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Another for the 'What happens when you get pulled over' file

Posted: Sun Sep 09, 2007 8:09 pm
by Big Calhoun
It finally happened, first traffic stop/LEO contact since I moved to Texas and since having my CHL. This occured earlier today on I-45 in Montgomery county....81 in a 60...ooops...blame it on the new car. :oops:

So I see Christmas lights but wasn't sure if they were for me, but I had started to pull to the right lane. The DPS Trooper stayed with me so I pulled into the shoulder, lowered my two front windows, and kept my hands on the steering wheel.

The Trooper was talking on a cellphone as he approached the car and stopped at the rear of the car and asked for me (the driver) to exit the vehicle. I unbuckled and met him at the rear passenger side where he asked for my license. I kept my left arm free and noticed he was looking at my left side as I retrieved my wallet and handed over my license and CHL. He asked me if I had my gun on me which I answered in the affirmative. At this time, he asked me where it was and I said left shoulder as I lifted my lift arm up clear away from the firearm. He disarmed me and asked if I had anything else to which I replied just ammo on my right side. He said I could keep that, advised I was clocked doing 81 in a 60, and to hold tight.

So I hung out while he cleared my weapon in his car and ran my info. All I could really hear was my name and the word 'current'...everything else was gobbledy-gook from my vantage point. So He comes back with his clipboard and tells me off the bat that I'm getting a citation to which I reply, "That's cool" -- he had me, I knew it, there was no fighting it and no excuses.

It was a pleasent exchange as he was writing the ticket. He asked me how I liked the Kimber and I replied that I thought it was a nice weapon and felt nice to handle. Later he asked me how often I shot it to which I told him with the traffic in my area and my work schedule, I maybe get out once a month, at least once every other month. He remarked that Kimber makes a fine gun and asked me to sign the citation.

At the conclusion, he told me some administrative stuff after I told him this was my first ticket and didn't know the ins and outs as far as just paying it or if I had to show up for court. He then advised he was going to retrieve my weapon. He did so and as he was heading back, he said he'd place it in the back seat to which I replied my wife and baby were back there. No problem, he placed the chambered round and magazine on the passenger front seat and stuck the weapon with the slide open underneath the diaper bag that was on the floor of the passenger side and said I could reload and reholster at a rest area down the road. Cool. We shook hands, I apologized for speeding, at that was it. Maybe 10 minutes of a contact, if that...it went fast.

I was a little bummed about getting a ticket but like I said, he had me and I wasn't going to try to offer excuses. Very pleasent, professional, and personally, I couldn't ask for a more friendly contact. Kudos to Texas DPS...much different experience than getting stopped in New Jersey where I used to live. So now I have to call the court and get the info about taking a defensive driving course and put this little faux pas behind me. Dang VW Passat and its turbo engine. :oops:

Posted: Sun Sep 09, 2007 8:54 pm
by Crossfire
Sounds like you behaved perfectly. No apparent reason to disarm you, though, from your report.

But, on the upside, make sure you keep your certificate from defensive driving. Call your auto insurance company, and they should give you a discount for that.

Posted: Sun Sep 09, 2007 9:08 pm
by flintknapper
llwatson wrote:Sounds like you behaved perfectly. No apparent reason to disarm you, though, from your report.
But, on the upside, make sure you keep your certificate from defensive driving. Call your auto insurance company, and they should give you a discount for that.
Yup,

All good... except for this.

Posted: Sun Sep 09, 2007 9:11 pm
by Kalrog
flintknapper wrote:
llwatson wrote:Sounds like you behaved perfectly. No apparent reason to disarm you, though, from your report.
But, on the upside, make sure you keep your certificate from defensive driving. Call your auto insurance company, and they should give you a discount for that.
Yup,

All good... except for this.
+1

Posted: Sun Sep 09, 2007 9:53 pm
by KBCraig
I won't pile on, except to say it's nice that the trooper was polite and conversational while exceeding his legal authority to disarm you.

Posted: Sun Sep 09, 2007 9:58 pm
by BrassMonkey
Welcome to Texas...

quote="KBCraig"]I won't pile on, except to say it's nice that the trooper was polite and conversational while exceeding his legal authority to disarm you.[/quote]

Posted: Sun Sep 09, 2007 10:14 pm
by sailormanCGA72
I'm not sure he has the authority to disarm you or not, but I can certainly understand his action. He can never know when the seemingly polite, friendly person he just stopped will pull a gun and shoot him in the back when he goes back to his car to check the license. If he asks me for my weapon, I'll certainly comply.

Posted: Sun Sep 09, 2007 10:22 pm
by BrassMonkey
We would all certainly comply. But then there are the people who think the CHL progiram in and of itself is against a conctitutional rights and all that line of thinking. These are the ones who really remember the word "reasonably" from various statutes. My not being an attorney or anything, just some poor schmo out here in the big scary world, does not take those instances of the word "reasonably" to be designed to be restrictive. Just my .02

sailormanCGA72 wrote:I'm not sure he has the authority to disarm you or not, but I can certainly understand his action. He can never know when the seemingly polite, friendly person he just stopped will pull a gun and shoot him in the back when he goes back to his car to check the license. If he asks me for my weapon, I'll certainly comply.

Posted: Mon Sep 10, 2007 12:07 am
by OnTexasTime
FROM THE DPS SITE:

Texas Department of Public Safety troopers will ask you:

Whether you are licensed to carry a concealed handgun
Whether you have the gun with you
Where the gun is located
A trooper may disarm a licensee anytime he or she feels that safety is at risk. The trooper will return the gun at the end of the traffic stop when the threat to safety has passed.

I have never been asked to get out of the car or to hand over my gun. It seems like troopers are more likely to ask the driver to leave the car when there are other persons in the car than when its just the driver.

Re: Another for the 'What happens when you get pulled over'

Posted: Mon Sep 10, 2007 1:26 am
by bwahahaha
Big Calhoun wrote:
I was a little bummed about getting a ticket but like I said, he had me and I wasn't going to try to offer excuses. Very pleasent, professional, and personally, I couldn't ask for a more friendly contact. Kudos to Texas DPS...
I may be in the minority here but I consider this a bad contact.

Why?

He disarmed you -- why?

He didn't trust you enough at the end of the stop to just give the gun back. C'mon -- back of the seat?

His small talk about the make/model of your gun was ridiculous given the fact that he'd taken your gun.

His small talk was made in order to attain cooperation, not because he's a nice guy.

He instructed you to rearm at the next rest stop -- not ATS.

He cited you for a victimless "crime." You harmed no one through your actions. You (allegedly) exceeded an arbitrary speed limit and were treated as a criminal for it.

Bottom Line: HE MADE IT CLEAR THAT HE DID NOT TRUST YOU, EVEN AFTER YOUR CHL STATUS WAS VERIFIED.

It's not as if you initiated the contact.

The Highway Patrol is largely a do-nothing agency (I don't count drug interdiction ops and traffic patrol as useful).

All in all, what a disappointing interaction with this guy.

Posted: Mon Sep 10, 2007 8:14 am
by flintknapper
OnTexasTime wrote:FROM THE DPS SITE:

Texas Department of Public Safety troopers will ask you:

Whether you are licensed to carry a concealed handgun
Whether you have the gun with you
Where the gun is located
A trooper may disarm a licensee anytime he or she feels that safety is at risk. The trooper will return the gun at the end of the traffic stop when the threat to safety has passed.

I have never been asked to get out of the car or to hand over my gun. It seems like troopers are more likely to ask the driver to leave the car when there are other persons in the car than when its just the driver.

"Reasonably" believes!

This remains somewhat open-ended, and I fear that more and more it is simply becoming "policy" with some officers/departments.

**********************

§ 411.207[0]. AUTHORITY OF PEACE OFFICER TO DISARM. A peace
officer who is acting in the lawful discharge of the officer's
official duties may disarm a license holder at any time the officer
reasonably believes it is necessary for the protection of the
license holder, officer, or another individual.
The peace officer
shall return the handgun to the license holder before discharging
the license holder from the scene if the officer determines that the
license holder is not a threat to the officer, license holder, or
another individual and if the license holder has not violated any
provision of this subchapter or committed any other violation that
results in the arrest of the license holder.

********************



In the 11-12 years I've been carrying I've been stopped twice, both stops were excellent in every respect.

Re: Another for the 'What happens when you get pulled over'

Posted: Mon Sep 10, 2007 8:23 am
by flintknapper
bwahahaha wrote:
Big Calhoun wrote:
I was a little bummed about getting a ticket but like I said, he had me and I wasn't going to try to offer excuses. Very pleasent, professional, and personally, I couldn't ask for a more friendly contact. Kudos to Texas DPS...
I may be in the minority here but I consider this a bad contact.

Why?

He disarmed you -- why?

He didn't trust you enough at the end of the stop to just give the gun back. C'mon -- back of the seat?

His small talk about the make/model of your gun was ridiculous given the fact that he'd taken your gun.

His small talk was made in order to attain cooperation, not because he's a nice guy.

He instructed you to rearm at the next rest stop -- not ATS.

He cited you for a victimless "crime." You harmed no one through your actions. You (allegedly) exceeded an arbitrary speed limit and were treated as a criminal for it.

Bottom Line: HE MADE IT CLEAR THAT HE DID NOT TRUST YOU, EVEN AFTER YOUR CHL STATUS WAS VERIFIED.

It's not as if you initiated the contact.

The Highway Patrol is largely a do-nothing agency (I don't count drug interdiction ops and traffic patrol as useful).

All in all, what a disappointing interaction with this guy.

MY........thats a bit unfair don't you think?

Posted: Mon Sep 10, 2007 8:53 am
by Big Calhoun
The whole disarming thing caught me by surprise also, but I kind of felt like, who am I to question him. It was the first time I've been stopped since living in Texas and I am black so I just wanted everything to go smoothly. At the end of it, I thought he treated me with respect and was ultimately just doing his job and doing his best to keep him and I safe. No complaints here.

Posted: Mon Sep 10, 2007 8:56 am
by seamusTX
Big Calhoun wrote:The whole disarming thing caught me by surprise also, but I kind of felt like, who am I to question him.
You're right. You can't win any argument with the police on the street.
Big Calhoun wrote:... I am black ...
Hmm.

- Jim

Posted: Mon Sep 10, 2007 8:57 am
by flintknapper
Big Calhoun wrote:The whole disarming thing caught me by surprise also, but I kind of felt like, who am I to question him. It was the first time I've been stopped since living in Texas and I am black so I just wanted everything to go smoothly. At the end of it, I thought he treated me with respect and was ultimately just doing his job and doing his best to keep him and I safe. No complaints here.


Makes sense to me.

Sounds like a pretty good stop all in all.

We are happy to have you as resident of Texas and here on the forum as well.

Thanks, for sharing your encounter.


Flint.