Has the procedure to notify change

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evilspringer
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Has the procedure to notify change

Post by evilspringer »

My morning started off great. :roll:

Son wanted to ride my bike to work so I took his took his car.

Of course I get pulled over for speeding. No argument or issues there.
OSHP was traveling on the opposite direction and lit me up. I pull over as soon as I see the lights come on. I roll down the window, take my sunglasses off and put my hands on the steering wheel while the officer gets turned around . I look on the rear view mirror to see when the officer gets out of the car so I can notify as soon as she got out.

The state patrol officer told me to get me hands outside of the vehicle.
And as soon as she was done speaking, I was able to inform her that I have a CHL and was armed. Then I was requested to step outside of the vehicle and go to the front of the vehicle and put my hands on the hood. I tried to inform as she stepped out of her vehicle but she interrupted me and would not let me. I was told that I had not correctly informed her of carrying. She then proceeded to ask where my weapon was located. I told her that it was in my backpack which was on the passenger seat.

She then entered my vehicle and retrieved my backpack and took out my pistol and out of it's holster and removed the mag and unloaded it.

She then tells me to get back in my vehicle and keep my hands on the steering wheel as she writes me a citation for speeding and failure to inform.

She returns after about 10 minutes and gives me the citation and tells me that she is just going to give me a verbal warning about the failure to notify.

She then told me to put may backpack outside of the car and she will place my firearm on it and I can retrieve it and load it how I want to after she leaves and out of sight.

I know this is not how I should have been treated but I just bit my tongue trying not to make the situation worse. I was being polite and non argumentative.

But she said I need to review the Attorney General's website and review on how to notify. So is there a change I do not know about?
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Pecker
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Re: Has the procedure to notify change

Post by Pecker »

Sounds a little heavy handed. I'd do a FOIA request for the dash cam footage of your stop. Would be interesting for perspective.
evilspringer
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Re: Has the procedure to notify change

Post by evilspringer »

Pecker wrote:Sounds a little heavy handed. I'd do a FOIA request for the dash cam footage of your stop. Would be interesting for perspective.
I am not sure it would be on the dash cam.
It was on a rural road. After the initial stop, she told me to go a little further down the road and pull off at the drive. Her car was not directly behind mine during the stop.
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Re: Has the procedure to notify change

Post by carmen fovozzo »

She needs some educating...she went over board and I would contac her superiors...

As for informing, you screwed up.....don't care if the officer is doing back flips or what ever...You inform loud and clear and don't hesitate for anything..Talk over her if you have to....
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Werz
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Re: Has the procedure to notify change

Post by Werz »

evilspringer wrote:
Pecker wrote:Sounds a little heavy handed. I'd do a FOIA request for the dash cam footage of your stop. Would be interesting for perspective.
I am not sure it would be on the dash cam.
It was on a rural road. After the initial stop, she told me to go a little further down the road and pull off at the drive. Her car was not directly behind mine during the stop.
I would recommend that you still request anything you can get. Even if the dashcam was not pointed at your vehicle, there is still likely to be dashcam audio. There may also be dispatch audio.

I read forum postings about this stuff, and there seems to be a heavy concentration of these incidents amongst the Ohio State Highway Patrol. It is becoming common enough amongst that agency that I question whether it is an issue of individual officers. I have heard it cynically stated that OSP doesn't enforce law; they execute policy. If this type of heavy-handedness starts to look like OSP policy, it may be time to approach OSP command about it, and if necessary, some of our more friendly legislators who have influence on their funding.

Note: Do not refer to your request as a "FOIA" request. That is a misnomer; FOIA applies only to the federal government. Just call it a public records request.
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evan price
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Re: Has the procedure to notify change

Post by evan price »

Werz wrote: I read forum postings about this stuff, and there seems to be a heavy concentration of these incidents amongst the Ohio State Highway Patrol. It is becoming common enough amongst that agency that I question whether it is an issue of individual officers. I have heard it cynically stated that OSP doesn't enforce law; they execute policy. If this type of heavy-handedness starts to look like OSP policy, it may be time to approach OSP command about it, and if necessary, some of our more friendly legislators who have influence on their funding.
I absolutely concur, my experience with oshp is they make a point of behaving badly to ccw holders more often than not.
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deanimator
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Re: Has the procedure to notify change

Post by deanimator »

Just more proof that you need to:
  1. shout over the cop to inform, if necessary.
  2. carry and use a voice recorder of some kind WHENEVER you are armed.
It's always amusing when somebody does a record request without telling the agency in question that there's audio/video and the cop's written report is 180deg. opposite of what the recording documents.

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evilspringer
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Re: Has the procedure to notify change

Post by evilspringer »

It's not that I did not inform, she told me that I did not inform correctly.
Her version of the correct procedure is to have had my hands outside of the car and once she had approached the car and was able to verify that I was not a threat, I then tell her that I have a CHL and was armed.

Sorry for the confusion.
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Re: Has the procedure to notify change

Post by Javelin Man »

Then she's wrong, there's no established method in the way to inform.
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A_F
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Re: Has the procedure to notify change

Post by A_F »

I'm guessing your son has a chl?
evilspringer
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Re: Has the procedure to notify change

Post by evilspringer »

Javelin Man wrote:Then she's wrong, there's no established method in the way to inform.

I did not think so, but she told me that it should have been taught in my class and to look it up at the Attorney General's website.
I was not trying to be argumentative with her.
I just apologized for my "mistake" and would look it up to confirm.
evilspringer
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Re: Has the procedure to notify change

Post by evilspringer »

A_F wrote:I'm guessing your son has a chl?
He does have his also.
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DontTreadOnMe
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Re: Has the procedure to notify change

Post by DontTreadOnMe »

evilspringer wrote:
Javelin Man wrote:Then she's wrong, there's no established method in the way to inform.
I did not think so, but she told me that it should have been taught in my class and to look it up at the Attorney General's website.
I was not trying to be argumentative with her.
I just apologized for my "mistake" and would look it up to confirm.
Here ya go:
(source: "Concealed Carry Laws Manual" http://www.ohioattorneygeneral.gov/File ... anual.aspx" onclick="window.open(this.href);return false;)
Traffic Stops and Other Law Enforcement Encounters
If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, he shall promptly inform the law enforcement officer that he is carrying a concealed handgun. If in a vehicle, the licensee shall remain in the vehicle and keep his hands in plain sight at all times.
She was right, it says so right there.
Oh, wait.
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gfrlaser
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Re: Has the procedure to notify change

Post by gfrlaser »

keep his hands in plain sight at all times.
I think she is really mis-interpreting this line. Badly I might say.
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evilspringer
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Re: Has the procedure to notify change

Post by evilspringer »

DontTreadOnMe wrote:
evilspringer wrote:
Javelin Man wrote:Then she's wrong, there's no established method in the way to inform.
I did not think so, but she told me that it should have been taught in my class and to look it up at the Attorney General's website.
I was not trying to be argumentative with her.
I just apologized for my "mistake" and would look it up to confirm.
Here ya go:
(source: "Concealed Carry Laws Manual" http://www.ohioattorneygeneral.gov/File ... anual.aspx" onclick="window.open(this.href);return false;)
Traffic Stops and Other Law Enforcement Encounters
If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, he shall promptly inform the law enforcement officer that he is carrying a concealed handgun. If in a vehicle, the licensee shall remain in the vehicle and keep his hands in plain sight at all times.
She was right, it says so right there.
Oh, wait.
That's why I put the window down and had my hands on the steering wheel. They were at about 11 & 1 O'clock positions.

If they are outside the window, they are outside of the vehicle :?
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