My story.....Rhode Island traffic stop.....1 am

I think the 1st mistake is to move the gun from your self to under the seat.

Second mistake is agreeing to get out of the car (am I being arrested?)

Third mistake is consenting to the search (if they're gonna search anyway, let them do it illegally without consent)
------------

All in all your honesty did you a favor and you were lucky but that's not usually the case.
 
Do you have to get out of the car legally if they are telling you to get out of the car?

that's how i felt, i didn't want to start refusing what i was being told to do. i was nervous beyond belief, you don't think clearly when you think your about to go to jail. Cop 1 was very uneasy which made me feel uneasy. i hadn't had a drop of alchohol AT ALL and he had me questioning whether i was drunk or not. like "wait a minute, am i drunk??"
 
You are lucky it was the state police and not the EP cops. I live in EP, and knowing those commando state police wannabes, you would have definitely been going to jail.
 
Do you have to get out of the car legally if they are telling you to get out of the car?

I will not get out of the car unless I'm being arrested (theoretically anyway, hasn't happened to me and hope it doesn't). If I'm not being arrested, they can ask me all the questions they want while I'm in my car. They can ask, I'll probably not answer though.
 
Glad you came out OK, but rule 1: if your breaking one law that you know of (carrying a gun in a state your not licensed in) dont break other laws that draw attention. ie speeding. Real glad you came out good tho.
 
Thats really interesting if true, can you post a link please? RI does not officially recognize MA LTC's right?

You would have no protection under FOPA?
Here's the pertinent RI statute, important part bolded. Stopping at the girlfriend's house does not meet the standard of this law.

§ 11-47-8 License or permit required for carrying pistol – Possession of machine gun. –
(a) No person shall, without a license or permit, issued as provided in §§ 11-47-11, 11-47-12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, except in his or her dwelling house or place of business or on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of the above section shall not apply to any person who is the holder of a valid license or permit issued by the licensing authority of another state, or territory of the United States, or political subdivision thereof, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, provided the person is merely transporting the firearm through the state in a vehicle or other conveyance without any intent on the part of said person to detain him or herself or remain within the state of Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this chapter. Every person violating the provision of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years or by a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this section shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.
 
shoulda woulda coulda.....apparantly if i had just left it in my coat pocket on my person i would have been within the law, gonna look into this more.

but seriously, a cop tells you step out of your vehicle.....your gonna say no?? or even worse, not say anything, just ignore him like your deaf?? that's borderline insulting his intelligence. the few cops i know personally ALWAYS say honesty is the best policy, and NO ATTITUDE. compliance and respect is all they want. we all know cops are gonna do whatever the f**k they want anyway, throw in smart ass remarks thinking your a lawyer and that's it, any chance you HAD goes out the window. all he had to do was say i looked under the influence, he's got probable cause to do whatever he wants, end of story. some of these "i would've" suggestions just don't seem realistic to me. last thing i wanted to do was piss off an RI state trooper.

i've encountered police a few times in my day.....in my experience:

attitiude and resistance = pissed off cops

honesty & cooperation = happy cops
 
Thats really interesting if true, can you post a link please? RI does not officially recognize MA LTC's right?

You would have no protection under FOPA?

http://webserver.rilin.state.ri.us/Statutes/title11/11-47/11-47-8.HTM

TITLE 11
Criminal Offenses

CHAPTER 11-47
Weapons

SECTION 11-47-8


§ 11-47-8 License or permit required for carrying pistol – Possession of machine gun. – (a) No person shall, without a license or permit issued as provided in §§ 11-47-11, 11-47-12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, except in his or her dwelling house or place of business or on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. The provisions of these sections shall not apply to any person who is the holder of a valid license or permit issued by the licensing authority of another state, or territory of the United States, or political subdivision of the state or territory, allowing him or her to carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, provided the person is merely transporting the firearm through the state in a vehicle or other conveyance without any intent on the part of the person to detain him or herself or remain within the state of Rhode Island. No person shall manufacture, sell, purchase, or possess a machine gun except as otherwise provided in this chapter. Every person violating the provision of this section shall, upon conviction, be punished by imprisonment for not less than one nor more than ten (10) years, or by a fine up to ten thousand dollars ($10,000), or both, and except for a first conviction under this section shall not be afforded the provisions of suspension or deferment of sentence, nor a probation.

(b) No person shall have in his or her possession or under his or her control any sawed-off shotgun or sawed-off rifle as defined in § 11-47-2. Any person convicted of violating this subsection shall be punished by imprisonment for up to ten (10) years, or by a fine of up to five thousand dollars ($5,000), or both.

(c) No person shall have in his or her possession or under his or her control any firearm while the person delivers, possesses with intent to deliver, or manufactures a controlled substance. Any person convicted of violating this subsection shall be punished by imprisonment for not less than two (2) years nor more than twenty (20) years, and the sentence shall be consecutive to any sentence the person may receive for the delivery, possession with intent to deliver, or the manufacture of the controlled substance. It shall not be a defense to a violation of this subsection that a person has a license or permit to carry or possess a firearm.

History of Section.
(P.L. 1927, ch. 1052, § 4; G.L. 1938, ch. 404, § 4; G.L. 1956, § 11-47-5; G.L., § 11-47-8; P.L. 1959, ch. 75, § 1; P.L. 1968, ch. 183, § 3; P.L. 1974, ch. 184, § 1; P.L. 1975, ch. 278, § 1; P.L. 1988, ch. 389, § 1; P.L. 1991, ch. 227, § 1; P.L. 1992, ch. 422, § 1; P.L. 1992, ch. 460, § 1; P.L. 2000, ch. 109, § 11.)
 
although i feel they searched my car unlawfully, i'm glad i went home to my bed.

They didn't search your car unlawfully. They asked for permission and you GAVE them permission. DON'T EVER CONSENT TO A SEARCH!

Why in the world did you consent to a search when you KNEW that you were illegally carrying a gun in RI?

apparantly if i had just left it in my coat pocket on my person i would have been within the law, gonna look into this more.

No, you would not have been within RI law.
 
Do you have to get out of the car legally if they are telling you to get out of the car?
Relevant case law:http://www.law.cornell.edu/supct/html/95-1268.ZO.html

CliffsNotes:
"once a motor vehicle has been lawfully detained for a traffic violation, the police officers may order the driver to get out of the vehicle without violating the Fourth Amendment's proscription of unreasonable seizures."
While there is not the same basis for ordering the passengers out of the car as there is for ordering the driver out, the additional intrusion on the passenger is minimal. We therefore hold that an officer making a traffic stop may order passengers to get out of the car pending completion of the stop.
 
shoulda woulda coulda.....apparantly if i had just left it in my coat pocket on my person i would have been within the law, gonna look into this more.

but seriously, a cop tells you step out of your vehicle.....your gonna say no?? or even worse, not say anything, just ignore him like your deaf?? that's borderline insulting his intelligence. the few cops i know personally ALWAYS say honesty is the best policy, and NO ATTITUDE. compliance and respect is all they want. we all know cops are gonna do whatever the f**k they want anyway, throw in smart ass remarks thinking your a lawyer and that's it, any chance you HAD goes out the window. all he had to do was say i looked under the influence, he's got probable cause to do whatever he wants, end of story. some of these "i would've" suggestions just don't seem realistic to me. last thing i wanted to do was piss off an RI state trooper.

i've encountered police a few times in my day.....in my experience:

attitiude and resistance = pissed off cops

honesty & cooperation = happy cops

Not bending over and taking it to keep the cop happy doesn't mean being disrespectful or insulting: You can very respectfully ask if you are being arrested or detained, and if you are not, you are much more comfortable in your car.
 
I have never had a cop ask me about drugs. Do you happen to look like someone who may use them? Just wondering... I'm against the fake war on drugs anyway.

You got very lucky. If you were a RI resident in MA, you'd be posting from jail now.
 
They didn't search your car unlawfully. They asked for permission and you GAVE them permission. DON'T EVER CONSENT TO A SEARCH!

Why in the world did you consent to a search when you KNEW that you were illegally carrying a gun in RI?



No, you would not have been within RI law.


i meant i don't think they had a right to search my car without my consent, but at the time just felt i shouldn't say no cuz then it looks like i have something to hide. again, nervous as hell, not thinking clearly. the truth set me free here, and i don't regret consenting. just saying prior to that, i don't think they had any reason to search
 
I have never had a cop ask me about drugs. Do you happen to look like someone who may use them? Just wondering... I'm against the fake war on drugs anyway.

You got very lucky. If you were a RI resident in MA, you'd be posting from jail now.

My car is a black Acura TL, tinted, with 19" wheels, i was out of state @ 1 am.....they probably thought i was a dealer picking up/dropping off something in RI. my record is completely clean.

and WTF does someone who may use them look like, what does that mean? yeah i look like a cracked out junkie, lol. that's a pretty vague and stereotypical question.
 
i meant i don't think they had a right to search my car without my consent, but at the time just felt i shouldn't say no cuz then it looks like i have something to hide. again, nervous as hell, not thinking clearly. the truth set me free here, and i don't regret consenting. just saying prior to that, i don't think they had any reason to search
You got lucky, don't assume it would go the same way next time.
 
but at the time just felt i shouldn't say no cuz then it looks like i have something to hide.
This police are well aware of this, and use this fear to coerce consent when involuntary searches would be unlawful.

You also REALLY need to know the details the laws in any state you carry. For example, if you realized that the RI "non-resident permit acceptance" was limited to trips in which you did not intend to detain or delay yourself (the wording in the RI statutes), you probably would not have volunteered that you did exactly that. Plus, you would have realized that "on your person" was fine (police are trained to look for the shoulder dip once they have lighted up a car as ditching on one's person contraband is fairly common).
 
I will not get out of the car unless I'm being arrested (theoretically anyway, hasn't happened to me and hope it doesn't). If I'm not being arrested, they can ask me all the questions they want while I'm in my car. They can ask, I'll probably not answer though.

I don't talk to the police. I've been the victim of warrantless searches and I've had a few cops give me the same "You look nervous" BS. All that is, is them trying to establish probable cause for the video cameras so that they can do what they want with you and your rights.

And, I won't get out of the car if I don't legally have to either. But, I want to make sure that I have the legal right not to before I do that. Just like I made sure I have the legal right not to talk before I refuse to talk.
 
I don't talk to the police. I've been the victim of warrantless searches and I've had a few cops give me the same "You look nervous" BS. All that is, is them trying to establish probable cause for the video cameras so that they can do what they want with you and your rights.

And, I won't get out of the car if I don't legally have to either. But, I want to make sure that I have the legal right not to before I do that. Just like I made sure I have the legal right not to talk before I refuse to talk.

I posted the info you're looking for. See post #48.
 
just for shits and giggles, here's the gun:

92EF2AA0-F8E5-4DC6-A9E8-6865BC7EBCBA-223-00000019478DF7E1.jpg
 
Last edited:
My car is a black Acura TL, tinted, with 19" wheels, i was out of state @ 1 am.....they probably thought i was a dealer picking up/dropping off something in RI. my record is completely clean.

and WTF does someone who may use them look like, what does that mean? yeah i look like a cracked out junkie, lol. that's a pretty vague and stereotypical question.

Just wondering that is all. I find it curious what makes cops ask one thing versus the other. I got quizzed repeatedly at a border crossing about "photos"... Guess I look like a male porn star or something.
 
This police are well aware of this, and use this fear to coerce consent when involuntary searches would be unlawful.

Right. I think the correct response is to polite decline to give your consent. If you feel the need to explain yourself say you're declining on principle.
 
i just think my car, out of state plates, and the time of night gave them the wrong idea.....they were expecting the car to stink like weed or something. instead i was straight as an arrow, clean....but carrying a gun. that situation did not go the way they planned. no criminal record, car all legit, registered, inspection sticker, insurance, decent driving record, not drunk, no drugs. just a registered gun and a speeding violation.
 
Just wondering that is all. I find it curious what makes cops ask one thing versus the other. I got quizzed repeatedly at a border crossing about "photos"... Guess I look like a male porn star or something.

Asking about guns and drugs are part of the basic "script" that we're taught at the academy. Doesn't matter who you are or what you look like. Asking about guns and drugs is just automatic.
 
Wrong. I drive through RI every day carrying concealed. I have the RI laws in my glove box. As long as you are licensed in MA and passing through you are ok to CCW. Go to the RI laws section if you have any doubts.

Only if you are passing through. He wasn't passing through, he was visiting his girlfriend in Johnston, RI.

Thats really interesting if true, can you post a link please? RI does not officially recognize MA LTC's right?

You would have no protection under FOPA?

FOPA only comes into play if you follow all of its restrictions and you transport in accordance with those restrictions. That is, you must be legal to possess the gun in your state of origin AND in your destination. In this case, his state of origin was MA, where he was legal. His destination was RI. Was he legal to even possess the gun in RI? I don't know that part of RI law. If not, then he was toast.

Furthermore, FOPA requires you to transport unloaded and in a trunk or locked container. His gun was loaded and accessible. Therefore, he was not transporting in accordance with FOPA so he has no protection under it.

i meant i don't think they had a right to search my car without my consent, but at the time just felt i shouldn't say no cuz then it looks like i have something to hide.

Dude. There are three ways they can search your car. 1) They have a search warrant. 2) They have probable cause. 3) You give them consent. You gave them consent. Did they have probable cause? Unlikely. And not consenting to a search does not constitute probable cause.

the truth set me free here, and i don't regret consenting.

Are you out of your mind? Seriously? Do you have any conception of the bullet that you just dodged? You broke RI law and could have been arrested.

Goodness, gracious.

PS: Nothing good happens after midnight. Get home before then and stay there.
 
Back
Top Bottom