Disarmed and handcuffed on a traffic stop.

[nick96ta]

So my Ex wife just called me and said she was stopped for speeding by a Midwest City police officer. She presented her carry license immediately and informed the officer of the pistol she had with her. He then proceeded to disarm her and handcuff her "For his safety" without any cause whatsoever. What really gets me is she got the gun from me in the divorce and he wanted to know where the gun came from. He would not release the pistol back to her without her first giving him my information!!

To me this does not seem at all legal..?

 

[SMS]

....always more to the story.

The disarming is tried, true, and backed-by-the-courts police procedure/officer discretion but the handcuffing seems over the top.

 

[Stackle2]

Seems excessive, but not illegal. All the officer has to say is that he was ensuring his safety. Might be worth asking a 2A attorney about though.

 

[Glocktogo]

So my Ex wife just called me and said she was stopped for speeding by a Midwest City police officer. She presented her carry license immediately and informed the officer of the pistol she had with her. He then proceeded to disarm her and handcuff her "For his safety" without any cause whatsoever. What really gets me is she got the gun from me in the divorce and he wanted to know where the gun came from. He would not release the pistol back to her without her first giving him my information!!

To me this does not seem at all legal..?

Can't say without being on scene. I'd be having a talk with the mayor or city council about it though! Is MWC anti-carry? Seems I remember some run-ins with some agency down there, but it might not be them.

 

[doctorjj]

....always more to the story.

The disarming is tried, true, and backed-by-the-courts police procedure/officer discretion but the handcuffing seems over the top.

And I can't stand that part of the law.

 

[prather]

get a lawyer that can not be right.i would have ask for his supervisor.

 

[Profreedomokie]

From conversations with our second in command (PD),I'm not sure they can take the weapon without more to go on.

 

[OSU_Chris]

The disarm and handcuff are legal, but he has no probable cause to hold the firearm. I would file a complaint. However, if it were my ex, I would tell her to figure it out on her own. But, thats just me.

 

[smax]

The disarm and handcuff are legal, but he has no probable cause to hold the firearm. I would file a complaint. However, if it were my ex, I would tell her to figure it out on her own. But, thats just me.

If it was my ex I would have told the officer the gun was stolen lol.

 

[Point and Laugh]

Title 21 1290.8 E.
"Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed."