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by Keith B
Tue Jan 22, 2013 11:51 am
Forum: Never Again!!
Topic: Fla: Conceal Carry Holder Arrested for Incidental Exposure
Replies: 56
Views: 11934

Re: Fla: Conceal Carry Holder Arrested for Incidental Exposu

labrat1001001 wrote:Maybe I’m being a little obtuse, but I didn’t see a gun when the contact was leaning back into his vehicle, I only saw black leather. Isn’t there some legal difference here?
It was easily recognizable as a holster, even from the dash cam. The officer also had a different vantage point, so he may have even been able to see there was a handgun in the holster.
by Keith B
Mon Jan 21, 2013 10:55 am
Forum: Never Again!!
Topic: Fla: Conceal Carry Holder Arrested for Incidental Exposure
Replies: 56
Views: 11934

Re: Conceal Carry Holder Arrested for Incidental Exposure

chasfm11 wrote:
Keith B wrote: Appearance is one of the major factors that will definitely sway a LEO. It is basically all they have to go on when making a stop before they get to interact with the subject. While they may not be prejudice overall, first appearances are everything to everyone. We all judge someone we see when them approach us. That is what makes us go on alert or stay in condition yellow.

This very reason is why I state you should stay in your vehicle with the weapon concealed, and when they approach make sure you let them know you have a CHL and are armed. In Texas, you must do this when asked for ID by law, so it is smart to do it as soon as possible to let the officer you you are forthcoming and are not trying to hide anything.
In general, I agree with what you are saying but seek a couple of clarifications.

1. Judging only by appearance is profiling. While I understand, at some level, the need to do that, it can have the result of discrimination if it is allowed to go too far. Since it has the potential for abuse, it is an area where constant emphasis by departments should be placed. To me, there is a big difference between me using Situational Awareness to keep an eye on those who appear to be more of a threat to me than others and a LEO using profiling to take actions against citizens. One is passive, the other is aggressive. What say you?

2. When taking action, one's motives are sometimes displayed. The officer in this case, I believe, betrayed some of his underlying thought process and it wasn't for the better of himself or his fellow officers. If he had methodically just taken control of the situation, even to the point of putting the man on the ground and handcuffing him, I would have been a lot more OK with it. The threats to shoot an otherwise compliant citizen and his foray into abusive language are as much about "appearance" as anything that the citizen did.
We all judge on appearance, voice, posture, etc of others when talking to them. The key is to not overreact as this officer did, but to put the individual things into your total evaluation process and use them as appropriate.

Profiling is a way overused term and I don't like it. Profiling, as referenced by most, in itself is wrong in the meaning it is the only thing that is used to assume guilt of an individual, i.e. he looks to be of middle-eastern descent so he must be a terrorist trying to get on the plane. This is wrong. The Israeli's use an evaluation and questioning process at their airports that take all factors into consideration when their passengers are interviewed before a flight. It works extremely well and they have had no issues in many years.

A LEO must also use these types of evaluations when they confront a subject. If they only rely on one aspect, then they are likely to overreact (as this one did), or they will miss other key factors and end up in trouble.
by Keith B
Mon Jan 21, 2013 9:21 am
Forum: Never Again!!
Topic: Fla: Conceal Carry Holder Arrested for Incidental Exposure
Replies: 56
Views: 11934

Re: Conceal Carry Holder Arrested for Incidental Expsure

RottenApple wrote:
Gameover wrote:Watched this the other day. I think if he would of just said he had a gun on him and had a permit to carry the stop would have went differently. I understand that he is not required to tell him anything but I think its better he finds out from you rather then spotting it himself. Just my .02
I disagree. Under FL law he is not required to notify unless asked and, judging by this cops completely unprofessional attitude and behavior, it most likely would have gone even worse. Officers like this give the rest a bad name.
Wrong, under FL law you DO have to display your license when asked for ID. He did not do this.
790.06 …. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
by Keith B
Mon Jan 21, 2013 9:10 am
Forum: Never Again!!
Topic: Fla: Conceal Carry Holder Arrested for Incidental Exposure
Replies: 56
Views: 11934

Re: Conceal Carry Holder Arrested for Incidental Exposure

JALLEN wrote:
Keith B wrote:
BTW, I am a former LEO and this is how I would want it handled. I believe most LEO's would prefer this method.
This is very sound, reasonable and rational. The trouble is, it is not universal, and you never know when you are going to be confronted by irrationality. If we could count on cops "doing the right thing" it would be easy.

I think one of this fellow's problems was his appearance. I imagine, because I cannot know, that approaching a driver who is younger, ill-groomed, haphazardly dressed, etc is a much different proposition than someone like me, old, pudgy, dignified, jovial, etc.

My youngest son used to sport dreadlocks, when he was young and foolish, one of the few whites I've ever seen with that peculiar hairdo, and drove a typical impoverished young person's car. He got pulled over and searched for drugs about every third time he ventured out. I'm sure he had far more stops in 5 years than I've had in 50. Busted tail lights, expired tags, a car meeting that description reported stolen, just about every excuse to light him up imaginable.
Appearance is one of the major factors that will definitely sway a LEO. It is basically all they have to go on when making a stop before they get to interact with the subject. While they may not be prejudice overall, first appearances are everything to everyone. We all judge someone we see when them approach us. That is what makes us go on alert or stay in condition yellow.

This very reason is why I state you should stay in your vehicle with the weapon concealed, and when they approach make sure you let them know you have a CHL and are armed. In Texas, you must do this when asked for ID by law, so it is smart to do it as soon as possible to let the officer you you are forthcoming and are not trying to hide anything.
by Keith B
Sun Jan 20, 2013 11:26 am
Forum: Never Again!!
Topic: Fla: Conceal Carry Holder Arrested for Incidental Exposure
Replies: 56
Views: 11934

Re: Conceal Carry Holder Arrested for Incidental Exposure

S_3 wrote:Interesting video. This is a perfect example of why you should avoid letting cops know you have a gun. Don't let him see it. Don't let him smell it. Don't let him hear you tell him about the gun or a license or anything that might trigger him. What he doesn't know can't hurt you.
First off, I feel this is very poor advice. The officer spotted the gun and didn't know about it ahead of time. While in this case I believe the officer went way overboard, I believe you should inform the officer that you are carrying so they know before you get out of the vehicle with your hand in plain view. All you have to do is state 'Officer, for your information I have a license to carry a concealed weapon and am armed. How do you want me to proceed?' This information up front will save you some potential headaches later. Being forthcoming about the weapon will be a lot better than the officer perceiving you are trying to cover something up like your user name implies is the way to handle things.

BTW, I am a former LEO and this is how I would want it handled. I believe most LEO's would prefer this method.

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