LEO Encounter Today - Was This Right?

LEO Encounter Today - Was This Right?

This is a discussion on LEO Encounter Today - Was This Right? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Well, I had my third LEO encounter while CCW today. Tell me how it went... I'll do my best to be brief. I own/operate a ...

Page 1 of 5 12345 LastLast
Results 1 to 15 of 69

Thread: LEO Encounter Today - Was This Right?

  1. #1
    Member Array Martial Archer's Avatar
    Join Date
    Jan 2007
    Location
    South Carolina
    Posts
    455

    LEO Encounter Today - Was This Right?

    Well, I had my third LEO encounter while CCW today. Tell me how it went... I'll do my best to be brief.

    I own/operate a landscaping company. Today @ 7:30 AM, the crew and I began the normal mowing routine at a large shopping mall. I have had this particular contract for 12 years and was an employee of this mall prior to that.

    Unbeknownst to any of us, almost as soon as we started, one of my employees hit a rock with a piece of equipment and of course the rock broke a window. Thankfully (I guess), only the outer pane of the thermal window was broken.

    The breaking glass set off the stores security alarm (silent). A deputy sheriff is dispatched, arrives on scene and makes contact with one of my workers. The deputy informs the employee that we had broken the window and askes if he is the crew supervisor. The employee responds no and summons me.

    I arrive on scene and...

    Deputy: "One of ya'll broke this window."

    Me: "Well, it does happen from time to time, but usually a LEO doesn't show up. It must have tripped a glass break sensor."

    Deputy: "Yes, we got a call of an active alarm. That's why I am here."

    Me: "The mall office opens at 8 (it was 7:51 AM). When it's open, I'll call the manager and report it. In the past when this has happened, they (the mall) calls their glass company for the fix and I get the bill." (I also gave the officer a synopsis of my history at this mall)

    Deputy: "Well, since I am here, I have to file a report."

    Me: "Yes Sir, I understand."

    Deputy: "Can I see some ID?"

    (we have the duty to inform)

    Me: "Yes Sir. I need to inform you that I have a CWP and..."

    Deputy: "You have a gun!?"

    Me: "Yes Sir"

    Deputy: "Where is it?"

    Me: "Right front pocket"

    Deputy (seeming somewhat suprised): "What kind of gun?"

    Me: "S&W 642, a 5 shot revolver."

    At that and without another word, the deputy walked behind me stuck his hand in my pocket and removed my revolver. He walked back in front of me while unloading the gun and told me to get out the ID. I did, he got my info and handed back the 642 instructing me to put gun and ammo in different pockets. I did, he got his info, etc. etc.

    So, did this go well? True no one got hurt, everyone went home, yadda, yadda, yadda.

    Was it necessary to disarm me? Should the deputy have reached into my pocket without telling me what he was doing? As no crime had been committed, did he have the right to do that? Did it constitute a search and if so, what was the reasonable suspicion/probable cause etc.?
    Last edited by Martial Archer; May 4th, 2010 at 08:04 AM. Reason: spelling
    NRA Endowment Member
    GOA Life Member


  2. #2
    VIP Member Array paaiyan's Avatar
    Join Date
    Feb 2010
    Location
    Oklahoma
    Posts
    2,126
    Geez... Definitely a stupid move to just reach in and grab it. IANAL and don't know your state's laws regarding an officer's right to disarm you, but I'd be pretty ticked at the way he handled that.
    My blog

    WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.

  3. #3
    Senior Member Array scgunlover1's Avatar
    Join Date
    May 2009
    Location
    In the Lowcountry of SC
    Posts
    750
    MA,
    The officer probably should have told you that he was going to go into your pocket and remove the gun. On the other hand, correct me if I'm wrong, you should have notified him since he was there talking to you on official business which was the broken glass / alarm. In other words, it could have been handled differently on both sides of the fence.
    SCGunLover1

  4. #4
    Member Array Martial Archer's Avatar
    Join Date
    Jan 2007
    Location
    South Carolina
    Posts
    455
    Quote Originally Posted by scgunlover1 View Post
    MA,
    The officer probably should have told you that he was going to go into your pocket and remove the gun. On the other hand, correct me if I'm wrong, you should have notified him since he was there talking to you on official business which was the broken glass / alarm. In other words, it could have been handled differently on both sides of the fence.
    Please re-read my OP. As soon as he uttered "Can I see some ID?", he was notified!
    NRA Endowment Member
    GOA Life Member

  5. #5
    Distinguished Member Array Tally XD's Avatar
    Join Date
    Feb 2008
    Location
    Tallahassee, FL
    Posts
    1,830
    I believe he absolutely over reacted. No need to have disarmed you at all. You presented no threat, you informed as per the law and you were never in an agitated state.

    I call a "Barney Fife".
    I am consistently on record and will continue to be on record as opposing concealed carry.
    - Barack Obama Chicago Tribune, April 27, 2004

  6. #6
    VIP Member Array SIGguy229's Avatar
    Join Date
    Mar 2006
    Location
    Kommie-fornia-stan
    Posts
    7,101
    Quote Originally Posted by Tally XD View Post
    I believe he absolutely over reacted. No need to have disarmed you at all. You presented no threat, you informed as per the law and you were never in an agitated state.

    I call a "Barney Fife".
    yep
    Magazine <> clip - know the difference

    martyr is a fancy name for crappy fighter
    You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know

  7. #7
    Member Array rcain007's Avatar
    Join Date
    Mar 2010
    Location
    Humble, TX
    Posts
    192
    I know in Texas an officer has the right to disarm a CHL holder for his own safety but I don't know of anyone personally that it has happened to. However, in the event that it does, I doubt the officer will let you reach for the gun yourself.

  8. #8
    VIP Member
    Array WHEC724's Avatar
    Join Date
    Aug 2009
    Location
    SC
    Posts
    6,769
    Putting his hand in your pocket was just dumb on his part. 'Good thing you weren't a druggie with a needle in there.
    __________________________________
    'Clinging to my guns and religion

  9. #9
    VIP Member Array hogdaddy's Avatar
    Join Date
    Mar 2008
    Location
    N/E Florida
    Posts
    3,328
    Fife IT IS!!!!!!!
    H/D
    A Native Floridian = RARE


    IT'S OUR RIGHTS>THEY WANT TO WRONG
    H/D

  10. #10
    Member Array Samwolf's Avatar
    Join Date
    Oct 2009
    Location
    South Carolina, First to Secede
    Posts
    208
    +1 on the Barney Fife. You followed SC Law.
    Samwolf

    "One of the ordinary modes, by which tyrants accomplish their purposes without resistance, is, by disarming the people, and making it an offense to keep arms."

    -- Supreme Court Justice Joseph Story, 1840

  11. #11
    New Member Array sjj1919's Avatar
    Join Date
    Jan 2010
    Location
    South Carolina
    Posts
    5

    Was this right?

    The LEO can disarm you but cannot confiscate except under certain conditions:

    SC Laws, SECTION 23-31-520. Power to regulate public use of firearms; confiscation of firearms or ammunition.

    This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.

    Since he returned your firearm, he was probably within his rights and no harm done. However, putting his hand in your pocket, retrieving the firearm, and unloading it is really over the top. If that weapon had discharged and you, him, or a bystander were injured/killed.....wow!

  12. #12
    Member Array Martial Archer's Avatar
    Join Date
    Jan 2007
    Location
    South Carolina
    Posts
    455
    Quote Originally Posted by rcain007 View Post
    I know in Texas an officer has the right to disarm a CHL holder for his own safety but I don't know of anyone personally that it has happened to. However, in the event that it does, I doubt the officer will let you reach for the gun yourself.
    Ironically, my first encounter while CCW was at a random vehicle checkpoint and the officer asked me to hand him my gun.

    Quote Originally Posted by WHEC724 View Post
    Putting his hand in your pocket was just dumb on his part. 'Good thing you weren't a druggie with a needle in there.
    Yes, I believe tactically the fellow was in a bad spot with his left hand clutching his report pad & his right hand deep in my pocket.
    NRA Endowment Member
    GOA Life Member

  13. #13
    Member Array rcain007's Avatar
    Join Date
    Mar 2010
    Location
    Humble, TX
    Posts
    192
    Quote Originally Posted by Martial Archer View Post
    Ironically, my first encounter while CCW was at a random vehicle checkpoint and the officer asked me to hand him my gun.
    Wow, I stand corrected.

  14. #14
    Ex Member Array Treo's Avatar
    Join Date
    Nov 2008
    Location
    Colorado
    Posts
    1,098
    Acording to Landric what the Officer did was legal. I don't agree W/it but I believe Landric is correct.

    That said I don't think it was the smartest thing that cop did today and I don't care for the idea of him taking the liberty of just sticking his hand in your pocket W/out some type of explanation.

    Someone will be along shortly to tell you what kind of anti cop (Insert generic no-no word of choice) I am for thinking that.

  15. #15
    VIP Member Array BugDude's Avatar
    Join Date
    Nov 2009
    Location
    Under a Volkswagen somewhere in Florida
    Posts
    9,452
    It may be legal for him to disarm, but definitely uncool in how he did it.
    Know Guns, Know Safety, Know Peace.
    No Guns, No Safety, No Peace.

Page 1 of 5 12345 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Today's encounter with LEO
    By russellb in forum Concealed Carry Issues & Discussions
    Replies: 10
    Last Post: June 5th, 2010, 05:30 PM
  2. Interesting LEO Encounter at the Gun Show Today
    By CenterOfMass in forum Concealed Carry Issues & Discussions
    Replies: 10
    Last Post: May 17th, 2010, 10:02 AM
  3. LEO Encounter today,not so good
    By 1911luver in forum Concealed Carry Issues & Discussions
    Replies: 219
    Last Post: August 3rd, 2009, 09:25 AM
  4. Stepfathers CCW encounter today...
    By 45XDCCW in forum Concealed Carry Issues & Discussions
    Replies: 32
    Last Post: July 20th, 2009, 01:15 PM
  5. Interesting LEO encounter today
    By Daddy Warcrimes in forum Concealed Carry Issues & Discussions
    Replies: 20
    Last Post: July 1st, 2007, 08:40 PM

Search tags for this page

concealed carry encounters

,

cop encounter female

,

wasthisright.com

Click on a term to search for related topics.