OSHP Traffic Stop

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OSHP Traffic Stop

Postby RobP7 » Sat Jul 16, 2016 9:10 pm

A while ago prior to the recent police shootings I was pulled over by OSHP. I was on my way to work and he pulled me over for speeding. I immediately pulled over, turned off the ignition and kept my hands on the steering wheel as he pulled up behind me. After a minute or so he walked up to my car and asked me if I was carrying. This was even before he asked for my license and insurance. I told him that I had no weapons on me or in the car. Then he started chastising me and said, "You have to inform me that you have a permit, even if you don't have a weapon on you!" Anyway, I politely told him again that I didn't have a gun and asked him if he needed my license and insurance. After all, he seemed to forget about them at this point.
I am not a lawyer. I don't even play one on TV. I guess my point is, if wanted to be a jerk he could have detained me and made me late for work and then what else??? I know there is a right to inform when carrying or transporting a loaded firearm, but the patrolman I was dealing with either was arrogant or ignorant or maybe a combination.
I'm not trying to flame anybody, especially law enforcement. I grew up around cops lots of them but how do some of them get this bad information and more importantly how do they get the correct information?
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Re: OSHP Traffic Stop

Postby schmieg » Sat Jul 16, 2016 9:34 pm

RobP7 wrote:A while ago prior to the recent police shootings I was pulled over by OSHP. I was on my way to work and he pulled me over for speeding. I immediately pulled over, turned off the ignition and kept my hands on the steering wheel as he pulled up behind me. After a minute or so he walked up to my car and asked me if I was carrying. This was even before he asked for my license and insurance. I told him that I had no weapons on me or in the car. Then he started chastising me and said, "You have to inform me that you have a permit, even if you don't have a weapon on you!" Anyway, I politely told him again that I didn't have a gun and asked him if he needed my license and insurance. After all, he seemed to forget about them at this point.
I am not a lawyer. I don't even play one on TV. I guess my point is, if wanted to be a jerk he could have detained me and made me late for work and then what else??? I know there is a right to inform when carrying or transporting a loaded firearm, but the patrolman I was dealing with either was arrogant or ignorant or maybe a combination.
I'm not trying to flame anybody, especially law enforcement. I grew up around cops lots of them but how do some of them get this bad information and more importantly how do they get the correct information?

There is only a duty to inform when you are armed. The officer was either ignorant or arrogant or both; some officers take pride in that, most do not.

I only had this happen once (possibly because I haven't been stopped very often and possibly because I almost always carry). I told the officer that he was wrong, but, if he wanted to make an issue of it, to charge me. But then I'm retired without a job to worry about and I'm a retired attorney to boot. I would have had fun with it. You probably wouldn't.
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Re: OSHP Traffic Stop

Postby Javelin Man » Sat Jul 16, 2016 11:53 pm

So we have to inform that we have a 'permit'? But he didn't care that you didn't inform about a gun or not. "Officer, I am required by law to tell you that I have a license to have a license."
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Re: OSHP Traffic Stop

Postby DontTreadOnMe » Sun Jul 17, 2016 12:33 am

Another life saved thanks to Obio's notification law. Hooray!
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Re: OSHP Traffic Stop

Postby MyWifeSaidYes » Sun Jul 17, 2016 1:49 am

RobP7 wrote:...I'm not trying to flame anybody, especially law enforcement...


Understood. But you noticed a problem that needs to be resolved.

RobP7 wrote:... how do some of them get this bad information and more importantly how do they get the correct information?


Someone gave them the bad info and someone needs to give them the correct info.

Whether you got a ticket or not, you should be able to identify the trooper that stopped you.

Get his name. Contact the OSHP patrol post for the county in which you were stopped.

The Piqua District is headquartered at the Miami county patrol post, and covers 12 counties. That contact info is:

OSHP Piqua Patrol Post
401 West US Route 36
Piqua, OH 45356
Phone: (937) 773-1131

Call and let them know you would like to compliment the trooper's professionalism BUT that you noticed that he had incorrect information.
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Re: OSHP Traffic Stop

Postby deanimator » Sun Jul 17, 2016 7:50 am

I had the same thing happen in Rocky River a few years back. That cop KNEW it wasn't required, but kept pushing the issue. I told him I'd "take it under advisement" which is a polite way to say, "bite me".

I am NEVER, EVER going to notify when NOT armed.

It's just NEVER going to happen.

They call it "law enforcement" and not "idle whim enforcement" for a reason...
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Re: OSHP Traffic Stop

Postby OhioPaints » Mon Jul 18, 2016 5:22 am

deanimator wrote:I had the same thing happen in Rocky River a few years back. That cop KNEW it wasn't required, but kept pushing the issue. I told him I'd "take it under advisement" which is a polite way to say, "bite me".

I am NEVER, EVER going to notify when NOT armed.

It's just NEVER going to happen.

They call it "law enforcement" and not "idle whim enforcement" for a reason...


I used to feel that way but I have changed my attitude. If it clears up a sticky situation, all the better. I will avoid the situation you had by informing first and let him know that I am not armed.

Of course, I realize YMMV.
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Re: OSHP Traffic Stop

Postby SeanC » Mon Jul 18, 2016 9:17 am

RobP7 wrote:A while ago prior to the recent police shootings I was pulled over by OSHP. I was on my way to work and he pulled me over for speeding. I immediately pulled over, turned off the ignition and kept my hands on the steering wheel as he pulled up behind me. After a minute or so he walked up to my car and asked me if I was carrying. This was even before he asked for my license and insurance. I told him that I had no weapons on me or in the car. Then he started chastising me and said, "You have to inform me that you have a permit, even if you don't have a weapon on you!" Anyway, I politely told him again that I didn't have a gun and asked him if he needed my license and insurance. After all, he seemed to forget about them at this point.
I am not a lawyer. I don't even play one on TV. I guess my point is, if wanted to be a jerk he could have detained me and made me late for work and then what else??? I know there is a right to inform when carrying or transporting a loaded firearm, but the patrolman I was dealing with either was arrogant or ignorant or maybe a combination.
I'm not trying to flame anybody, especially law enforcement. I grew up around cops lots of them but how do some of them get this bad information and more importantly how do they get the correct information?


You were exactly right. I always underscore this point when I give presentations or teach classes to law enforcers. I guess this guy hadn't been in any of my seminars.
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Re: OSHP Traffic Stop

Postby MyWifeSaidYes » Mon Jul 18, 2016 9:21 am

OhioPaints wrote:I used to feel that way but I have changed my attitude. If it clears up a sticky situation, all the better. I will avoid the situation you had by informing first and let him know that I am not armed.

Of course, I realize YMMV.


To each their own.

Of course, you should let the officer know that you do NOT have any marijuana in your glove compartment, NO baggie of crack cocaine in ANY bodily orifice and absolutely NO kidnapped children in your trunk.

It will help put the officer at ease.

:wink:
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Re: OSHP Traffic Stop

Postby deanimator » Mon Jul 18, 2016 11:18 am

OhioPaints wrote:I used to feel that way but I have changed my attitude. If it clears up a sticky situation, all the better. I will avoid the situation you had by informing first and let him know that I am not armed.

Of course, I realize YMMV.

It doesn't clear up a sticky situation, it just creates a bigger and potentially worse one.

It creates unjustified expectations by that cop and others that you're going to do things not mandated by law. Those "courtesies" will INEVITABLY morph into OBLIGATIONS, unenforceable in law, but used as excuses for harassment.

Cops already "know" enough wrong things. Why reinforce that?
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Re: OSHP Traffic Stop

Postby docachna » Mon Jul 18, 2016 11:25 am

OhioPaints wrote:

I used to feel that way but I have changed my attitude. If it clears up a sticky situation, all the better. I will avoid the situation you had by informing first and let him know that I am not armed.

Of course, I realize YMMV.


Such practices by you do nothing but perpetuate the problem. It may "clear up a sticky situation" for YOU, but what about 6 months down the road, when he is convinced that his mistaken impression is true, and ends up taking action unwarranted under the law, whether it be arrest, detention, or whatever ? And don't tell me "sue him". YOU could have helped solve the problem by CORDIALLY pointing out the misinformation to his post commander. (It does seem that OSHP has a higher incidence of such "misinformation" - could it be they are being "misinformed" either at academy, or by command, or both ??? I'd sure like to know).

In any case, sorry, but I don't buy your rationale. You don't have to turn into a Richard to help solve the problem.
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Re: OSHP Traffic Stop

Postby mpickles » Tue Jul 19, 2016 5:45 am

A further wrinkle to this is, as I understand it, we're required to inform them unless they already know, which he clearly did.
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Re: OSHP Traffic Stop

Postby JustaShooter » Tue Jul 19, 2016 6:11 am

mpickles wrote:A further wrinkle to this is, as I understand it, we're required to inform them unless they already know, which he clearly did.

Not exactly - you still need to notify, but if the LEO knew you had a license it is only a minor misdemeanor as I understand it.
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Re: OSHP Traffic Stop

Postby JediSkipdogg » Tue Jul 19, 2016 11:37 am

JustaShooter wrote:
mpickles wrote:A further wrinkle to this is, as I understand it, we're required to inform them unless they already know, which he clearly did.

Not exactly - you still need to notify, but if the LEO knew you had a license it is only a minor misdemeanor as I understand it.


Yes, notification is required 100% of the time. However, if he "had prior knowledge" then it drops it from an M4 to an MM. That's the only difference.
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Re: OSHP Traffic Stop

Postby sd790 » Thu Jul 21, 2016 10:01 am

JediSkipdogg wrote:
JustaShooter wrote:
mpickles wrote:A further wrinkle to this is, as I understand it, we're required to inform them unless they already know, which he clearly did.

Not exactly - you still need to notify, but if the LEO knew you had a license it is only a minor misdemeanor as I understand it.


Yes, notification is required 100% of the time. However, if he "had prior knowledge" then it drops it from an M4 to an MM. That's the only difference.

Notification is NOT required 100% of the time. Notification is ONLY required when you are armed.

2923.12 Carrying concealed weapons.
(B) No person who has been issued a concealed handgun license shall do any of the following:
(1) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a concealed handgun license and that the person then is carrying a concealed handgun;
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