Got detained by stillwater pd today for brandishing

[BadgeBunny]

Could you or your husband tell me what happens to my knife? I'll be fuming if I see an officer peeling an apple with it someday.

I don't know for sure. Depends on the department. At OHP it eventually gets destroyed. It would break your heart to hear of some of the guns that have been wood-chippered up by our trusty Brownies. Most are ghettoed out beyond belief, but every once in a while there is a gem. Wish they would start having auctions. Some other departments auction off stuff that has been snagged.

Check with Stillwater PD. They can tell you. You might ask the DA's office about the procedure to re-acquire confiscated property also -- Forgive me, it has been a while and I forget what it is called.

 

[ExSniper]

As stated earlier, you admitted that the handgun was exposed. This is a violation of the SDA and a CRIME. A police officer stops a CRIMINAL with a firearm. He will probably do so at gunpoint, be very vocal and demanding, probably handcuff you and search you for other weapons, during said search he found two knives one of which he deemed to be illegal. After he ran your drivers license and found out that you had no outstanding warrants he was nice to you except for keeping the suspect knife. That would be pretty standard with any police department in the US, though some would get far more forceful in this type of apprehension and many would have tsaken you to jail for the knife.
Man up, admit you screwed up, quit whining about the way you wish the law was, we all wish it was, and take your medicine.

 

[taymoor]

guess you didn't read 106

 

[BadgeBunny]

guess you didn't read 106

You know what ... he is not the first person to point out that just because you were offended by the way you were stopped, there was nothing illegal or inappropriate that happened, based not on anything the officer has said, but by your own posts. Bottom line is YOU broke the law.

I have tried to answer your questions and help you out and have yet to get even so much as a "gee, thanks". It is pretty clear that there IS another side to this story based on your attitude alone. There have been many, many just like you who have come, complained, pissed, moaned and carried on and left. All I can say at this point is ... Well, bye.

 

[ExSniper]

I don't want to come off as a kid who displaces all the blame and fault. . . In the end a foolish mistake on my part led to my being treated as a hard criminal, while it should have involved an officer calmy disarming me and then giving me a stern fatherly talk about concealment methods. I can even get over losing my knife

Why should an officer calmly disarm an armed criminal that he has not yet identified?
Here is your stern fatherly talk: Obey the law!

 

[taymoor]

I'm not sure how you are interpreting my attitude. I do appreciate the feedback from this forum, otherwise I would not post. I totally understand my part in it. If you want to be offended by me, that is your prerogative. Why? I'm not sure. Am I pissing and moaning? of course. You keep telling me to put myself in the officer's shoes. I have, and see merit in his actions. Now. Put yourself in my shoes if you dare. Of course I'm not happy. Do I understand what led to everything, yes. but regardless I don't appreciate being subjected to that type of treatment. I learned a lesson and will move on, but don't deserve to become anybody's enemy in the process.

And thanks for your input through all this. I'm sorry if I haven't told you that by now.

 

[taymoor]

Here is your stern fatherly talk: Obey the law!

Yes papa

 

[justinsaneok]

It would appear that that's no longer the case.

I have to think that this incident, if handled correctly, could help get OC passed. Possibly, maybe? But if the O/P doesn't want to go "that public" it's totally understandable.

Agreed .

 

[Buzzgun]

If the weapon didn't stay concealed (Adj. 1. concealed - not accessible to view; "concealed (or hidden) damage"; "in stormy weather the stars are out of sight"
hidden, out of sight
invisible, unseeable )

Then he was displaying a weapon, even if it was unintentional, it was still shown which is against ccw from the sda book

And what you are referring to about being in the open only pertains to unloaded weapons, not a weapon in a holster on your person

Buzzgun, if it was visible it was 'displayed'. The section on open carry in a vehicle certainly does not apply to one being worn on the body. Dare you to unload your pistol and proceed to open carry around town.

The cop had every reason to stop someone who was visibly wearing a pistol in public....since it is illegal in the state of Oklahoma with certain exceptions. Exceptions that the officer can not be sure apply to said individual until he/she executes a stop.

Love how folks are putting all the burden on the LEOs to act above reproach, but none on the OP who failed to live up to his/her responsibility under the SDA.

You two conveniently failed to answer my question. What was the probable cause to stop the OP?? Did the officer KNOW the weapon was loaded, or did he assume it was?? Since the OP was on a motorcycle, he can't lay the pistol on the seat beside him to transport it in plain view.

If the OP had a rifle or shotgun on a sling over his back, would the cop have reason to stop him?? According to the law, I believe he would be legal in carrying an unloaded long gun on a sling while riding his motorcycle. Same as carrying an unloaded rifle in a gun rack in your pickup. If a cop sees a pickup with a rifle in a gun rack in the back window, does he have probable cause to stop that truck?? According to your definition, that rifle is being "displayed".

When traveling in/on a vehicle, I believe the same applies to a handgun in a holster, whether that holster is on your belt, strapped to the handlebars or, laying on the seat beside you. While traveling in/on a vehicle, the law does NOT prohibit carrying an unloaded handgun in a holster that is on your body in plain view. (If you disagree, please SHOW ME where that is prohibited) So, I ask again, what was the probable cause for stopping the OP?? Does the cop have the right to stop everyone who is transporting a firearm in plain view to see if the firearm is loaded??

The fact that the OP was stopped in a school zone has absolutely no bearing on the stop. He was not on school property, he was on a public roadway that happened to be by a school.

The law prohibits displaying a weapon intentionally, for the purpose of threatening. This is also known as brandishing. I'd really like someone to show me where the SDA says it's illegal to accidentally expose your weapon!

Do you think the police should arrest you if, you bend down to pick up your child and they accidently pull your shirt up revealing your weapon?? Maybe you should go to jail if you take your coat off and find, to your horror, your shirt has ridden up to reveal your weapon??

Yes, the weapon is suppose to be concealed, but let's use a bit of common sense here!

This incident, if it happened as described, is a non issue that certainly should have been handled differently by the officer.

The knife IS an issue, but I would still be talking to the DA!

By the way, I have been teaching SDA classes since 1997.

 

[Dale00]

Give it some time, the anger and resentment will pass. It's a bitter pill to be stepped on the way you were but as you said, your mistake was what started the whole thing. I remember how angry and violated I felt at age 18 when the police drew down on me when I was in the wrong place at the wrong time. IF you haven't had that experience its hard to understand. So I kept griping but people got tired of listening.

Best advice I can give is to redirect all your attention and energy to something positive and stop reliving the incident.