Am I being detained?

[Eric B]

Am I being detained?

Just hand over the DL, registration and insurance when asked. Feel free to make small talk or ask any questions you have. Just be a guy. If for some reason the cop asks for permission to search your car, just tell him "no" and stick with it.

No reason to start your encounter by asserting you knowledge of your rights that having nothing to do with a simple enforcement traffic stop. That guy may just be writing you a simple "fix it" or a even a moving violation, but why poke the bear that had no plan to attack?

Keep in mind he may have PC to search anyways, so denying him may not stop him. Even when I have a butt load of PC to search a car, I still ask for consent.

Source: Soy cop.

[Ritchie8719]

Ask yourself this question, do you want to volunteer the information, or take the chance that it may accidentally been seen by the officer, without you letting them know it is there? If it is me and I happen to notice it, I can pretty much assure you that you would have seen mine from the wrong end. So your choice, to me it makes good common sense to speak up.

Ok but......what is your procedure? I am 99+% sure I am not going to be made, am as unthreatening as can be and disclosing or not has something to do with what happens after I do.

[POLICESTATE]

Even when I have a butt load of PC to search a car, I still ask for consent.

I've heard a few cops over the years essentially say something to the effect that obtaining consent to search even when you have probable cause means you don't have to articulate your probably cause in the report if you find something.

[CBR_rider]

Ok but......what is your procedure? I am 99+% sure I am not going to be made, am as unthreatening as can be and disclosing or not has something to do with what happens after I do.

I would like to know if I am detaining you or interacting with your for extended periods (you are checking out your business because we found some burglars inside of it or something) that you have your CCW.. but obviously you do not HAVE to tell me if that is not part of the conditions printed on your license. And if you intend to tell me I don't expect you to be shouting "I HAVE A CCW PERMIT AND A FIREARM ON MY HIP" as I walk up to your car. Simply handing me your LTC along with whatever paperwork I ask for or saying something like "I have a concealed weapons permit and I am armed right now" will do the trick.

If you don't tell me and I don't find out while you are detained, we both go about our lives fat, dumb, and happy. If you don't tell me and I see a gun in your waistband with your hand moving towards it(even though you are just moving to grab your wallet or a stick of gum); don't come on Calguns whining and crying about how you got a gun pointed at you and you got placed in an uncomfortable control hold because of your legal CCW.

I've heard a few cops over the years essentially say something to the effect that obtaining consent to search even when you have probable cause means you don't have to articulate your probably cause in the report if you find something.

If you DON'T want to build an airtight case, sure... There are very, very few instances where I would want to purposely limit the foundation of my case in my report. Simply choosing to document the consent as opposed to the probable cause someone may have had at the time is lazy and irresponsible report writing.


As for the OP's question, as many have already stated just act "normal." If you are going to get screwed by the man, it's gonna happen anyway right? If you don't want to answer questions, don't. If you don't want to consent to a search, don't. Do what the LEO asks, provide the paperwork you are required to provide, and beyond that its really up to you. It's really not that difficult and far too many people make it more difficult than it is.

[Ron-Solo]

I've heard a few cops over the years essentially say something to the effect that obtaining consent to search even when you have probable cause means you don't have to articulate your probably cause in the report if you find something.

A lazy cop would do that, but not one who is doing his job right. You always articulate both.

[18Dmedic]

For ccw holders, I recommend handing your CDL, registration, proof of insurance, and ccw info with it. The officer will thank you. If you don't disclose, be prepared to have a number of unkown scenarios unfold with you as S1. Lol

As long as you behave like a normal person, your contact will be brief and cordial. Let the officer do his or her job.

[IlDuche]

On the other hand...if I have someone consent to my attempts at searching their vehicle, about half the time (maybe more) I don't search it...because obviously they are not riding dirty and therefore want to show that off to me, so I can't even get aroused about it!

When I want carnal knowledge of a vehicle I want it to be non consensual. And legal.

[RickD427]

On the other hand...if I have someone consent to my attempts at searching their vehicle, about half the time (maybe more) I don't search it...because obviously they are not riding dirty and therefore want to show that off to me, so I can't even get aroused about it!

When I want carnal knowledge of a vehicle I want it to be non consensual. And legal.

There's a lot of simple wisdom in this post.

I've also been dis-inclined to do a search after consent was given, for the same reasons as IDuche stated.

I usually would ask for consent before doing a search, even if I thought I had legal standing for a non-consensual search. Redundancy of standing is a good thing. You're never certain about having standing until the judge rules (refer to Penal Code section 1538.5) on the question. Consent searches often become problematic in court when the defendant denies having given consent, or claims that the consent was coerced (another great reason for LEOs to carry recorders).

In those cases where a person denied consent, and where I had a source of standing to do a non-consensual search, we had a situation kinda like "Blood in the water with the sharks circling." Nearly all of those folks went to jail after I found their contraband.

[P5Ret]

Ok but......what is your procedure? I am 99+% sure I am not going to be made, am as unthreatening as can be and disclosing or not has something to do with what happens after I do.

Yeah I'm sure that mine isn't going to be seen either, but that does not stop me from telling an officer if I get pulled over.

If I had seen an indication of a concealed firearm on a stop without going into great detail, you can guarantee that you will be looking at my gun from the wrong end, even if you are telling me that you have a CCW until more units arrive to get you out of the car and verify that you actually have one. If you tell me that you do is it going to change the dynamic of the stop? I guess it really depends on why I stopped you in the first place.

One thing to keep in mind is that while your are reasonably certain that your concealed firearm is not going to be noticed while you are seated in your car on a traffic stop. What if the officer comes up on the right side of the car, or has a partner on the right that you don't see? One thing I liked to do on drivers side contacts was to move after the initial contact. Basically when I first talked to the driver I was at his left rear. One step forward and a turn I am now at the A pillar of the car in front of the driver. You can see a lot more from there than you can from the initial contact position.

[db42]

Many pieces of advice online state that, if stopped by law enforcement, you should only provide the following information below.

My question, which will hopefully fall on the ears of our brothers in arms that protect us on a day to day, is what would work the best for the average non felon normal joe driver:

1: a printed statement in the same presentation envelope as the DL and registration that states a person's name, address, DOB and a respectful note that I will follow all lawful commands but respectfully decline to consent to any search whatsoever and decline to answer any questions without the presence of my attorney (with a listing of the actual attorneys name address and phone number)

2. No note. just standard paperwork like a license and registration and insurance. But I make the statement that I won't consent to anything

3. just my DL and reg.

What are your thoughts? I am curious how it makes the officer feel, don't want to offend out of general respect.

I mean no disrespect by invoking my rights and I know that they(officers involved) are doing a a job that is hard, and I appreciate that. I want to meet in the middle and follow all orders and commands without giving up my rights.

what is best?

I am always amazed at how many people think that declaring that they don't consent is a smart move.

Sir, can I see your license, registration, and insurance please?
I DO NOT CONSENT TO A SEARCH!!! I KNOW MY RIGHTS!!!
Okay . . . I'm gonna' have you step out of the car for a minute.

Same as having luggage tags that say "If you're a cop, do not look in this bag".

If an officer wants to search your vehicle, most of the time he doesn't need your permission so refusing to give it just makes you look guilty. They're not asking because they need permission, they're asking 1)to be polite and 2)to see how you react.

Just act like a normal person and everything will be fine.

Nominated for BEST POST EVER!

[11bravo1p]

I'm really happy to see all of the responses in this thread. I hoped to open up a good title for discussion and it worked. There has been allot of information dispersed and outside of indirectly being called an a-hole and an idiot for simply posing a question (never said this is how I would do things), I'm glad to see it garnered some decent interest. There are tons of examples of guys actually behaving this way on youtube. My point was to see what it was like from an Officer's point of view and learn from it. I was not disappointed.
The title of this thread was used to hook you and peak your interest into submitting a valid comment. Never said it was how I operate. Fwiw

[gotshotgun?]

If I had a CCW I would hand it with my paperwork and let the officer know right away that I had a concealed weapon. Logic would dictate that an officer would feel more comfortable working with such an individual because he knows of the rigorous loops that need to be jumped through to get such a license. I could be wrong of course.

[winnre]

If I had a CCW I would hand it with my paperwork and let the officer know right away that I had a concealed weapon. Logic would dictate that an officer would feel more comfortable working with such an individual because he knows of the rigorous loops that need to be jumped through to get such a license. I could be wrong of course.

Or he can se it ats a threat. Their attitude many times depends on the car that went before you!

[repomanNWP]

Me neither

Nor I... I've received 8 tickets in my lifetime (beaten 7 in court). Despite never catching a break from a LEO, I would never be anything else but polite and respectful. I accept that LEO's have a crappy job a lot of the time, and that me being an arsehat certainly won't help the situtation. I know my rights, and often times know the laws better than the LEO I am talking to, but I just don't see where the one-inch cracked window and "Am I being detained?" with a video camera rolling makes any sense at all. You have the right to remain silent, at most, exercise that, but only in the most unusual of circumstances (or if you've just committed a crime and got caught). Take your ticket like a man and fight it in court if you believe you were wronged.

[Armando de la Guerra]

Don't go out of your way to be an oddball. You don't need a printed statement and you don't need pre-prepared verbal blanket verbal statements.
You will be asked for DL, registration and proof of insurance. Present them, don't volunteer any information, and answer any questions politely and honestly.

That is all.