Legally open carrying combat vet sues over Wyoming traffic stop

Discussion in 'Carry Issues' started by RussP, Sep 28, 2012.

  1. Patchman

    Patchman Florist

    If units are availalbe, and are close-by enough, the agency will likely make an effort to correct the reported problem. I don't know if in your two situations, the LE agency had unit(s) available or close-by enough to intercept in a timely basis.

    As for alleging the MC might have been traveling at over 100 mph, the driver probably probably was estimating. To a seasoned driver, estimating another car's traveling/passing speed really isn't that difficult.

    If a seasoned driver is traveling at 60mph, and a car zooms past, the seasoned driver should be able to estimate if the passing car is going 20 mph faster or 50 mph faster.

    OK, so how do you know the MC didn't have the attituide, which the LEO picked up on?

    I don't wear a uniform but I love to people watch. Over the years I notice that very often, many, many people approached by those in uniforms immediately have attituides. The usual attituide is they're better than the uniformed person. If the uniform is a cop, people will exude an air of superiority, as in so why is this cop "bothering" me? Most will always have some snide remark like "why aren't you fighting real crime?" or something similar. God forbid if the uniform is a service person like the UPS guy or sanitation or even a building doorman.

    What's my point? You may not believe it, but jackass people not in uniforms exist also.

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    #21 Patchman, Sep 29, 2012
    Last edited: Sep 29, 2012
  2. Dragoon44

    Dragoon44 Unfair Facist
    Lifetime Member

    I see some claiming the guys rights were violated. Maybe one of these Constitutional experts can specify what right(s) were violated and how.

  3. ICARRY2

    ICARRY2 NRA Life Member


    If you go back and listen to the audio you will hear the leo say he didnt see the gun on the bikers right hip since the leo approached him from his left side.

    The leo asked the biker if he had any guns before he got off the bike.

    It wasnt until after the biker was off the bike and facing the leo that the leo saw the gun.

    Also, the leo told the biker some rv'ers had called to complain about a biker speeding past them at a high rate of speed. The biker admitted to passing the rv's, just not at a high speed.

    The pc is undoubtedly a result of the bikers passing and not because he had a gun on his hip in oc.
    #23 ICARRY2, Sep 29, 2012
    Last edited: Sep 29, 2012
  4. Bruce M

    I will take a stab at that one. His Fourth Amendment right. The right of the people against searches and seizures shall not be violated and no Warrants shall issue but upon probably cause. Everyone knows that the word "unreasonable" is not in that amendment and even if it were, it is not like it is not unreasonable for an officer to be concerned about dealing with an armed person.
  5. robhic

    robhic WOLVERINE!!!!
    Platinum Member Gold Member

    That makes sense. Thanks for the input. And Dragoon44:

    "That may very well entail me asking a question I already know the answer to in order to see what kind of response I get and how the person reacts to it."

    Interesting point and one I did not think about. Thanks for your input, too.
  6. TDC,

    The problem is that people offer up an opinion based on emotion, not fact:

    It is part of standardized police training to leave motorcycle operators on the bike, with the kick stand up. You mistake an industry "best practice" with ball busting. That is the problem with a citizens analysis of a particular procedure....No, policing isn't just you with a gun and the basis of knowledge you currently have. It's you + training.

    Do I make everyone hold their bike? No, but it is best practice when stopping riders wearing colors or are being stopped for other reasons then operation of the MC.

    I gaurantee 99% of posters here would have a different outlook if they had to perform LE duties, let alone a ride along. I have the benefit of being an shooting enthusiast as well as LE, so I can relate to their "feelings". That being said, good people go bad...don't put yourself in a position of weakness. I have to pull people over and go to calls for 25 years, this guy gets pulled over once and has some expectation that the cop will entertain the possibility of a gunfight? And claim it's his right to do so? I will gladly make reasonable accomodations to a lawful carrier...once I'm sure that business will be conducted safely.

    Oh, I forgot...the old Army rule was 10% ****birds. Probably about the same for LE.
    #26 beatcop, Sep 29, 2012
    Last edited: Sep 29, 2012
  7. Patchman

    Patchman Florist

    I thank the Captain for his service. But is it possible that having served two tours, is a Marine, is a Captain of Marines, and is a helicopter pilot... made him feel a little entitled?

    Riding his MC at 100 MPH (or so it's alleged) on a public highway for fun, and then getting his fun stopped by a nobody cop... might have rankled the Captain a little? :dunno:
    #27 Patchman, Sep 29, 2012
    Last edited: Sep 29, 2012
  8. TDC20

    Nah, I just think it goes back to the fact that they really can't legally do anything based on one person's call. For example, someone could have been pissed off about being stuck behind a slow driver in the fast lane and figured they could call in a complaint on them about reckless driving and get them in trouble. There's no way to prove or disprove if a complaint is valid in that situation. So I understand that. But in this particular case, if the deputy didn't actually witness any reckless driving or other traffic infractions when he caught up to the MC, does he still have a reason to pull him over? If he doesn't observe some kind of illegal activity or traffic infraction, what is the point in pulling him over? I don't think he could cite the guy based on someone else's observation of an alleged traffic violation, could he?

    Good point, and I know this is true because after spotting cars for about 15 min. using a LADAR, I was able to call the speed to within +/-1mph. I'm not saying that I could come back a week later, without having the LADAR to "calibrate" my observations and still do that, but I believe that training makes this possible within an acceptable window of error. Which brings up another thing that I hadn't considered...maybe the call was made by an off-duty officer in the RV. That would explain why the MC was pulled over based on the complaint.

    I think it's pretty obvious that the MC had an attitude. In his mind, he was being detained for doing nothing illegal. The cop had an attitude, too. In the cop's mind, he considered the MC's evasion of his weapons question to be a threat to his safety. I hate to be a Monday morning quarterback, but when the guy said he didn't consent to any searches, the cop should have immediately replied with, "I'm not asking to search you, I'm asking if you have any weapons on you." Simply maintaining his question, instead of getting sidetracked, could have eliminated any misunderstandings, and may have prevented a lot of attitude on both sides.

    I have worn a uniform, and I know first hand about people's prejudice based on their experiences or perceptions about someone who wore the same uniform. I have no doubt that cops get attitude pretty much everyday they are in uniform, and it has nothing to do with that particular cop. It's more of an attitude about the uniform and the authority. In most cases, it's not even a conscious thing, but more an element of human nature. It's the same element of human nature that fosters racism and anti-semitism.
  9. TDC20

    I went back and listened a second time, and you are 100% correct. Whether the RV'ers said anything about MWAG we don't know for sure, but the story didn't say, so we assume there was no MWAG called in. Still, the initial contact could have been handled better. If someone answers a question I didn't ask, or gives me an evasive answer, then I ask the question again to make sure they understand exactly what I'm asking. Doesn't matter whether it's my wife, my business partner, or my employee. That's basic communication skills, which would have gone a long way in this instance.

    Q. Do you have any weapons on you?
    A. I don't consent to any searches.
    Q. I'm not asking to search you, I'm asking if you have any weapons on you.
  10. Clutch Cargo

    Clutch Cargo Amsterdam Haze

    Sounds like a liability issue if the bike falls on the rider.:dunno:

    My kickstand is down immediately if I'm pulled over while on 2 wheels. It is for MY safety, the protection of my property, and gives me the ability to present ID when asked to do so.

    And yeah, I'm wearing colors.
    #30 Clutch Cargo, Sep 30, 2012
    Last edited: Sep 30, 2012
  11. Liability is one of those subjects that sounds good, but gets little traction. You can be sued for anything, however if you're doing your job, there's no issue. Let's face it, if a guy doesn't want to hold the bike, there's nothing you can do...if you instruct him to remain seated and he gets off, what do you think that means? Same concept as getting out of a vehicle on your own...makes you wonder what the driver is up to.

    As far as colors, there have been other threads addressing hobby clubs to OMG's. I'd love to ride, but the last two fatals I did were MC. Not a pretty ending.

    I worked for one city agency that would not entertain an infraction reported by complainant. The next agency takes it like any other complaint/investigation. You have an accusation, with no evidence it goes away.

    The training standard I was held to was 4mph. You're not issuing based on an estimate though, merely identifying excessive speed and lasing...just another element of the case. I've cut a "minimum speed violation" a few see the car blast by and isssue the ticket for a 1mph over violation. Either way, if you have reasonable suspicion of a violation you can make the stop and investigate...when the op admitted to passing cars it placed him as "the guy" being reported as speeding...the only issue is to determine if there was a violation.
    #31 beatcop, Sep 30, 2012
    Last edited: Sep 30, 2012
  12. Clutch Cargo

    Clutch Cargo Amsterdam Haze

    It's just silly to think someone would hold up a motorcycle (especially with a passenger) when safety demands the passenger get off and the kickstand goes down. However, I keep my hands on the bars until instructed to do otherwise.

    3-piece-patch MC here.
  13. pipedreams

    pipedreams Member

    Your right, guess I have been reading too many reply's and posts on this topic.
  14. happyguy

    happyguy Man, I'm Pretty

    The 20% idiot rate seems to apply across the board with the entire population in my experience.

    Some government agencies (like the BMV)seem to be a bit higher and some like most LE agencies seem a little lower, but not a lot lower.

    Happyguy :)
    #34 happyguy, Sep 30, 2012
    Last edited: Sep 30, 2012
  15. Dragoon44
    It's my understanding -correct me if I'm wrong - but unless the officer observes the vehicle speeding they can't charge or write a ticket on the observation of a non LEO ie civilian.
    If this is the case, what was the justification for the stop to begin with.:supergrin:
    #35 Gunnut 45/454, Sep 30, 2012
    Last edited: Sep 30, 2012
  16. Dragoon44

    Dragoon44 Unfair Facist
    Lifetime Member

    In most states that would be correct as far as actually taking action, (Enforcement). However that does not deter or restrict an officer from a traffic stop based on a complaint to determine what is going on with the individual that is the subject of the complaint.
  17. I will never understand why people don't comply at a traffic stop. Nothing good will ever come out of and argument.
  18. What would we have to talk about here then? You tube would dry up...
  19. I'm not sure I follow. Isn't giving a cop a false answer a crime by itself?
  20. That matches my experience, Patchman.

    On an interstate after dark in a populated area, I used my cell to report a zooming and weaving driver, who was doing at least 85 in a 60 (my wife was driving) but I didn't expect the cops to do anything -- how could they?

    Luckily, they just happened to have a car nearby, and they nailed his stupid, drunk/high ass a mere 3 miles down the interstate. The cop was stopped at the exit just waiting, and turned the lights on when the SUV was 200 yards away.

    Seriously though, the interchange 3 miles ahead of where he was stopped has killed a lot of people.

    Based on the tone of voice from the operator, I conclude that area law enforcement (dispatchers included) take drunk/reckless reports especially seriously. She questioned me in a manner that was clearly designed to get the important facts from me very quickly.


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