make that happen

2) You're more interested in the 100% protection of your rights at all cost than how the rest of your evening will go

that's true, but I noticed that those who were in favor of "bending a bit in the officer's favor", were in fact officers themselves

[stix213]

that's true, but I noticed that those who were in favor of "bending a bit in the officer's favor", were in fact officers themselves

That is a good point

And I hope I didn't come off as condescending. I really hope you get somewhere with how they scratched up your SUV. That is really messed up. And really, we should be able to go up to a check point and just clam up and if the officer ACTUALLY sees anything then they can detain you. I'm just saying, my experience with authority in general is there are those few who get on a power trip so I like to play the "I don't have to tell you game" sparingly, cause no matter how wrong it is you are asking for the few with the power trips to push back.

A trick a friend of mine showed me is to keep a video camera in the car. Whenever he is stopped by an officer he sets it on his dash aimed out the window in the officer's direction and turns it on. He is always asked what it is for and he just says "I've had problems in the past, and this is just to make sure everyone's rights are kept." Yeah he used to dress like a wannabe gang banger even though he was a white boy with his own business, and I always told him that's why he kept getting his car searched for drugs once a month by a cop with a "hunch." My friend is one of those guys who thinks you should never put anything in your body. He never does any drugs or even drinks, ever.

His rights stopped getting violated as soon as he started with the video camera, and he didn't even have to change how he dressed. Funny no officers ever thought his car needed to be searched when they were being recorded... hmmm

[Desert_Rat]

A few years ago I went through that one near needles.The guy asked "Do you have any weapons in the vehicle sir?"I said "Hell Ya" then the guy chuckles and said "Well get-on down the road with Your bad self" And I drove on.With my wife chewing my *** for a few miles

[Gp100]

that's true, but I noticed that those who were in favor of "bending a bit in the officer's favor", were in fact officers themselves

True, as long as almost every gun law passed has a exemption for LEO's, as long as they never get there car searched because they flash there badge. As long as there rights are protected they could careless about your rights your just a little surf prick talking to a great lord, don't you dare look at him in the eye.

The real problem is the politicians at city,state and federal that let them treat us like this, that is the problem. They have absolute power and we know what that does.
1776-2009 the red coats are back?

[GrizzlyGuy]

Absolutely positive they were US soldiers
They were wearing ACU's and the patch above their shirt pocket said US Army

Hmmmmm... Let's try to give them the benefit of the doubt. Were they maybe National Guard and not U.S. Army?

If you're sure they were U.S. Army rather than the guard, a bigger problem exists than you getting your car scratched and personal property (the photo) destroyed. The Posse Comitatus Act makes it illegal for the U.S. military to perform civilian law enforcement within our country, except for under some very limited exceptions (such as to help LEO's deal with threats involving nuclear materials).

There are other exceptions for the National Guard: "There are a number of situations in which the Act does not apply. These include... National Guard units while under the authority of the governor of a state"

The only thing I can find regarding manning of internal checkpoints by the military (other than the National Guard) is this info from the article:

"On December 10, 2008, the California Highway Patrol announced its officers, along with San Bernadino Sheriff's Department deputies and US Marine Corps Military Police, would jointly staff some sobriety and drivers license checkpoints. However, the Marines at the checkpoints are not arresting individuals or enforcing any laws, which would be a violation of the Posse Comitatus Act. A spokesperson said that the Marines were present to observe the checkpoint to learn how to conduct checkpoints on base, to help combat the problem of Marines driving under the influence. The Marines at a recent checkpoint learned techniques to conduct sobriety checkpoints and field sobriety tests."

In your case a "law" (nonexistent, of course) was enforced by these uniformed people when they ordered you to destroy your photo. Not good no matter who they were. That photo was your intellectual property, and we do have laws protecting property in this country.

Again, to give them the benefit of the doubt and present this information fairly, here is an article titled The Myth of Posse Comitatus that was written by a U.S. Army Reserve JAG (attorney). I don't see anything in this pro-government interpretation of Posse Commitatus that would authorize what happened to you.

So... if these guys really were U.S. Army and not National Guard, you may need to call the FBI and have them arrested for violating Posse Comitatus. Or if they really were National Guard, have the FBI arrest them for forcing you to destroy your property.

[CSACANNONEER]

get over it. different states have different weapon laws. when im on duty and someone gives me lip when i ask a simple question, you bet you *** im gunna check that prick

Please pull me over and insist that I answer personal questions like "Where are you coming from?" "Where are you going?" and "Do you have any weapons in your vehicle?" Please....Please.... I really need some cash and since you are indicating that you'll illegally search me just because I don't want to make small talk with you, I should be able to sue your dept. for enough to let me retire. BTW, thanks for posting your intentions here first. It'll make my lawyer's job so much easier. Now, where exactly do you work? I'm willing to travel a ways for this. BTW, I'll have my vehicle camera'd and mic'd for your protection.

[GrizzlyGuy]

Please pull me over and insist that I answer personal questions like "Where are you coming from?" "Where are you going?" and "Do you have any weapons in your vehicle?" Please....Please.... I really need some cash and since you are indicating that you'll illegally search me just because I don't want to make small talk with you, I should be able to sue your dept. for enough to let me retire. BTW, thanks for posting your intentions here first. It'll make my lawyer's job so much easier. Now, where exactly do you work? I'm willing to travel a ways for this. BTW, I'll have my vehicle camera'd and mic'd for your protection.

I call dibs for riding shotgun with you! We get to split the settlement money, right?

[tenpercentfirearms]

Ok I just got in trouble for taking a picture of their xray truck
The army soldiers made me delete it while they watched
I explained I was trying to take a picture of the scene where my car was damaged
The BP supervisor came and gave me the number of headquarters to file my claim
He said everthing there is recorded 24 hours a day and tapes will clearly show what dog jumped on my car
He said it was likely a customs dog, they are to scratch and dig
He said BP dogs are trained passive and will sit when they something
Now I have go because its hard to type on this phone

Man, you should have pushed the edge, eight year old and all. That would have been a great case. However, that is easy for me to say here at my computer and honestly can't fault you for something I haven't had the chance to prove yet.

How come when I get stopped they never try screwing with me? We make small talk about Geocaching, they give me a ticket, and off they go.

I call dibs for riding shotgun with you! We get to split the settlement money, right?

I need to come along to prove I am not all talk.

[Bucky G]

Hmmmmm... Let's try to give them the benefit of the doubt. Were they maybe National Guard and not U.S. Army?

they could have absolutely been National Guard
I only said Army soldiers because that's what their patch said on their shirts

I have never been in the Guard but I did serve in the army, I don't know if the Guard wears the US Army logo or not

[Desert_Rat]

they could have absolutely been National Guard
I only said Army soldiers because that's what their patch said on their shirts

I have never been in the Guard but I did serve in the army, I don't know if the Guard wears the US Army logo or not

Yes, The Guard has the same "US ARMY" on their uniform.
A guy would have to know about the unit patches on the shoulders to know what unit the Soldiers are from

[shark92651]

get over it. different states have different weapon laws. when im on duty and someone gives me lip when i ask a simple question, you bet you *** im gunna check that prick

And what agency do you work for? What laws give you the right to go on a fishing expedition for weapons with no RS or PC of any illegal activity?

[Jpach]

get over it. different states have different weapon laws. when im on duty and someone gives me lip when i ask a simple question, you bet you *** im gunna check that prick

You are the prick, and for our safety I hope you cease to be a LEO. You truly disgust me.

[chsk9]