Warrants check during unlawful stop?

[jbswift]

I was sitting inside a lawfully parked vehicle at 11:30pm waiting for my friend to get back so we could hang out.

- after only a short period of time after only being in the parked vehicle for less than 1 minute a police officer drove by. I was calmly sitting there not doing anything illegal or suspicious.

- the police officer watched me for about 30 to 45 seconds and then turned to park behind me.

- almost immediately he was at my vehicle where I politely explained I was waiting for my friend to get home which should be within 5 to 10 mins.

- he said ok and then asked for my ID.

- I refused being that this is pennsylvania. I asked if I was being detained and he said yes I was because a person sitting inside of a vehicle at night is suspicious.

- I explained that sitting inside of a vehicle is not suspicious and that unless I am being cited for a crime or being arrested I am not required by law to identify myself.

- this officer got upset quickly and I could tell he was all too willing and ready to violate my rights soon by ripping me out of the parked vehicle. So to ensure that I didn't get shot I respectfully told the officer that I was carrying concealed.

- almost immediately after that after a couple more back and forthes about stop and identify laws in pa he physically removes me from the vehicle all while im repeating "I do not consent to any searches and seizures officer" to which he replied "shut up." He reached into my pocket and pulled out my concealed carry permit and proceeded to run a background and warrants check on me without any Reasonable articulable suspicion or probable cause I was committing a crime. Yes during the stop he discovered a warrant to which I was arrested for and I was also cited for something that could not have been possible without running the records check.

- How was that a lawful stop to begin with? And from my understanding of the law he had no legal authority to run my papers check. I believe my civil rights were violated as well as the entire stop unlawful.

Thank you

JB

[Emptymag]

If you were sitting outside on MY street and I didn't know who you were, and it was an odd time, etc., I'd have dialed 911 and reported a suspicious vehicle.

The police would have come and "checked you out."

I listen to a scanner. Have heard them run plates and drivers license after having made contact with such suspicious vehicles.

Sometimes it's just a poor sap that is going door to door trying to sell internet service and sometimes they have gone in cuffs because they were there to buy/sell drugs.




I don't know the legality of what happened in your case, but don't assume that you didn't warrant a looking into.

[Kchristy]

I'm sure others will chime in, but from the moment you told him you had a firearm while sitting in a vehicle you gave him RAS to confirm that your firearms license was valid. Does that involve a wants and warrants check? I dunno, but I would think that would be reasonable.

[Daycrawler]

OP you could always file a complaint and get a Lawyer, however he did take an Armed wanted Man off the Streets! Would you tell us what the Warrant was for or is that a Secret?

[Orlov556]

IANAL, but its probably going to be pretty tough to use the civil rights card for a stop when you had an active warrant...

Now, if you said all of the above, and didnt have a warrant, its still going to be a little tough to gain sympathy (or empathy, or any-pathy) when the story goes like... i was just sitting in my car, minding my own business, I am the victim, blah blah blah.

I dont wish bad on anybody, but i am curious as to what other factors are at play. Generally, unless this is a case of mistaken ID, people with warrants have other factors to consider, such as, why do i have a warrant?

Gun rights usually come second to the whole law abiding citizen part, as of right now anyway. My personal opinion aside, i hope everything works out.

[Curmudgeon]

You were eventually arrested on an outstanding warrant as well as an additional charge discovered during the "stop" and you're asking legal advice on an internet forum full of gun nuts?

Let me guess, this isn't your first brush with poor judgement, is it? You need an attorney. Good luck.

As to the LEO tapping on your window and investigating you, that will be based on the totality of the circumstances, which you have chosen not to divulge. Any response we could give you would probably be skewed.

[Svickstc]

was the vehicle not registered to your name? when he parked behind you and ran your plate, would a warrant not come up, maybe this is why you approached you.

[Hawk]

Where were you specifically parked? Public street? Private drive? Private property? Public parking off street?

Should have kept quiet about the gun until he escalated it to point where he would of discovered it.

Expect the possibility of your LTCF to be revoked.

[unclejumbo]

Well JB, it all comes down to totality of the circumstances. There is RAS if you're sitting in your parked car at night in a high crime or drug area or an area known for prostitution. Even in an area that has seen a rash of car break-ins or is just down the street from a bar.

Once he told you that you were being detained, that indicated that he had developed RAS and it was time to produce ID, especially given your location sitting behind the steering wheel. In essence, it was a traffic stop given your location. He was also within the scope of his authority to order you out of the car.

By all means, get an attorney and discuss the case with him. If the officer is unable to articulate his RAS, then you may have a case of some type. You shouldn't assume the officer had no RAS because he may be aware of circumstances that you are not.

Shall I assume from this that your reluctance to produce your ID was because you were aware there was an active warrant for your arrest and that you were under suspension?

[Deleted]

was the vehicle not registered to your name? when he parked behind you and ran your plate, would a warrant not come up, maybe this is why you approached you.

When the police enter your warrant into NCIC / CLEAN there is the option to attach the warrant to a vehicle's registration plate. If that is done, running the plate will get a "hit" that there may be a wanted person inside.