Fair point. I see that now. I still don’t get how somebody calling the police from well across the street would be able to determine magazine capacity but, that aside, if the police rolled up and saw a standard capacity magazine then they would have asked for a CCW. That’s an interesting find because I had not heard of this before but then again I’ve always had a CCW in Virginia since my family has had a cabin there for over a hundred years (and I need to keep my normal stuff somewhere since New York is screwed).
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Well just keep in mind there’s nothing that prevents them from asking every time they make a contact.
You still don’t have me sold on that point but I do agree that they had the right to ask in this instance if he was carrying a standard capacity magazine.
They can ask in any circumstance, there’s absolutely nothing to prevent them from doing so.
Whether you’re required to comply is institutionally dependent just like them asking for ID.
I mean I guess they can ask whatever the hell they want but that doesn’t necessarily mean you would have to answer or furnish it to them. I carry my Ruger GP 100 openly whenever I’m in VA and I’ve chatted with police plenty of times and they never once have asked me to show them a damn thing, not even my driver’s license. They usually see my New York plates and ask me how long the drive took and then chat me up a bit about how screwed up New York is.
It all depends on the cop and the situation.
We’ve got a DPS officer here in Texas that routinely for every traffic stop will order the driver and passengers out of the car and prones them out while he runs them. Even the guys at the DPS academy laugh at what a jackass he is.
That would infuriate me to no end. I live a mile down the road from a state trooper barracks here in New York and they tried pulling that crap at a checkpoint literally 10 ft from my driveway. I wasn’t having it and thankfully the man in charge, who I’ve had plenty of beers with over the years, chewed the young rookie out for giving the locals a hard time. He told me later that there had been reports of a suspicious vehicle with a bunch of inner city types pulling into people’s driveways and checking out their homes. His new guys used it as an excuse to hassle everybody.
He was sued over it numerous times but the law actually allows for it for “officer safety”.
It makes the whole DPS look bad though.
What area of New York are you from, if you don’t mind me asking? Are you upstate?
845 area code…
That is the part I don’t get! I once got a speeding ticket in Oklahoma just before crossing the state line to Colorado. The officer asked me to get into his police car after pulling me over and wait while he wrote my ticket, of course I complied because I was in the middle of nowhere and there wasn’t a soul in sight, however I don’t think that is constitutional. If I had refused politely and said: no thank you officer, I will wait here while you write my ticket” what do you think he would have said?
Sounds like he was just being nice and cautious at the same time.
A refusal would probably have you in cuffs in the backseat and they’d dig as deep as they could to make sure you weren’t a bad guy, terrorist etc.
Your ten minute stop would have probably turned into a couple of hours.
How would he have probable cause though? Just make shit up because he could?
“Officer safety” and then he’d go to looking. Remember it’s only recently that the courts decided they could only detain you for 20 minutes without probable cause.
But legally he can’t search a vehicle with out consent of the owner or a warrant.
They can perform a limited cursory search and call for a dog to see if they can get probable cause to go deeper.
I’ve seen the dog handlers purposely key the dogs to indicate even when there was nothing to trigger them.
That’s all they need.
Prior to that ruling they could easily hold you for 2-3 hours while you waited on the dog cop to show up.
On second thought that was almost 20 years ago too, so I am sure a lot has changed since then. On that same trip I got pulled over again but in Colorado because cops thought I was driving erratically. At the time I was driving a 1972 FJ 40 Landcruiser, no power steering and the tye-rods were a bit loose. The officer told me he didn’t need probable cause to pull me over after I asked him why he was pulling me over.
Ahh ok! Quite different than upstate!
They don’t. They can pull you over for a vehicle inspection at anytime.
I grew up in a 69 FJ 40!
Erp. IDK why, but that is hilarious to me.
“But, Officer? I don’t have power steering and my tye-rods are loose!” (I have no idea what a tye-rod is) 