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He asked if my concealed was loaded. stupid cop...civil rights suit pending

Discussion in 'Carry Issues' started by bucksnort1959, Dec 2, 2012.

  1. Gunnut 45/454

    Gunnut 45/454

    Jun 20, 2002
    So FL lets you have alcohol while CCWing? Thats a gaurenteed loss of CCW here in ID!
    I see epic fail here!:rofl: One you broke the law (Speeding) May have broke the law again while carring and having a beer? So what makes you think your going to prevail in the civil suit? You should save your money clean up your act and don't speed !:faint:
  2. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
    bucksnort is in WI.

    ca survivor is in FL.

  3. eb07

    eb07 Sharkin'

    Feb 19, 2010
    Third Rock From the Sun
    There are usually consequences to stupid actions.

    Drinking a beer while carrying and before operating a motor vehicle = questionably stupid

    Breaking traffic law by speeding after doing so = stupid

    His actions resulted in consequences. But of course it is easier to blame the officer aka barney aka jack booted thug aka whatever else he decides to call him. However, the officer did not force the alcohol into his system, nor did he cause him to break the traffic law. All the officer did was make a judgement call based upon what he smelled, and encountered and took a possibly safety risk off the road thus keeping the law abiding citizens that were on the road safe. I am pulling for "Barney" on this one.
    Last edited: Dec 4, 2012
  4. wprebeck

    wprebeck Got quacks?

    Oct 20, 2002
    Mm..looks like heaven
    Huh? :supergrin:
  5. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
    No, no,'re too early!!!! Go back behind the curtain!! :faint:
  6. John Rambo

    John Rambo Raven

    Feb 15, 2010
    Tampa, Fl.
    Down here we can be ****faced drunk and carry a gun. Hell, I do it all the time! Freedom tastes good, my friend. Tastes like whiskey.
  7. RyanNREMTP

    RyanNREMTP Inactive/Banned

    Jun 16, 2007
    Waco, Texas
    I find this thread most boring.

    Sent from my Federation issued communicator.
  8. Cochese

    Cochese Most mackinest CLM

    Jun 30, 2004
    Unmarked Rustbox
    Three drinks is a .012 in your experience?

  9. Hawkeye16


    Mar 19, 2012
    I only see 1 drink before the offer of a second. So, 2 before heading home.

    Posted using Outdoor Hub Campfire
    Last edited: Dec 4, 2012
  10. Cochese

    Cochese Most mackinest CLM

    Jun 30, 2004
    Unmarked Rustbox
    Nice edit. Maybe we can all work on our reading comprehension?

    Beer, comma, Jack and Coke, or whatever. Two drinks. I read into the buy you a beer as a third.

    I'll admit I gave up on the rest of the post content at that point because I have an appreciation for paragraphs and sentence breaks.

    Regardless, a Jack and Coke and beer, depending on size and the metabolism of the OP, will bring upon a higher BrAC than a .012 in most circumstances depending on the time frame and such.

    There are other factors that go into impaired driving anyway. Like fatigue for example. DUI need not present a BrAC of .08 or more just to substantiate impairment. DUI per se... sure. But not DUI.

    Back to how this was all worthy of a 1983 suit. :rofl:
  11. Bren

    Bren NRA Life Member

    Jan 16, 2005
    This thread is like a train wreck...

    ...but the train just hit something and stopped and I keep waiting to see an interesting train wreck, because the potential is there, but nothing is happening.

  12. SgtScott31


    Jan 17, 2011
    So lack of sleep, smell of alcoholic beverage on breath, and likely bloodshot eyes (from lack of sleep) = several clues of impairment upon first glance by a trained officer.

    Likely the same route you've taken dozens of times if you've lived in that area, so how could you not know the speed limit? Not buying it.

    So an officer who observes possible signs of impairment asks you about firearms and you respond in the affirmative. The reasonable actions by the officer is to take you out of the vehicle and place you in handcuffs. This is done every day. If an officer has a reasonable belief someone may be armed/dangerous, they can take steps necessary to protect himself, the person, and anyone else. Obviously you're armed and a reasonable person could come to the conclusion that you might be dangerous if it turns out you're impaired. The DUI investigation is still ongoing so the officer does what he feels his necessary to continue the investigation SAFELY (i.e. disarm you).

    One of two things happened. Either they decided to arrest for DUI or possession firearm while impaired (or both); OR they placed you in the vehicle to specifically retrieve the weapon. Either way, both searches are legal. Search incident to arrest to remove the firearm because it's an element of the crime or a terry search for weapons within your reach in the vehicle. Obviously since you told them you were armed they were going to retrieve it after placing you in handcuffs.

    Just because someone has a Blood Alcohol Content (BAC) of .012 does not mean they're not impaired. I've been a DUI instructor for several years and I've seen plenty of people impaired below .08%. This doesn't even include the possibility of drugs in the blood. I recall arresting a female who was totally wasted and plowed into a vehicle. Her BAC was .03%, but the amount of xanex in her system was huge.

    What many people don't understand is that .08% is the "per se" limit, which means that the state (in trial) PRESUMES the person to be impaired at .08% or greater. The District Attorney does not have to prove the "impairment" element in trial if you're .08% or greater.

    Regardless of the outcome of the trial, it's pretty apparent from the fact pattern so far that all of the actions taken by the officers were reasonable. If an attorney decides to file a state or federal 1983 claim with this fact pattern, they would be lucky not to be sanctioned by the court for filing something so frivolous. With the fact pattern provided I guarantee it would never make it past summary judgment (in favor of the officers of course).
  13. LawScholar


    Aug 23, 2011
    Internet high five
  14. Gunnut 45/454

    Gunnut 45/454

    Jun 20, 2002
    John rambo

    Really? This would tend to say you can't be in a BAR!!! So unless you get liquired up at home it's a NO!
    790.06 (12) License to Carry Concealed Weapon or Firearm
    Prohibatives palces
     any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

    Carry in Restaurants That Serve Alcohol
    Note: A “YES” above means you can carry into places like described below. “NO” means you can’t. definition of “Restaurant Carry” is carry in a restaurant that serves alcohol. Places like Friday’s. Chili’s or Red Lobster. This may or may not mean the bar or the bar area of a restaurant. But you can carry your firearm into a restaurant that serves alcohol and sit and eat without consuming. recommends you not sit at the Bar or in the Bar area of such restaurants. In some states it is illegal to be in the Bar area of such restaurants. believes you should never consume alcohol when carrying your firearm. In some states it is illegal to take even one drink while carrying a firearm. If you want further info on carrying in places that serve alcohol check your state laws.
  15. jdavionic

    jdavionic NRA Member

    May 1, 2008
    wait for it....wait for it....
  16. PBR Sailor

    PBR Sailor

    Dec 4, 2004
    Last edited: Dec 4, 2012
  17. jdavionic

    jdavionic NRA Member

    May 1, 2008
    Back Off, man! I pay your salary!!!
  18. Glockdude1

    Glockdude1 Federal Member CLM

    May 24, 2000
  19. JerryVO


    Oct 22, 2008
    Tampa, FL
    Rambo is spot on with FL law. Though you can not sit in the bar area of a chilis you can sit at a table and drink as much as you want and CC. The law does say that you can not drink and have your weapon 'readily accessable' as defined as in your hand but it can be in your holster and you can drink away.

    Sent from my SAMSUNG-SGH-I777 using Tapatalk 2
  20. John Rambo

    John Rambo Raven

    Feb 15, 2010
    Tampa, Fl.
    Okay, and that has anything to do with what I said, HOW?

    You can get ****faced in a restaurant. You can get ****faced at a pool hall. You can get ****faced at some clubs depending on the layout. You can get ****faced at an event.

    Next time, do some thinking before you look for an argument. I don't need some out-of-stater trying to educate ME on my state's laws.