Drylok Posted September 7, 2012 at 04:57 PM Share Posted September 7, 2012 at 04:57 PM I wonder what circumstances occured that lead to the LEO going to the trunk in the first place????? Link to comment Share on other sites More sharing options...
Gary Posted September 7, 2012 at 05:06 PM Share Posted September 7, 2012 at 05:06 PM Way to go Molly and Todd. Give a shout if any help from the minions are needed. We can not tolerate this kilnd of thing if the facts are as we think they may be. Link to comment Share on other sites More sharing options...
4thestars Posted September 7, 2012 at 05:57 PM Share Posted September 7, 2012 at 05:57 PM I often wonder how that works. An officer asks to look inside your car trunk. How do you politely yet firmly decline in a way that doesn't make you appear to be hiding something? And if you then *do* appear to be hiding something, does that satsify the whole probable cause thing and give them the right to look anyway without your consent? Link to comment Share on other sites More sharing options...
Patriots & Tyrants Posted September 7, 2012 at 05:58 PM Share Posted September 7, 2012 at 05:58 PM Everything I have read about Elgin is bad news (no offence to anyone living there). That basically as others have stated they can impound your car for a whole host of reasons and no matter what you end up paying to get the car out. One of the many reasons I avoid it like the plague; unless forced to cross into it for about ¼ mile while going to GAT. I am very interested to see if the gun was loaded or not; regardless if this was your typical passenger car with a trunk unless the owner did not have a FOID and was an Illinois resident I see no laws broken. Link to comment Share on other sites More sharing options...
Tvandermyde Posted September 7, 2012 at 06:20 PM Author Share Posted September 7, 2012 at 06:20 PM ok 1. i'm not in jail. 2. this is going to get interesting. I will release details as I can. An individual was pulled over for failure to signal a turn. when queried about alchohol, drugs or guns in the car he answered that there was a gun in the trunk. According to the police report, he gave consent to search where upon the officer found an unloaded beretta, slide locked tot he rear in a zippered case, with ammo. some dispute as to where the ammo was. the cop had to rifle through this individuials equipment for the National Guard, uniforms, boots, helmet and such and the Gun according to the individual was in a backpack to boot. this is a bad arrest as he was charged with a misdemeanor, car impounded/towed and gun taken for evidence. I went to see the Chief and was told he was not in. where upon a slip a FOIA request under the glass to the nice lady. I then called my friend about the State's Attorney. A few minutes later, he recieved a call back that the SA had just hung up the phone with the Chief about this very case. a little bit ago the Chief called. We had a nice talk where upon the Chief said it was a stupid mistake and it was wrong. We then had a disscussion about how our guys have to follow the law, but his guys seems to be obvlious to the law and that I was traveling with my 45 in a case on the front seat, and if his cops tried that with me they would end up with a tiger by the tail as I wrote the law. We now have to get this sorted out, and finalized. after that, I will be able to tell a bit more. When i get a chance, I will upload the FIOA request I filed, my bizness card was clipped to the front as i printed it out on just plain paper. The Chief said they would get it filled as soon as they can and no fees should be forth comng for the information. this came to my attention because someone got ahold of Valinda, who got a hold of me. I then was able to talk to the individual and get his side which seemed legit. Now we just sit back and see the results. Link to comment Share on other sites More sharing options...
Indigo Posted September 7, 2012 at 06:21 PM Share Posted September 7, 2012 at 06:21 PM My next million dollar idea is a dash cam, just for regular cars. Intregal to the vehicle, and it captures video inside the passenger compartment toward the driver's side. I am going to pitch it to GM, Ford, Toyota, Honda... Sorry, but if you look on Amazon, there are already lots of "civilian" dash cams out there, ranging from $20 POS systems to $250+ workable solutions. And just like the cop's dash cams, they can exonerate or incriminate. Link to comment Share on other sites More sharing options...
Johnnybgood Posted September 7, 2012 at 06:22 PM Share Posted September 7, 2012 at 06:22 PM As for declining a search a simple "I do not give you permission to search me or my vehicle" will suffice. If arrested for not allowing a search a good lawyer is needed and I am quite certain a tidy sum of money and your vehicle unimpounded without paying fees will be yours. Maybe years later but what is your rights worth? Link to comment Share on other sites More sharing options...
Uncle Harley Posted September 7, 2012 at 06:29 PM Share Posted September 7, 2012 at 06:29 PM ALways decline a search, if they had probable cause, they wouldn't need to ask they will plainly state their probable cause. The refusal of a search does not constute to probable cause. Link to comment Share on other sites More sharing options...
Joeyl Posted September 7, 2012 at 06:32 PM Share Posted September 7, 2012 at 06:32 PM Wow. After Heller and McDonald, any cop (and I am Not a cop-basher) who doesn't know current firearm laws for their jurisdiction deserves what they get in the way of lawsuits. Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 06:35 PM Share Posted September 7, 2012 at 06:35 PM Was this in Elgin or South Elgin? Link to comment Share on other sites More sharing options...
sctman800 Posted September 7, 2012 at 06:36 PM Share Posted September 7, 2012 at 06:36 PM ALways decline a search, if they had probable cause, they wouldn't need to ask they will plainly state their probable cause. The refusal of a search does not constute to probable cause. There you go!!! I will always decline any search requests as refusal is not grounds for probable cause. Then if you are searched and something is found it should be an illegal search and any evidense found will be inadmissable in court. At least that is my understanding of the law. I am not on an episode of "COPS" and will not have a bale of pot, a big bag of cocane a bottle of whisky in my pocket or a hooker in the back seat. And those idiots always say "yes." Jim. Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 06:39 PM Share Posted September 7, 2012 at 06:39 PM How do you politely,yet firmly, refuse to answer the question posed to this individual? i.e. "Do you have any alcohol, drugs, or guns in the car?" Just not say anything? Link to comment Share on other sites More sharing options...
abolt243 Posted September 7, 2012 at 06:41 PM Share Posted September 7, 2012 at 06:41 PM How do you politely,yet firmly, refuse to answer the question posed to this individual? i.e. "Do you have any alcohol, drugs, or guns in the car?" Just not say anything? "There is nothing illegal in this car." Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 06:42 PM Share Posted September 7, 2012 at 06:42 PM Thanks. Link to comment Share on other sites More sharing options...
Uncle Harley Posted September 7, 2012 at 06:43 PM Share Posted September 7, 2012 at 06:43 PM I'm not claiming I know everything, but what I said about probable cause is true. I originally went to college to be a cop and we spent an entire semester on probabal cause and different scenerios in one of my criminal justice classes. I decided to not become a cop when I accidently shot myself witha ND. I decided getting shot hurt too bad to want to subject my self to the increased risks of facing that every day. I wouldn't have worked out anyways, I developed ashtma shortly after, and wouldn't have been able to pass the PT test. Link to comment Share on other sites More sharing options...
Johnnybgood Posted September 7, 2012 at 06:43 PM Share Posted September 7, 2012 at 06:43 PM Check out this website. http://www.flexyourrights.org/ Link to comment Share on other sites More sharing options...
Uncle Harley Posted September 7, 2012 at 06:44 PM Share Posted September 7, 2012 at 06:44 PM How do you politely,yet firmly, refuse to answer the question posed to this individual? i.e. "Do you have any alcohol, drugs, or guns in the car?" Just not say anything? "There is nothing illegal in this car." x2 Link to comment Share on other sites More sharing options...
Jeffrey Posted September 7, 2012 at 06:46 PM Share Posted September 7, 2012 at 06:46 PM I'm not claiming I know everything, but what I said about probable cause is true. I originally went to college to be a cop and we spent an entire semester on probabal cause and different scenerios in one of my criminal justice classes. I decided to not become a cop when I accidently shot myself witha ND. I decided getting shot hurt too bad to want to subject my self to the increased risks of facing that every day. I wouldn't have worked out anyways, I developed ashtma shortly after, and wouldn't have been able to pass the PT test.bwaahahahahhaa. Is this a story or truth? BWAHAHAHHAA Ok not really funny if true, fortunately you survived, and hopefully didn't hurt anyone in the process. Remind me never to go shooting with you. Also, if true, this story needs a thread of its own. With pics. Link to comment Share on other sites More sharing options...
vezpa Posted September 7, 2012 at 07:15 PM Share Posted September 7, 2012 at 07:15 PM 1. This should show everyone here that 2nd amendment abuses happen in Illinois OUTSIDE Cook county. 2. Anyone ever traveling in this defunct state should have a printed copy of the Illinois statute in the car so they can give it to an officer in case they don't know the law. 3. Don't ever give consent to search, especially if you are getting pulled over for some dumb minor infraction like this. 4. I hope Todd doesn't let this one go, as this would be a absolutely perfect case to bring to the media and make an example of to make sure that this does not happen to anyone else. This crap happens everyday and people just don't know better and end of pleading guilty to some bogus misdemeanor charge. Link to comment Share on other sites More sharing options...
GWBH Posted September 7, 2012 at 07:15 PM Share Posted September 7, 2012 at 07:15 PM 1) For LEOs not knowing the law - it's probably more common than we realize.Illinois has a myriad of gun laws that overlap and can be quite confusing. 2) I would NEVER consent to a vehicle search - and I have nothing to hide. 3) This may be a mistake confusing Illinois gun law with the Wildlife Code, which is much more restrictive.I always follow the wildlife code, since ya' never know which code may be applied in a traffic stop. Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 07:33 PM Share Posted September 7, 2012 at 07:33 PM I do think LEOs need to know the law, but I also understand that with laws constantly in flux they can't always be trained up to the minute on EVERY single law in the state. However, there hasn't been a big change in IL firearms transportation law since Diggins, so they should be up to date on that. I say, give him back all of his stuff, reimburse him for any fines, and give some departmental training on how firearms may legally be transported. Link to comment Share on other sites More sharing options...
Mac Posted September 7, 2012 at 07:39 PM Share Posted September 7, 2012 at 07:39 PM Since the wildlife code is more restrictive, It seems to me that most weapons charges and laws are written with connection to the wildlife code. I may be wrong, But this seems the case. Link to comment Share on other sites More sharing options...
Gary Posted September 7, 2012 at 07:49 PM Share Posted September 7, 2012 at 07:49 PM I think the problem with the Wildlife code not jiving with the criminal code was fixed a few weeks ago.Right? Link to comment Share on other sites More sharing options...
nameless-one Posted September 7, 2012 at 07:55 PM Share Posted September 7, 2012 at 07:55 PM I thought the wildlife code was changed recently to match the state code? I'm not sure when it takes effect though. http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=SB&DocNum=3533&GAID=11&SessionID=84&LegID=65259 Link to comment Share on other sites More sharing options...
lockman Posted September 7, 2012 at 08:09 PM Share Posted September 7, 2012 at 08:09 PM I can see this in Elgin, but South Elgin seems a little out of character. I have discussed Diggins with the So. Elgin Chiefin the past. If I remember the Chief is the taller one of the two, they seem to travel in a pair. Link to comment Share on other sites More sharing options...
F12Mahon Posted September 7, 2012 at 08:18 PM Share Posted September 7, 2012 at 08:18 PM Sorry, but if you look on Amazon, there are already lots of "civilian" dash cams out there, ranging from $20 POS systems to $250+ workable solutions. And just like the cop's dash cams, they can exonerate or incriminate. ComEd already has cams in their trucks pointed at the drivers face. Eugene Link to comment Share on other sites More sharing options...
jackinelgin Posted September 7, 2012 at 08:31 PM Share Posted September 7, 2012 at 08:31 PM I've lived in or adjacent to Elgin for all of my 59 years. Family has been here for 140+ years. Never had my car searched,towed,impounded. Never been asked if my car could be searched. Geez,must be doing something wrong. Seriously,Elgin bashing aside,this could happen anywhere! Link to comment Share on other sites More sharing options...
Jeffrey Posted September 7, 2012 at 08:31 PM Share Posted September 7, 2012 at 08:31 PM Dash cam: GoPro As for this guy arrested. I hope they give him back his gun in a timely manner. Link to comment Share on other sites More sharing options...
Jason4567 Posted September 7, 2012 at 08:35 PM Share Posted September 7, 2012 at 08:35 PM I hope they make an example out of this cop in a big way! Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 08:37 PM Share Posted September 7, 2012 at 08:37 PM Got pulled over in Elgin for speeding on Rte 20 (60 in the 55) with my AR on the back seat (unloaded, encased). Cop walks up to the window and says "I was just talking to my wife about you." Yeah, I knew the guy. Got a warning. Funny thing is, I almost bought an M1 from him that year too. Link to comment Share on other sites More sharing options...
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