Probable cause when a firearm is in the car

[EZBS35]

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[drtybykr]

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.

Here is what not to say. NSFW

 

[BackWoods]

No, you were in the right in your thoughts and opinions and it seems like one of those weird grey area situations. The only thing I could see him doing, is a check on your firearm, to make sure it isn't hot, which he did, not search your entire vehicle. You most likely would have won that argument had you said no, which you did. But, have heard of instances where if there is "suspicion",then they are able to search. You saying "no", might give him "suspicion" to search as you might me "hiding" something, I don't know. Crappy & misconstrued sometimes & probably depends on "who" pulls you over....I'm not a peace officer, just passing on what I have heard of happening sometimes. Maybe, one of our LEO brothers will chime in..I have gotten out of a few tix, by letting them know I have a firearm a head of time though lol just depends on "who" pulls you over

 

[sovietak474u]

That guy was awesome, I now know what to do. I don't like to give people a hard time. I understand they have a job to do but dang. Tonight was too much for me.

 

[drtybykr]

No, you were in the right in your thoughts and opinions and it seems like one of those weird grey area situations. The only thing I could see him doing, is a check on your firearm, to make sure it isn't hot, not search your entire vehicle. You most likely would have won that argument had you said no. But, have heard of instances where of there is "suspicion" and then they are able to search. You saying "no", might give him "suspicion" to search as you might me "hiding" something, I don't know. Crappy & misconstrued sometimes....I'm not a peace officer, just passing on what I have heard of happening sometimes. Maybe, one of our LEO brothers will chime in..

Can tell him no to that as well.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[Ken Ford]

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

Sorry wrong answer, at that point it's an abandoned vehicle, and SCOTUS has dictated that it has to be inventoried. Probably the worst way to handle the situation.Best thing is to say that you do not consent to a search. If the search is continued and they find anything it is "fruit of the forbidden tree" and cannot be used against you. It would be up to the officer to articulate a "exemption" of the fourth amendment. The way the OB described the incident I don't see how any search could be justified.

 

[drtybykr]

Sorry wrong answer, at that point it's an abandoned vehicle, and SCOTUS has dictated that it has to be inventoried. Probably the worst way to handle the situation.Best thing is to say that you do not consent to a search. If the search is continued and they find anything it is "fruit of the forbidden tree" and cannot be used against you. It would be up to the officer to articulate a "exemption" of the fourth amendment. The way the OB described the incident I don't see how any search could be justified.

Not wanting to start another one of our pissing matches Ken, but can you cite that for me please.

 

[sovietak474u]

Sorry wrong answer, at that point it's an abandoned vehicle, and SCOTUS has dictated that it has to be inventoried. Probably the worst way to handle the situation.Best thing is to say that you do not consent to a search. If the search is continued and they find anything it is "fruit of the forbidden tree" and cannot be used against you. It would be up to the officer to articulate a "exemption" of the fourth amendment. The way the OB described the incident I don't see how any search could be justified.

Can you like write a book on what to do when you get pulled over . I'd pay money for that. All these laws make my head spin. When I told him to stop , he did. Which I found odd. I did not know I could keep them totally out of my vehicle .

 

[drtybykr]

Not wanting to start another one of our pissing matches Ken, but can you cite that for me please.

That sounds like all the cars in a walmart parking lot are abandoned, and you can search them at a whim.

 

[Ken Ford]

No, you were in the right in your thoughts and opinions and it seems like one of those weird grey area situations. The only thing I could see him doing, is a check on your firearm, to make sure it isn't hot, which he did, not search your entire vehicle. You most likely would have won that argument had you said no, which you did. But, have heard of instances where if there is "suspicion",then they are able to search. You saying "no", might give him "suspicion" to search as you might me "hiding" something, I don't know. Crappy & misconstrued sometimes & probably depends on "who" pulls you over....I'm not a peace officer, just passing on what I have heard of happening sometimes. Maybe, one of our LEO brothers will chime in..I have gotten out of a few tix, by letting them know I have a firearm a head of time though lol just depends on "who" pulls you over

That argument would get him laughed out of the court room. Unless he has reason, before he asked, he cannot search.