First time being "disarmed" during a traffic stop

[joelamosobadiah]

I had my firearm in the center console, currently unloaded with two magazines in console as well. I work in courthouses so I cannot carry inside so it stays in my console regularly on my drive. I got pulled over for a headlight out, which I was aware of since that morning. Sheriff's deputy got out of the vehicle with another officer behind him standing back. Appeared to be a training situation.

Upon seeing the CHL and that I didn't have my proof of insurance out he asked if the insurance was in the center console with the firearm. When I told him yes he asked I remain seated and not move while he retrieved the firearm. He went around the vehicle to the passenger side door, retrieved the firearm from the center console, asked if I had the magazines, then proceeded to dig through console for both magazines (since obviously those were super dangerous even though he had my gun). I got out my insurance and handed it to him, both officers went back to the vehicle and returned about 10 minutes later with a written warning.

Seemed a little over the top to me. I understand not wanting me to reach in center console to get insurance (even though officers have allowed me to do this before), but the officer seemed nervous the entire time so I wasn't giving him any reason to be more nervous than already. Pretty sure I was dealing with a rookie in training.

[RoyGBiv]

Not a good period in history to be a COP these days.

My personal slack meter for LE encounters has grown pretty large.
Doesn't mean I'll allow an unwarranted search, but, if a LEO wants to disarm me during a stop, I'm not going to take it personally right now.
I might have been tempted to acknowledge the pressure on LE to walk a very tight line and thank him for doing the job.

I'm betting your instincts were good and it was training related.

[mojo84]

If it's was a rookie that is in training, he may have been just extra precautious. I can understand that. I am not sure I would be happy about him digging around in my console looking for the mags. However, you got off with a warning.

I would recommend keeping your insurance card separate from where your gun is stored. That way you may be able to avoid being disarmed and/or a cop rifling through your console in the future.

[TVGuy]

I would recommend keeping your insurance card separate from where your gun is stored. That way you may be able to avoid being disarmed and/or a cop rifling through your console in the future.

This. Handgun in console, insurance in glove compartment.

[joelamosobadiah]

If it's was a rookie that is in training, he may have been just extra precautious. I can understand that. I am not sure I would be happy about him digging around in my console looking for the mags. However, you got off with a warning.

I would recommend keeping your insurance card separate from where your gun is stored. That way you may be able to avoid being disarmed and/or a cop rifling through your console in the future.

Agreed about needing to move the insurance card. Almost every time I've wound up in this situation I've immediately gone for the insurance card so it wasn't an issue. However it was raining and lots of traffic so I wasn't able to get to it before pulling over and I sure wasn't reaching in there while they were walking up. Haha

[mojo84]

If it's was a rookie that is in training, he may have been just extra precautious. I can understand that. I am not sure I would be happy about him digging around in my console looking for the mags. However, you got off with a warning.

I would recommend keeping your insurance card separate from where your gun is stored. That way you may be able to avoid being disarmed and/or a cop rifling through your console in the future.

Agreed about needing to move the insurance card. Almost every time I've wound up in this situation I've immediately gone for the insurance card so it wasn't an issue. However it was raining and lots of traffic so I wasn't able to get to it before pulling over and I sure wasn't reaching in there while they were walking up. Haha

I think the last sentence is full of wisdom.

[RetNavy]

glad every thing turned out alright for you.... I keep my insurance clipped to the inside of my sun visor, easier to get to... plus, once they run your plates they know if you have insurance, data base was set up for that.... when i listen to to local LE on a stop, dispatch has been telling officer if insurance is valid...

[The Wall]

Like RetNav, I also keep mine in the little plastic pocket on my sun visor. That's why I purchased my Toyota Tundra. Just kidding! Actually it just seemed like a good place for it and easier to get to than the glove box. I have a safe mounted under the back seat in my truck for when I'm going in to somewhere I can't take my gun with me.

[VMI77]

I would recommend keeping your insurance card separate from where your gun is stored. That way you may be able to avoid being disarmed and/or a cop rifling through your console in the future.

This. Handgun in console, insurance in glove compartment.

Yeah, doesn't seem so unreasonable to me. It's a bad idea to have necessary papers or ID in the same place you've got a gun. I've never had an officer express any concern about the gun on my hip but I'd expect to be disarmed if I had to reach for something in the same place I kept a gun.

[Scott B.]

Sounds like an interesting fourth amendment issue. Did he ask your permission, or just told you that's the way it was going to be?

I'm pro law enforcement and wouldn't have said or done anything different. But, just for giggles - what if another driver or passenger of the vehicle had left a baggie of illicit substances in your console, or something like an unlabeled pill bottle?

[AJSully421]

Good move on the stop.

I put my card behind the plastic cover over the mirror in my visor... not like I ever use that mirror anyway. When I get stopped, I pull my wallet while I am pulling over, get the card as soon as I stop and go into park. I have yet to have an officer scold me for "digging around" while I am being stopped. I have both hands on the wheel at about 10 o'clock so they can see them well as they approach, and I turn on the interior lights at night.

I have been pulled over way too many times that I have a SOP for it.

Plus, I don't keep my pistol in the console... my truck pistol is in a Safariland ALS bolted under the dash.

[VMI77]

Sounds like an interesting fourth amendment issue. Did he ask your permission, or just told you that's the way it was going to be?

I'm pro law enforcement and wouldn't have said or done anything different. But, just for giggles - what if another driver or passenger of the vehicle had left a baggie of illicit substances in your console, or something like an unlabeled pill bottle?

If you're carrying contraband it would be really really dumb to put it in the same place you would have to reach for your insurance card during a traffic stop. If you're letting people who use and transport illicit substances use your vehicle or driving them around then I suppose you might as well expect to spend some time in jail --especially if they're dumb enough to put their contraband in your center console. I'd say that if someone is hanging out with those kind of people it's time for new friends...unless the person finds the prospect of jail time appealing.

[Scott B.]

Sounds like an interesting fourth amendment issue. Did he ask your permission, or just told you that's the way it was going to be?

I'm pro law enforcement and wouldn't have said or done anything different. But, just for giggles - what if another driver or passenger of the vehicle had left a baggie of illicit substances in your console, or something like an unlabeled pill bottle?

If you're carrying contraband it would be really really dumb to put it in the same place you would have to reach for your insurance card during a traffic stop. If you're letting people who use and transport illicit substances use your vehicle or driving them around then I suppose you might as well expect to spend some time in jail --especially if they're dumb enough to put their contraband in your center console. I'd say that if someone is hanging out with those kind of people it's time for new friends...unless the person finds the prospect of jail time appealing.

No argument on that point at all. My curiosity is in the search aspect of this officer securing the weapon. Did he obtain the driver's permission? Was that even presented as an option?

[cb1000rider]

Yeah, doesn't seem so unreasonable to me. It's a bad idea to have necessary papers or ID in the same place you've got a gun. I've never had an officer express any concern about the gun on my hip but I'd expect to be disarmed if I had to reach for something in the same place I kept a gun.

So how do they handle you reaching for your wallet with a gun on your hip?

[E.Marquez]

Yeah, doesn't seem so unreasonable to me. It's a bad idea to have necessary papers or ID in the same place you've got a gun. I've never had an officer express any concern about the gun on my hip but I'd expect to be disarmed if I had to reach for something in the same place I kept a gun.

So how do they handle you reaching for your wallet with a gun on your hip?

Only come up four times for me.. Lampasas, Killeen, Harker Heights and Belton..

2 of 4 not a word was said about the weapon, zero zip.
1 of 4 I was asked where it was, and then nothing more said.
1 of 4 I was asked where, and then with a smile admonished, if yours stays holstered mine stays holstered.

IOW, it's not been an issue for me in reaching for my wallet which is in the rear pocket opposite side from my gun.