Question about a "weapon" BS!

[TylerG]

Me and my girlfriend got pulled over last night because I only had my parking lights on (we were talking in my truck for awhile outside her house then we just left, I forgot to turn my lights on because of streetlights). He just gave me a warning and then he asked if he could take a look around my truck. I didn't have anything so I told him I didn't care. He opens up my toolbox in the back and finds a 6-D Cell Maglite. He says it is a weapon and I shouldn't be carrying it. What the hell is that... I know I could beat someone with it but its in my friggin tool box!

[firecop]

Just lock your toolbox.

[gray88_5.7]

you know those push toys for toddlers that have little balls in it that pop up when you roll it along ? dangerous instrument when it was used in a domestic assault

[firecop]

As gray said, anything can be used as a weapon. It all depends upon the use of it, or the perception the officer has when it is seen.

I've arrested guy with baseball bats in the vehicle. Hmmm, no baseball, no glove but has the bat = weapon.

[Jason86Z28]

Firecop, you ever think maybe the guy was just a designated hitter? http://www.3rdgen.org/ubb/biggrin.gif (just playing devils advocate)

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1986 Z28 LG4 M5 (beater mode until spring comes, then new paint)
Aiwa CDC-MP3; Alpine 4x6's & 6x9's; 2 10" MTX Thunder 4000's run by an MTX Thunder 102 Amp; Hooker Aero-Chamber Cat-Back
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The slowest street bike you'll ever see

[AQUABATZ]

I guess I should get my dick amputated, its big as hell! http://www.3rdgen.org/ubb/biggrin.gif

[Bullit]

i would contact the shitsville pd and ask what constitutes a weapon. he probably didn't arrest you for it because it's a flashlight and i don't think there is a DA out there that would take that case. however, what do you really need with a 6D cell flashlight? i used to have one, but it was a waste of batteries. just carry a shotgun instead. in texas you can't carry a baton, but you can carry a shotgun. http://www.3rdgen.org/ubb/confused.gif

[TylerG]

He asked me to unlock the box. What am I going to have in there, drugs? I think he was just looking for something to get me on... who knows. With the retarded kids in our school that do drugs and drink, I guess it's a good thing that he checks over stuff good. I didn't get in trouble so I guess I shouldn't be complaining. http://www.3rdgen.org/ubb/smile.gif

[firecop]

Should have just told him no.

[Jay87Z]

I have a 6D cell maglight in my camaros backseat..heh.

[MrDude_1]

firecop. im surprised. you should know better than that. if he said no, the would have been 'detained' for probable cause.

in some areas metal flashlights cannot be carried by officers because they are considered a weapon..

and for another thing, if i wanted to carry a bat, a 10 d cell mag light, and a axe, so what. they arnt weapons until used as weapons. he cannot arrest me for that. id fight the hell out of that!

[firecop]

Not so fast Dude, you can't be detained to get ptobable cause, you either have it at the time of the stop by plain view, furtive movement etc. or you don't.

You can't hold someone to hope to find probable cause.

[Bullit]

<font face="Verdana, Arial" size="2">Originally posted by MrDude_1:
firecop. im surprised. you should know better than that. if he said no, the would have been 'detained' for probable cause.

in some areas metal flashlights cannot be carried by officers because they are considered a weapon..

and for another thing, if i wanted to carry a bat, a 10 d cell mag light, and a axe, so what. they arnt weapons until used as weapons. he cannot arrest me for that. id fight the hell out of that! </font>


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someone has been slightly misinformed...

[MrDude_1]

firecop
no You can't hold someone to hope to find probable cause, but by not allowing them to look, you are giving them probable cause that you are hiding somthing. then the cop has you wait while a backup officer arrives(what i ment by detain) then they search your car any way.

i know thins first hand being in a friends car while he was pulled over. do you think they broke the law in doing so? i donno. i go by what i can figure and what i have read. im not a cop or a law major. you tell me.


and i can still carry the above mentiond things in my car right? i know i cant just walk around with a axe but i can have one in my car, right?

[firecop]

No to all of the above. Probable cause is not obtained by refusing to open a locked container, esp. if it's not within the
passenger compartment. Adding an additional officer still does not create probable cause.

The officer must be able to articulate the reason he/she thinks they have probable cause. In Connecticut we need permission,
an in custody arrest or a warrant to search a motor vehicle.

In regards to items within your vehicle, just as beauty is in the eye of the beholder, so is it with weapons in a motor vehicle. If
the officer feels that you have these items for devious purposes, presto, you get a ticket for having a dangerous weapon.

Let's face it, why would you need an ax in the middle of downtown, inside the passenger compartment?

[MrDude_1]

i live out in the country. i drive into town to get a new axe. i buy the axe and layit doun in the back seat.


ayway i see your point. the law must be written diffent here. if they think your hiding somthing they will check.

oh well.. its not like i carry anything really questionable anyway.....

[kane91z]

I still think people have the right to protect themselves... While someone attacking you will probibly have a weapon... your not aloud to have one to defend yourself... total BS as far as im concerned... I keep a mag lite under my driver seat for those just in case senarios

[Big454blockchevy]

Sure have your mag-lite ready so when someone drives up on you and pulls his weapon and starts shooting u can throw your mag lite at him or her. In todays world you need to carry a handgun. I am glad in Texas you can carry a concealed handgun.

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86 Z28 *72 454 BBC Nova

[This message has been edited by Big454blockchevy (edited 03-15-2001).]

[Jay87Z]

Don't bring a knife to a gun fight.

A mag lite is an even worse thing to bring.

These days, for protection, a gun is the only thing worth carrying.

I have one (mag lite) in my car cause changing a tire in the middle of the night without light is a pain in the ass.

[This message has been edited by Jay87Z (edited 03-16-2001).]

[NO RICE]

When I was sixteen, I got pulled over for "probable DUI". I hit a pot hole and swirved. I had a two handed broad sword in the back seat, no scabbard. The blade is 32inches lond and 3 inches wide... He didn't say anything about the sword, but he thought that I was on drugs.. Combine going home from work at 2 am with russian accent.... and you got a fresh pot head...

Anyways, I was ordered to go to 7/11 and get a cup of coffee... BTW, I was heavily insisting on a drug test...

[Superblue]

I've arrested guy with baseball bats in the vehicle. Hmmm, no baseball, no glove but has the bat = weapon.

bullshit. I used to keep a baseball bat in my car and use it to prop up the hatch since I couldn't afford new hatch shocks. Besides, what if they were coming home from the batting cages or something? jerk..

[firecop]

Dear Mr. Blue, yes the bat was in the car. In the car at a bar. In the car at the bar where there was a fight. Said individual came to the bar in his car with a bat, not wearing a hat, with the sole intent of crushing somebody's FUCKING SKULL!

Yes, you can be arrested based solely upon the officer's interpertation of the facts and circumstances surrounding the situation.

So, jerk this..... :D :p ;)

[ 03-23-2001: Message edited by: firecop ]

[Mike '91 Z28]

:)