Probable cause when a firearm is in the car

[drtybykr]

Anytime a cop asks you to step out of your vehicle, lock your door behind you.

 

[sovietak474u]

No, he did not have a the right to do any of that. Sadly if you want to do anything about it you will need to pay a lawyer about 20k which is funny since they are the sorry bastards who wrote to laws to begin with.


The correct answer to do you have any weapons in this car is, " I have nothing illegal in my vehicle officer, am I free to go?"

Yeah I'm going to pass. He asked where the gun is and I told him. He then said can you step out. I said sure. Ok where's the gun. I told him and he just went through the door and grabbed it. I should have said something but I did not say anything til he opened my middle console.

 

[Joe218]

he toke my licences to the trunk of his car, couldn't really see cause of his high beams, probably stole me ID.
No credit issue to date

 

[drtybykr]

Yeah I'm going to pass. He asked where the gun is and I told him. He then said can you step out. I said sure. Ok where's the gun. I told him and he just went through the door and grabbed it. I should have said something but I did not say anything til he opened my middle console.

Turn around and go thru the roadblock again. Do it over and over till they ask you to step out of the vehicle. Then assert your rights this time.

 

[Joe218]

Anytime a cop asks you to step out of your vehicle, lock your door behind you.

amen

 

[sovietak474u]

Turn around and go thru the roadblock again. Do it over and over till they ask you to step out of the vehicle. Then assert your rights this time.

Screw that. Lol. I've had enough for one night. Gotta polish his grubby paw prints of my pistol.

 

[NWSharpshooter]

Turn around and go thru the roadblock again. Do it over and over till they ask you to step out of the vehicle. Then assert your rights this time.

 

[Tazz]

Another reason I don't go anywhere close to Clayton Co. if I can help it.

 

[Ken Ford]

Do the police have probable cause to search my car just because there is a firearm in it? I just hit a road block. The cop was rather nice at first . Then he asked to search my car. I told him politely "no". He then proceeded to ask if I had a gun in the car . Yes of course . He then had me step out . So I did. He then asked where the gun was. I told him, in the passenger seat. He grabs it and then proceeds to search around some more. That's when I stopped him and told him , I did not approve the searching of my vehicle. He went on and on about how he is getting the gun for his safety and mine.After me telling him I did not approve of a farther search... He stopped. He cleared my gun, ran it and then told me to sit back in my car. Minutes later he gave me my gun back and told me to have a nice night.My question is did he have the right to search my vehicle more thoroughly ?

If he could somehow articulate that he felt that you may have a weapon and meant him harm he might get away with a "frisk" of you and the car. You did not mention that he searched you, so I doubt he can make that claim.He should not have continued with a search,assuming the facts as stated.As you describe the incident he was wrong.

 

[sovietak474u]

He did not touch me. He had me step out, another officer stood right next to me and he leaned in and grabbed the gun off the seat. He cleared it and laid it on the seat. He then opened my middle console . I told him to stop that I did not concent to a search. He did the my safety aand his speech then he grabbed my gun and went back to the car. The other officer told me to get back in my car so i did. He came back with my pistol ,mags etc and told me to have a good night.

I just wanted to know what I should say next time to stop that from happening.