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

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



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.



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.



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.

maybe I am out of my mind, I can drive wherever I want when I want. Thanks for the curfue suggestion tho, haha.

- - - Updated - - -

It's a lesson learned....if I'm going into RI I'm leaving the gun at home, end of story.
 
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.

Indeed. The first question a good lawyer would've asked you post-arrest was "did you shut the f*ck up?" If you consent to a search, your lawyer can't get the search thrown out. This is the big point you're missing.

You may want to watch some of these.

http://www.youtube.com/user/FlexYourRights/videos?view=0&flow=grid&sort=p
 
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.

But you still talked when you could have respectfully declined to answer anything and could have declined the search.
 
i understand i should not have consented to the search, i get that, and won't in the future. lesson learned. but again, i felt his immediate comment of " you seem nervous, are you okay" was pretty much enough for him to do whatever he wanted anyway at that point.
 
i understand i should not have consented to the search, i get that, and won't in the future. lesson learned. but again, i felt his immediate comment of " you seem nervous, are you okay" was pretty much enough for him to do whatever he wanted anyway at that point.

because you let him.

"you seem nervous."

"i'm fine, you seem overly-inquisitive."
 
Quit beating up on the guy. Frankly I'd like to see how many of you would and can stand up to police procedure. Also refer to Ochmude's Post #48. It's real easy to be a Monday morning quarterback. We have a lot more important things to concern ourselves about than one lucky guy who got caught in violation of a RI Firearms Transport Law.
 
Wow. Just... wow.

First, the police pulled you over because your car looks like a drug deal on wheels.

Second, don't consent to a search ever again.

Third, sell that car.

Fourth, don't admit to breaking the law on a public internet forum.

Fifth, those were the coolest cops on the planet.
 
Quit beating up on the guy. Frankly I'd like to see how many of you would and can stand up to police procedure. Also refer to Ochmude's Post #48. It's real easy to be a Monday morning quarterback. We have a lot more important things to concern ourselves about than one lucky guy who got caught in violation of a RI Firearms Transport Law.

No one's beating up on him. Just giving him good advice that is beyond reproach.
 
To the OP: Thanks for posting your story. I'm glad you ran into some good cops who also were well versed in the RI Firearms Statute. It's great that they cut you a break, because you didn't help yourself out too much. But as they say, live and learn. Some of the links posted by others here are very helpful in dealing with the police.
 
I think this is a great story. It can probably can never be duplicated. I think there are two key points. 1) The series of events and the fact that he didn't lie ended up getting him a pass. (not on the ticket though). I think if he had refused the search they would've said he was jumpy and nervous and saw the shoulder dip and then they would've searched and he would be in jail at least until his girlfriend came with the bail money. Maybe his lawyer could beat the charges because he refused the search but that would be a long time and a lot of money later. 2) Goes to show you that we all might be a little paranoid about LEO. He realized he had a licensed gun owner breaking a law merely because of a state border and he respected the license.
 
maybe I am out of my mind, I can drive wherever I want when I want. Thanks for the curfue suggestion tho, haha..

Yes, you can. If you are out late at night there is a higher probability that you will encounter a drunk driver, and you will get more attention from law enforcement, as you just experienced. And chances are you will be more tired and thus be more at risk of an accident.

Waking up when your car hits the guard rail is not fun.
 
That's debatable. Frankly I think this is an account that he should have best left to himself. BTW how many times have you been stopped by the police or been questioned by them?

My experience is irrelevant. I'm not sure why you're being argumentative. Would you offer the OP any advice other than to shut up and not consent?
 
hardly ever, i got a speeding ticket 2 years ago, but i don't get stopped for no reason. alot of people have fancy cars, that's not against the law. i was speeding and i was violating transportation laws, those were the problems.
 
okay, so heres my question. had the OP had the gun on his person, and handed the officer his drivers license, reg, and CCW permit right off the bat...would this have gone smoother?

although, he wasnt just passing through, he stopped somewhere. but in that case 'the firearm was locked in a lockbox, in the trunk when i stopped'
 
Glad everything worked out. I'm said my LTC-A is restricted, but then again I don't have to worry about stuff like this.
 
No I do not consent to a search as he is cuffed and standing in the cold while the cops who are on the clock sit in their warm cruiser drinking coffee while waiting for a search warrant that may or may not come in the next 6 hrs.
Let's start with calling this a big screw up with a happy ending and an education as opposed to a cold shower after a strip search and a stale sandwich
Dave
 
i understand i should not have consented to the search, i get that, and won't in the future. lesson learned. but again, i felt his immediate comment of " you seem nervous, are you okay" was pretty much enough for him to do whatever he wanted anyway at that point.

No, it wasn't. The fact that you were nervous is not probable cause.
 
Is it SOP for the officer to call the gf to confirm the story?

I doubt there is any official SOP on that specific situation. It's common practice to attempt to determine if the individual you are questioning is being deceptive, and to attempt to verify any claims made.
 
No I do not consent to a search as he is cuffed and standing in the cold while the cops who are on the clock sit in their warm cruiser drinking coffee while waiting for a search warrant that may or may not come in the next 6 hrs.

The cops would not have left him standing outside. They would have stuffed him in the back of the cruiser to ensure that he couldn't run off. In addition, they had no justification for a search warrant. In the event that they did get one, his attorney would have grounds to argue to have it and the evidence tossed. Once he consented, game over -- any and all evidence is in.
 
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