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Lenior City traffic stop


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Posted
Guy on the bike got hassled. He most likely is from out of state as evidenced by the "ccw" comment.


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  • Like 2
Posted

When I'm getting stopped, I always proceed slowly.... but I watch my own ass and don't just panic and whip it to the shoulder Immediately when I'm being stopped. I also put both hands on top of the wheel once the cop is out of his vehicle and talk nice to let it be known I'm not a threat.

 

Always amazed how many TGOers seem to get stopped as a matter of routine. :)

 

- OS

  • Like 2
Posted
That the rider says he noticed the cop watching him and went about his business anyway makes me think this isn't his first rodeo. How he handles the stop would seem to confirm that.

Had I noticed the cop watching me, I probably would have fiddled about with the bike for a few minutes just to see if he'd lose interest. If not, why even get on the bike? Just walk over and say hello.
  • Like 2
Posted

Always amazed how many TGOers seem to get stopped as a matter of routine. :)

 

- OS

 

You've noticed that too, huh?

Posted

Always amazed how many TGOers seem to get stopped as a matter of routine. :)
 
- OS


I was never stopped until I started posting on TGO! Where is my tin foil hat?
Posted

I was never stopped until I started posting on TGO! Where is my tin foil hat?

 

David, gotcher ears on? TGO TinFoil Hat, perfect swag for the store!

 

- OS

  • Like 2
Posted (edited)

according to a local LEO who is a customer the county law doesn't write traffic tickets.  Sheriff needs votes.  Unless you are doing something really bad they don't see you.

Edited by Mike.357
Posted (edited)
It's my understanding, which may be wrong, but an officer does have a right to secure
the firearm during a stop. If all is checked and everything comes back clear. The officer give the firearm back.

I feel the officer could have handled the situation better.
Or at least been a bit more polite and made his actions more clear.

I personally, would be a bit annoyed by the stop.
But could easily care on my day with little more thought to it. So long as my firearm was returned.

And last time I road a bike, I do delivery a tucked and vertical plate
was not a proper display. So, I guess the officer had a legitimate reason for the stop? Edited by TnShooter83
Posted (edited)

It's my understanding, which may be wrong, but an officer does have a right to secure
the firearm during a stop. If all is checked and everything comes back clear.

 

It is clear under TCA 39-17-1351  that an officer has the right to disarm a permit holder of a handgun. And of course may take it from anyone without a permit in general public, as they are guilty of a 39-17-1307.

 

However, now that folks may have firearms in vehicle without a permit, if a LEO can disarm the occupants, I'm not sure where that authority comes from? (probably is there, under some other statute regarding police procedure I guess, but I don't know what it is).

 

However, whether he has that power or not, the authority to hold the person while running a check on the gun itself would seem to need some sort of probable cause.  This has been discussed here before, and can't remember anything but "grayness" being the conclusion?

 

- OS

Edited by Oh Shoot
  • Like 2
Posted
Legally the cop was within his right. I just disagree with how he went about it. Grabbing a gun from someone's holster is a big no-no and could have easily resulted in a negligent discharge and got one or both of them hurt or killed. If the man had turned suddenly to react to the cop grabbing at his gun it could have went bad quickly. If the cop believed the firearm was a danger due to the man being a criminal he should have got the guy off the bike and proceeded how you would a suspected robber, etc. If he didnt, and it seems from his attitude he didn't think the guy was a felon, then he should have politely asked for the firearm. I don't understand why anyone would disarm a citizen. It seems the safest thing would be for the gun to stay in its holster, safety on with nobody handling it. Then there is no chance it could discharge in any way. The other mistake was putting a firearm in his pocket with it in an unknown condition. Why not proceed back to the cruiser with the firearm and clear it there, or clear it while you stand there and then put it away? Lots of odd stuff there, and I would be curious as to what the police chiefs reaction would be.

Sent from the backwoods
  • Like 3
Posted

And again im frustrated with the ignorant idiots calling it a CCW it is NOT a CCW it is a HCP. a CCW is a CONCEALED carry license which is not what Tennessee has and confuses people that we much carry concealed like other states have to and can cause problems with uneducated people.

That's a peeve of mine as well, gotta look Syu the good side though, it's like the guys that talk about their "clips" you know they don't know what that are talking about as soon as their mouths open.
Posted (edited)

That's a peeve of mine as well, gotta look Syu the good side though, it's like the guys that talk about their "clips" you know they don't know what that are talking about as soon as their mouths open.

 

If they're not agin' you, they're for you. But how long will they be "for" you if you go around calling them "idiots" on nationwide internet gun forums because they slipped up and said CCW? I lived in a CCW state for 54 years and even after being given a Tennessee State Certified Handgun Instructor rating.....even after having taught the course, I slipped up once and said "CCW" instead of "HCP" just from force of habit. And just for the record I don't think that makes me an idiot and I really don't like being called one.

Edited by EssOne
  • Like 4
Posted

If they're not agin' you, they're for you. But how long will they be "for" you if you go around calling them "idiots" on nationwide internet gun forums because they slipped up and said CCW?

Yep. I hear lots of older guys who know a whole lot about guns use the word clips. It's pretty common slang. Just like a ccw. Most states issue a ccw, with open carry either being permitted by all or completely illegal. So the gentleman in question could have easily moved here from a state that uses a ccw. I try not to judge others intelligence on a matter by the slang they use. Sometimes they still know a whole hell of a lot on the subject they are speaking about.

Sent from the backwoods
  • Like 6
Posted

Yep. I hear lots of older guys who know a whole lot about guns use the word clips. It's pretty common slang. Just like a ccw. Most states issue a ccw, with open carry either being permitted by all or completely illegal. So the gentleman in question could have easily moved here from a state that uses a ccw. I try not to judge others intelligence on a matter by the slang they use. Sometimes they still know a whole hell of a lot on the subject they are speaking about.

Sent from the backwoods

 

Good on ya, Spots. Well said.

Posted

Gun gets snatched open carrying in an unsecured holster; what a surprise. biggrin.gif

Goes to show how easily someone could disarm him. He should have had a secure holster; especially riding a motorcycle.

  • Like 6
Posted (edited)

During the carry permit class I was in. (yes there are states that call it a CCW and the great state of TN calls it a HCP again what difference does it make.) (I usually say I have a permit to carry concealed.) The instructor when off about the clip magazine debate saying it is a clip!!...The class had veterans from most of our armed forces. During a break I was honored to be talking with the OLDER veterans that were in the class. By older I am saying in their late 60's or so which included a retired marine and a navy vet. They were laughing aobut how they always refereed to it as a clip and didn't understand what the big deal was these days. I amazed that we survived our military time using the word clip.

 

It was the slang to call a magazine a clip in the 70's 80's.

Edited by ou812
Posted

Concern could have been heightened by his taking nearly 30 seconds to stop with no traffic. Blue lights comment at 1:17 and came to a stop at 1:45. Never saw any traffic on the roads--even made two turns.

When the blue lights came on he was actually still in the weigels parking lot. It may look like a street, but it is more of a driveway that comes in from 2 different streets and is typically very busy. Good call not to stop there. But I don't think I would have turned into the reserve center across the street.
Posted (edited)

Biker should have shown us how his plate looked from a few yards away to give us perspective on the stop. That would have helped a bit.

 

I get that the police have the legal authority to disarm someone for officer safety with no reason needed, but nothing in that video justified it for me.  The bike rider wasn't combative, belligerent, or anything that would indicate danger.  Also, you can make out that the officer has his hand on his weapon from stepping out of the cruiser, so he already has the advantage on the draw.

 

It's my right to be armed.  I even had to meet a series of standards to prove to the state that I'm deserving of that right.  Seems the biker did so as well.  For a police officer to casually dismiss someone of that right "just because" gives me concern. 

Edited by btq96r
  • Like 1
Posted

It is clear under TCA 39-17-1351  that an officer has the right to disarm a permit holder of a handgun. And of course may take it from anyone without a permit in general public, as they are guilty of a 39-17-1307.

 

However, now that folks may have firearms in vehicle without a permit, if a LEO can disarm the occupants, I'm not sure where that authority comes from? (probably is there, under some other statute regarding police procedure I guess, but I don't know what it is).

 

However, whether he has that power or not, the authority to hold the person while running a check on the gun itself would seem to need some sort of probable cause.  This has been discussed here before, and can't remember anything but "grayness" being the conclusion?

 

- OS

 

Yeah, the "anyone can carry in their vehicle" makes this muddy. BUT the officer did see the gun being carried away from the bike as the guy exited the store. That's PC in my book as that's a violation of 39-17-1307. He didn't need to come up with the "obscured tags" reason. Now had he not seen the guy exiting the store and had only seen a rider carrying OC, that's not PC as no law is being broken since anyone can carry in/on a POV.

Posted

I got stopped 1 time in my many years of legal carry for a seat belt violation. It took the officer about 2 minutes to actually approach my vehicle. As he stepped up to my window he looked to see I had both hands at the top of the steering wheel. His first question to me is are you armed? My reply was yes. He then moved on to why he stopped me. I asked him if I could open my door and he stepped back and said ok. I then showed him that I did have my seat belt buckled and I then handed him the letter from my doctor that highly recommends that I don't wear the shoulder strap for health reasons. After reading a short part of the letter he handed it back to me. He said, Well, I can't ticket you because by law you are buckled up which is the law. He then told me that I can expect to possibly get stopped in the future for this same issue and I told him I kind of knew that and he just gave a slight grin and gave me my HCP and  license back and told me to have a nice rest of the day. That was about 4 years ago and I have not been stopped for it since. I was surprised that he didn't ask where my weapon was but I guess since it was not in my hands he was not to concerned. He learned by running my license plate that I have an HCP. I guess that was why his first question was as it was...............jmho

Posted

Biker should have shown us how his plate looked from a few yards away to give us perspective on the stop. That would have helped a bit.
 
I get that the police have the legal authority to disarm someone for officer safety with no reason needed, but nothing in that video justified it for me.  The bike rider wasn't combative, belligerent, or anything that would indicate danger.  Also, you can make out that the officer has his hand on his weapon from stepping out of the cruiser, so he already has the advantage on the draw.
 
It's my right to be armed.  I even had to meet a series of standards to prove to the state that I'm deserving of that right.  Seems the biker did so as well.  For a police officer to casually dismiss someone of that right "just because" gives me concern.

You follow your instincts. We can’t tell from that video what that Officer saw or why he did what he did. And the law doesn’t require him to explain it. Being concerned about it is certainly your right; staying alive is his right, and his duty to his family.

A Memphis Police Officer was just shot to death because he walked up on a convicted felon that was in possession of a minor amount of pot. You never know what people will do.

An Ohio (I think) Police Officer was shot to death while testing a DUI suspect that was armed and had a carry permit. When he tried to cuff the suspect a fight ensued and he was shot. The Carry Permit holder then stood over him and shot him two more times. Hindsight is 20/20. Maybe if that Officer had disarmed him the moment they made contact; he would be alive today. Maybe not; who knows.

Cops are shot all the time and many times it’s not a hardened criminal but someone that is emotionally upset, drunk, or on drugs.

Even though I am not required to do so; I will notify the Officer that I have a HCP and I am armed. Then there will be no surprises and he can let me know how we will proceed.
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