Surviving a Traffic Stop


Traffic Stop

Image from http://www.policemag.com/Channel/Patrol/Articles/2010/10/Duty-Dangers-Traffic-Stops.aspx

Knock on wood, but I have not received a speeding ticket since 1997, but I have been pulled over several times for equipment violations (no front plate, no headlights, no seat belt) and once for running a red light after the signal pattern changed.  This can be a very stressful time for you as a driver; assuming you are armed, it can be doubly so.  Just like training for IDPA/IPSC competition or planning for a blackout or wilderness survival, having a plan and mentally rehearsing it can reduce your stress and improve your performance greatly.

The 1st thing you need to do is quickly and safely find a place to pull over.  Place your turn signal on alerting the police officer on your intention to stop and then look for a place that you can stop without placing the officer at undue risk.  You should be far enough off the road that the officer does not need stand in traffic and if you are asked to step out of the vehicle you are not at risk of being struck by a passing car.

Once stopped roll down your window, turn off your vehicle, turn off your radio, turn on your interior lights and place you hands in clear view on the steering wheel.  I do not recommend reaching into your glove box for insurance papers or grabbing your ID at this time.  From behind the vehicle, you would not be able to tell if they are grabbing papers or a handgun from the glove box.

As a police officer the 3 most likely places to be killed are at domestic violence calls, driving the patrol vehicle and at traffic stops.  While an experienced officer may have conducted thousands of stops, approaching a vehicle with a frightened or anxious driver should always be done with caution.

Before the officer approaches your vehicle they will likely run the plates to determine if the person the vehicle is registered to have a record, outstanding warrants etc.  At this point the officer will likely know that you have a concealed carry permit.  Many CCW permit holders believe that this should be proof that they are an upstanding member of society, and to some officers it is, but until the officer has confirmed who you are they should not assume that the driver of the vehicle is the registered owner.  The car could have been stolen!

The is a chance that officer may not immediately approach the vehicle and is waiting for back-up.  As posted yesterday, an officers primary safety concern is for themselves.  If they are out numbered by the occupants of your vehicle, or if they are of a different gender they may choose to do this to mitigate their risks and they are completely prudent to do so.  As soon as the risk has been determined to be low, the second officer may leave.

The officer will also likely take measures to increase their reaction time should you show signs of being a threat.  2 of the more common techniques are 1) to shine their spotlight into your rear view mirror and 2) approaching the vehicle from an angle that makes them difficult to see without large obvious motions.

The goal of the spot light is partly to add additional light to the cabin of the vehicle, but its main goal is to destroy the night vision of the driver and make it impossible to see the officers movements behind the light.

When the officer approaches they may come from either side.  Approaching from the driver’s side, they will likely stop behind the driver’s door, this allows them to keep a small degree of cover between them and the driver, it makes it easier to communicate due to the close proximity and requires a large motion by the driver to point a weapon at them..  Approaching from the passenger side gives them a good view of the entire passenger compartment, keeps them out of traffic and makes for a difficult shot for a right-handed shooter.

When the officer finally makes contact they will attempt to do so with some measure of authority, they want to let you know that they are in control of the situation.  For a sheepdog, this aggressive posture tends to make us uncomfortable as we see it as a threat.  This is our problem, not the officers!  If you respond with similar aggression the officer will rightly take steps to protect themselves.

This is also the point when in many states, like North Carolina, CCW permit holders are required to notify the officer of the existence of their permit.  It is a good idea to commit a rehearsed phase to memory for this notification.  Mine is something like…

“Hello.  I am required to notify you at this time that I have a North Carolina permit to carry a concealed firearm.”

It may not matter, but I like to start with a friendly word and avoid the use of the words “Gun” or “Weapon.”

During my last stop the conversations proceeded as follows:

Officer: “Are you currently armed?”
Me: “Yes, sir.”
Officer (Looking for the gun): “Where is it?”
Me: “In a inside the waistband holster behind my right hip.”
Officer: “Fine, leave it there.”
Me: “Yes, sir.”
Officer: “May I see your license please?”
Me: “Yes, sir.  Before I reach for it I would like to inform you that it is in my wallet in my back, right pocket.”
Officer (now with a look of concern): “OK, tell you what, take you gun out slowly and place it on your dash.”
Me (still with my hands on the steering wheel): “Would you mind if I remove it in the holster.  I am not particularly keen on having a loaded firearm in my hand in the presence of an officer.”
Officer: “Yes, that is fine.”

At this point the traffic stop proceeded normally with my gun remaining on the dash for the duration of the stop.  (Including when the officer turned his back to return to his vehicle.)

If the officer wishes to disarm you, carry your firearm back to their patrol car and run a check on the weapon, they are completely within their rights to do so.  They may even return your weapon to you unloaded.  This is so that you are not in possession of a loaded weapon in their presence and so that you need to reload it before it become a risk to them.  Remember they want to return home safely and this helps them ensure that they do.

At a traffic stop your goal is to a) not get shot by the police officer and b) minimize the financial impact of the ticket.

I recommend a few things to minimize your risk of being shot by the officer:

  1. Be polite. A traffic stop is stressful for you AND the officer. Being polite and taking actions to demonstrably reduce their risk will show that you are a good guy and put them more at ease. If you have to, walk them through the process of securing your firearm like I did above.
  2. Avoid movements that may be confused with reaching for your firearm. It is your responsibility to not give the impression that you are drawing your gun. Don’t let the officer give you commands that make look that way either.
  3. Minimize weapon handling by both you and the officer. We have all heard stories about police officers that have asked how to apply the safety on a revolver or how to open the cylinder. Unfortunately, not all police officers are “gun guys” and many are less than proficient with firearms. Therefore, I will not carry a pistol in public that cannot be removed without removing my belt. I do not want access to the trigger in the presence of a police officer, nor do I want them to have access to my trigger. Had the officer asked me to surrender my weapon I would have said… ”Yes sir. Can I hand it to you in it’s holster? Additionally, I don’t mean any disrespect but, since I do not know your experience with a firearm… if you manipulate the weapon in any way, can you do it by your cruiser to minimize any risk to me.”

The last thing to remember at a traffic stop is a CCW permit is not a get out of jail free card. Supportive officers MAY give you a break because of you have demonstrated that you are an upstanding citizen. Do not expect special treatment.

For the stop I referenced, the police officer got off of his hand-held cell phone to give me a ticket for no seat belt. I was given the ticket, which I deserved, what upset me is talking on a cell phone, while speeding, is a far greater risk to himself and others than my not wearing a seat belt.

If you have any interesting story about being stopped while armed, post it in the comments below and if you think it would be beneficial to someone you know, please feel free to share it on Facebook, Twitter or by e-mail!

Ron is the Founder and President of When the Balloon Goes Up! He competes regularly in IDPA as an ESP/Expert, his focus is on concealed carry, home defense and analyzing equipment to find “Gear that Just Works!”

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  • http://www.blogger.com/profile/13549098186484275715 DAKOTARANGER

    I've never been pulled over carrying but turning on the interior light is THE most intelligent anyone carrying or not carrying can do. If the officer wanted to disarm me fine, I wouldn't be happy about it but I also know his main goal is to go home at the end of the shift. The last thing I want to do is interject more stress into an already stressful job.

  • Anonymous

    In general, I agree with most of your advice. In paragraph 7, the officer would want to "decrease" his reaction time – that being the time it takes for him to react to a hostile act by the driver or other occupant of the vehicle.

    Second, I'm not sure that I would question the officer's firearm skills. Whether the officer is a "gun guy" or not, two things that were beat into his head during the academy are muzzle control and finger control. He may not be familiar with your particular weapon but I doubt he's going to point it at you with his finger on the trigger.

    Thanks for taking the time to post this article.

  • Anonymous

    One of the larger mistakes that people make is after seeing the police car with its lights on is to step on the brake pedal causing the officer to slam on their brakes so not to rear end your vehicle. This does not make them happy. You should maintain speed, turn on interior light and give a slight wave to acknowledge to the officer that who see them they will back off slightly allowing you to smoothly brake. They will be much much happier. A happier LEO will be more likely to extend any courtesy.

  • http://www.blogger.com/profile/02710448105506060349 Sean D Sorrentino

    “If the officer wishes to disarm you, carry your firearm back to their patrol car and run a check on the weapon, they are completely within their rights to do so.”

    This is completely wrong. Officers have no power to compel you to hand over any of your personal property. If they wish to search you, they must have probable cause, the same standard that they need to have in order to arrest you. Do NOT hand over a gun to a police officer. Force him to arrest you and search you and take it. Then sue him for violating your rights.

    Here’s a better approach to a car stop.

    1. Pull over safely. Best scenario is to pull your car under a streetlight, putting the nose of your car up to something that blocks you in. This makes the cop happier that you can’t run away once he gets out of the car.
    2. Turn off your radio,
    3. turn on your dome light,
    4. Roll down the window a bit, all the way if you feel comfortable, but enough for you to talk if you don’t.
    5. Take your keys and wallet and throw them both on the dashboard. Now you don’t have to reach for it when he finally gets to the window.
    6. Put your hands on the wheel and wait until he comes to talk to you.
    7. Memorize the following line. “Before we go any further, officer, State law requires me to advise you that I have a right to carry permit and I am currently exercising my right.” (Never say “Gun,” for some reason it makes cops nervous) 99 times out of 100, the cops won’t really care about the gun. They’ll just continue with the stop. You HAVE to exert your rights, or the cop that disarms you, searches you, or pulls you out of a car will claim that it was voluntary, and he’ll win in court.
    8. If he asks you to step out of the car, disarm, give him the gun, etc, politely decline. You may say something like, “I would be happy to allow you to search me or my car if you have a warrant.”
    9. Tell the cop what you are going to do before you do it.
    10. Sign the ticket.
    11. Argue about it in court, not on the street.
    12. Be polite, it costs you nothing.

    Investing in a recording device might be a good idea. An audio recording of you exerting your rights will absolutely kill any chance of the cop claiming that your cooperation was voluntary.

    Most important thing to remember: Cops have no “right” to disarm you. They might have the power, but in the end, the civil suit will teach them not to do that again.

  • http://www.blogger.com/profile/05429556739190496868 Balloon Goes Up

    Thanks Sean! That is the opposing point of view I was hoping for in discussion. I actually discussed this yesterday with two state police who said this was departmental policy and stated their belief that it was part of the CHP training.

  • http://www.blogger.com/profile/02710448105506060349 Sean D Sorrentino

    Can you point to the part of the law that requires me to give my firearm to any police officer that demands it? I see the part about showing the CHP and ID,

    http://bit.ly/ry0itb

    but nothing about giving him my firearm.

  • Anonymous

    "If the officer wishes to disarm you, carry your firearm back to their patrol car and run a check on the weapon, they are completely within their rights to do so."

    Not in Georgia. See State v. Jones

  • tt11758

    Good advice in the above article.

    In my state a CCW holder is NOT required to inform an officer that they're carrying unless specifically asked. That being said, I always hand my CCW to the officer along with my DL. Having been on the LEO side of the interaction, I know that officers don't appreciate surprises….especially surprises of that kind. And Murphy's Law being what it is, I'm confident my jacket would ride up and he'd see the "nasty surprise". Besides, I always worried a whole lot less about people who told me, up front, that they were carrying.

    As for refusing to surrender your gun to an officer, even if you are within your rights, this is seldom a good idea. On the side of the road is not the time to exercise your rights. There is, after all, such a thing as being "dead right".

    Bear in mind, these are my opinions, based upon my experience as both a Police Officer and a CCW Instructor. YMMV

  • http://www.blogger.com/profile/02710448105506060349 Sean D Sorrentino

    @tt11758: So if I refuse to disarm, the cop is going to shoot me? Aside from that regrettable incident in Canton, just who do you think we have policing us?

    If he says, give me your gun, I'm going to politely decline. If he pushes the issue, I'm going to request he call his supervisor. What I am looking for is for him to actually arrest me. Once he arrests me for no reason, I can sue. And I will win. I didn't say I would attack him. Nor do I plan on raising my voice. A polite exercise of my rights will stop 95% of police stupidity.

    You might watch this video for details
    http://youtu.be/hqhW4GaZyx8

  • http://www.ctgunsafety.com Jonathan

    I'm glad I live in a state where we don't have to notify. I would only inform the officer when I'm ordered to exit the vehicle.

    As we've seen in many media articles, dashcam videos, etc. Far too many then use the fact that you are legally carrying as an excuse to suspend your other civil liberties (not to mention completely overbearing). Look what happened to the guy in Canton, OH.

  • Mark Dozier

    As for refusing to surrender your gun to an officer, even if you are within your rights, this is seldom a good idea. On the side of the road is not the time to exercise your rights. There is, after all, such a thing as being "dead right".

    This is exactly the time to exercise your rights. Just because the cop whats to be in charge or make himself feel safer does not negate my rights.

  • http://www.blogger.com/profile/06449291680143912471 Lucy Cale

    Up until a few months ago I was extremely happy that my driving record was clean. But it just had to happen someday. I was running a little late to an important meeting and pushed the pedal to the metal. Well, when I saw the blue-red lights flashing behind me, I couldn't believe my eyes. Next thing thing you know, the first of many speeding tickets was recorded. I want my old clean record back!!

  • Anonymous

    Not a really big deal but a warrant is not required to search a vehicle. A vehicle search without a warrant may be performed when the officer has probable cause the vehicle contains evidence of a crime or contraband. You have a greatly diminished expectation of privacy in a vehicle and the courts have consistently held the vehicle's ready mobility obviates the need to obtain a warrant. Also, it is settled law that an officer has the right to order occupants of a vehicle to either stay in a vehicle or get out during a vehicle stop (for officer safety). Refusing such a lawful order might get you arrested for Resisting / Delaying or Obstructing an Officer and you can sue all you want but you will lose because the order was completely lawful.

  • http://www.blogger.com/profile/16296850357629131645 Daniel in Brookline

    Ditto in re informing the officer. As I understand it, there are only a handful of states with that requirement. (Nota bene: if you carry during a long-distance drive, read up beforehand on the states you'll be passing through!)

    Since I live in a state that does NOT require me to volunteer my carry status — Massachusetts, can you believe it? — I would not do so, unless I was asked to step outside the car. Then I'd do it because I don't want to give the officer unpleasant surprises. Otherwise, I'd avoiding needlessly complicating matters.

    I haven't yet been stopped while carrying. Personally, I like Massad Ayoob's phraseology: "Before I step outside the vehicle, officer, I should tell you that I'm licensed to carry, and I do have it on. Please tell me what you want me to do."

    I don't know if officers routinely look up the CCW status of drivers before approaching the vehicle; I suspect it varies. I got pulled over just a week or two ago (for an expired registration); if the officer knew I was licensed, he never mentioned it. I did keep my hands in full view, and he was polite and friendly; I don't know if the one had anything to do with the other.

    (Actually, he asked me for my license and registration, then asked: "Are you a tech-savvy sort of guy? Do you have a smartphone? Can you access the Internet?" I said, "Uh, sure, but I have no idea where you're going with this." He replied, "Oh, good — that means I don't have to tow you." He then asked me to renew my registration online, watched me start to do it, and handed me the ticket. It was a warning — no fine.)

    respectfully,
    Daniel in Brookline

  • http://www.nopointstraffictickets.com Traffic Ticket Toronto

    Every drivers hates when he gets pulled over by the police, either for a traffic stop, or a ticket. It’s one of the worst moments when you’re peacefully driving your car and see the flashing lights on your tail. But it’s important to keep your cool and not give the officer any signs that would require for him to use force. This way, you can get out of the problems in an easier way.

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