Question about how to answer an LEO...

[kaligaran]

Hello.

My friend got pulled over today for a traffic violation. During the stop the leo asked if he had any drugs or weapons in the vehicle. My friend didn't so he said no and got his ticket and left.
In hearing this I wonder what the proper response is for someone that is legally carrying a gun. Either locked and unloaded going to a range or ccw. I feel that any response would create additonal problems or time delays.

I assume a response of "I have nothing illegal in this vehicle" would just be followed up by more questions.

Thank you for your time and service.

[realgreenfire]

if you get stopped and the officer asks you about drugs or weapons and you DO in fact have properly stored guns in the vehicle than answering honestly could avoid a BIG issue.. after telling an officer that you have a gun in the car chances are it will add a few minutes to the stop but it is better than the alternative and amount of time that will be waisted or other possible consequences. the cop will ask you to step out of the vehicle, pat you down to make sure you are not armed, ask where the weapon is, than locate it him/her self and make sure its stored properly and unloaded, run you to make sure you dont have any felonies or warrants, write you your ticket and send you on your way. extra 5 minutes, no big deal i feel

if you decide to LIE to the officer and for any reason they end up finding something your in deep Sh*t.

[y3kspoo]

Officer: Are you aware of why I pulled you over today?
me: No, I thought you were supposed to know that part.
Downhill from there, no ticket written.

[softscrubb]

I am always amazed at how people on this site so freely advocate lying to the police. If you're going to the range and have a gun legally in your vehicle, simply telling the cop that is a simple answer.

No... it's so much easier to try and get into a back and forth with the cop.. these are my favorites.. 'Officer, I don't give you permission to stop me or search me or talk to me... blah..blah..blah.. Yes, I have a license but under what authority must I provide it... blah..blah..blah...Officer.. you have no right as I don't appreciate you stopping me.. blah..blah..blah..' guys.. this isn't rocket science.. have gun in car.. tell cop.. off you go... no big deal..

[Ron-Solo]

This is the LE forum, what do you expect us to say?

[Desert Dude]

This is the LE forum, what do you expect us to say?

Well said. Thank you.

[kaligaran]

Oh no no, I never expected that the answer would be lie.

I just didn't know if there was an honest answer that would be a way to avoid getting pulled out, patted down and searched.

In the bay area, I'm told that this could be very time consuming and worst case, get legal guns confiscated because the LEO might think your locked rifle with a BB is an illegal AW.

I'm still new to CA. I've been pulled over in other states and never been asked this question. My friend being asked that for going 13mph over the speed limit surprised me.

[kaligaran]

Sorry for multiple posts.

Would "I have nothing illegal in the vehicle" be an adaquate response or would that just prompt a response like "That's not what I asked"?

[RickD427]

Hello.

My friend got pulled over today for a traffic violation. During the stop the leo asked if he had any drugs or weapons in the vehicle. My friend didn't so he said no and got his ticket and left.
In hearing this I wonder what the proper response is for someone that is legally carrying a gun. Either locked and unloaded going to a range or ccw. I feel that any response would create additonal problems or time delays.

I assume a response of "I have nothing illegal in this vehicle" would just be followed up by more questions.

Thank you for your time and service.

The best possible reply is to reply "Yes" or "No" as the facts of the situation dictate. It's good that a "Yes" reply be accompanied by a brief explanation. A reply of "Yes" is not going to cause any "automatic" searches or problems.

You're quite correct that "I have nothing illegal in this vehicle" will cause all sorts of problems. This has been discussed in several previous threads. Such a statement can be taken as an "Adoptive Admission" and the officer can use it to add to his/her determination if probable cause exists to conduct a non-consensual search the vehicle.

If you really feel that you cannot answer the question, its much better to simply say, "Officer, I don't want to answer that question". An LEO has the authority to compel the provision of certain information during the course of a traffic stop. That's primarily the info on your Driver's License, Registration, and Insurance Card. We don't have the authority to compel a reply to the drug and weapon question. If you refuse to answer the question, the officer cannot use that refusal to add to PC, but if you evade the question, he can.

[kaligaran]

The best possible reply is to reply "Yes" or "No" as the facts of the situation dictate. It's good that a "Yes" reply be accompanied by a brief explanation. A reply of "Yes" is not going to cause any "automatic" searches or problems.

You're quite correct that "I have nothing illegal in this vehicle" will cause all sorts of problems. This has been discussed in several previous threads. Such a statement can be taken as an "Adoptive Admission" and the officer can use it to add to his/her determination if probable cause exists to conduct a non-consensual search the vehicle.

If you really feel that you cannot answer the question, its much better to simply say, "Officer, I don't want to answer that question". An LEO has the authority to compel the provision of certain information during the course of a traffic stop. That's primarily the info on your Driver's License, Registration, and Insurance Card. We don't have the authority to compel a reply to the drug and weapon question. If you refuse to answer the question, the officer cannot use that refusal to add to PC, but if you evade the question, he can.

Thank you Rick. That's what I was looking for.

Again, thank you guys for your service. I have had nothing but good interactions with LEOs all my life. I hope that never changes.

[A-J]

if you get stopped and the officer asks you about drugs or weapons and you DO in fact have properly stored guns in the vehicle than answering honestly could avoid a BIG issue.. after telling an officer that you have a gun in the car chances are it will add a few minutes to the stop but it is better than the alternative and amount of time that will be waisted or other possible consequences. the cop will ask you to step out of the vehicle, pat you down to make sure you are not armed, ask where the weapon is, than locate it him/her self and make sure its stored properly and unloaded, run you to make sure you dont have any felonies or warrants, write you your ticket and send you on your way. extra 5 minutes, no big deal i feel

if you decide to LIE to the officer and for any reason they end up finding something your in deep Sh*t.

See, this is what always irks me, and hopefully some good info will come from this thread rather than have it devolve into the "I would never consent to a search" and "You're an idiot" type posts that usually end up killing the threads.

How does replying yes that a person has a weapon in the car translate into RS or PC to search the vehicle and detain the driver? If the ticket has already been issued, then the person has already been checked for wants/warrants and would presumably be clear, otherwise you woulda hooked them already, making the question irrelevant since you now get to "search incident to arrest."

You hear a lot about "it's for officer safety" and I can certainly understand that LEOs have dangerous jobs, but the fact remains that the presence of a firearm that is out of sight and being transported legally provides no additional threat to officer safety than existed prior to the question being asked.

What I'm looking for is where the authority for the search comes from, IE where is it articulated in the CPC or CVC that answering yes allows the search described in the post above. And despite the inflammatory way in which the question may be interpreted, I am genuinely interested in knowing the answer. Personally, I make it a point to not get pulled over when I have guns in the car to avoid exactly this situation, and so far I've been 100% successful.

[POLICESTATE]

Just be HONEST

[greybeard]

Okay off topic, how often does that question get asked?

[OldShooter32]

I'd suggest that you keep your hands on the wheel until the officer gets there, then state, "I have a LTC and it's with my drivers license. I have a firearm, and will be glad to show you both my CCW and driver's license." Then follow his (or her) lead. You don't have to submit to any further search unless you want to. Lying to an officer is not a good idea, though it is not patently illegal (unlike making a false report or lying about traffic accidents.)

[kaligaran]

I asked my question generally but I do CCW. I know it's a good idea to tell an officer up front but I also know it's not required by law.

It's something I've thought about a lot. I figured I'd just keep quiet and remain fully cooperative and if asked about weapons in the vehicle, I'd be honest (lying about it was never an option to me).

I have a feeling that if I volunteer this information up front I may be setting myself up for a long drawn out process that otherwise might not occur if not asked.

I just wasn't sure what the right approach is to any questions that might prevent being delayed/patted down/searched/etc especially for a minor traffic violation.

My understanding from the responses so far is that there is none.