Open Carry Incident.

[jmicheals1984]

I was on my way home from work a few months ago and seeing as I do Maintenance and Janitorial work, I don't get out until about 11PM at night. I was on my way home in Fredericksburg and a Cop started to follow me for about 5 miles. I made a right, and it was foggy so I did not see the Car coming and failed to yield. He pulls me over and as soon as he comes to the widow and introduces himself, I mention I am open carrying and that there is a Pistol on the front seat of my Car. Perfectly Legal) He tells me to put my hands on the steering wheel and don't make any sudden movements. He walks away and another officer walks up to my passenger side and shines a flashlight on me. Backup arrives in the form of three more cruisers about 25-35 mins later and a different officer asks me to get out of my Car. He then asks to search my Car. This takes another 15-20 mins and they try to make small talk with me. After they find nothing, and after I have to explain away all the tools I have in my Car( A few pocket knives, screwdrivers, duct tape, ect) and re explain that I Maintain and clean commercial buildings for a living, he gives me a Citation. My question is, was all this necessary? I was not breaking the law by having a Pistol on the front seat of the Car and I declared it because I did not want him to see it and get nervous. I thought I was doing the right thing. I walk by Cops all the time and even chat with them while OCing and they don't give me anything.

[ShotgunBlast]

Tough call. On one hand It's easy to say the whole situation was a bit excessive. On the other hand I wouldn't want to be the one who pulls a stranger over on a foggy night who has a gun in their vehicle. I've seen too many dashcam videos to see how that can end.

Good job for declaring up front that you OC. Question: why did you consent to having your car searched?

[SHMIV]

Question: why did you consent to having your car searched?

He probably consented for the same reason that I would have. I've been in the same line of work as the OP, and in that line of work, going to court is expensive.

I understand the principle behind not consenting to a search, but I'm also aware that some LEO's are a bit ignorant on the law. If a good attorney is out of your price range, sometimes it's best to just be as friendly and cooperative as possible.

[heyrakes]

the OP did nothing wrong, and was cooperative with the LEO. no problem there if you want to be on your way

how ever i would not have consented to a car search. i know there is nothing i can do to stop them but i would not have consented. but then again i would have set there all night if necessary.

[jmicheals1984]

The Judge even gave me break on the points in Traffic Court, waiving all points and giving me a small break on the fines. If I had said no it would not have been that simple. I make enough to make a living and that is it. I don't have the money for a good lawyer. I had nothing illegal and was committing no crime so I thought if I just let them ransack my car taking about an hour after its all said and done , I'd be going home sooner than if I said no.

[mk4]

^^^
not looking to get into an argument with you... but you completely surrendered your 4th amendment protections.

if you had respectfully said something along the lines of "not consenting to any search or seizure of your person or your property, but not resisting", you would have retained your rights. that's not saying that they wouldn't have searched anyway, giving you some baloney about ras or officer safety or "what's the harm if you've got nothing to hide?", but later, after the fact, you might have some legal recourse if leo could not articulate any real ras or probable cause. by giving consent, you gave it all up. no possible recourse.

i know... it's not easy. but a right surrendered is a right lost.

take care.

[jmicheals1984]

^^^
not looking to get into an argument with you... but you completely surrendered your 4th amendment protections.

if you had respectfully said something along the lines of "not consenting to any search or seizure of your person or your property, but not resisting", you would have retained your rights. that's not saying that they wouldn't have searched anyway, giving you some baloney about ras or officer safety or "what's the harm if you've got nothing to hide?", but later, after the fact, you might have some legal recourse if leo could not articulate any real ras or probable cause. by giving consent, you gave it all up. no possible recourse.

i know... it's not easy. but a right surrendered is a right lost.

take care.

I know in principle I should have said no, but by the time he asked me if he could search my Car there were already 4+ cops on the scene.