Probable cause when a firearm is in the car

[sovietak474u]

So did he have the right to grab and clear my firearm?

 

[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

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

I agree, but not everyone knows all the laws and just is going to do as they are told. Alot of people are intimidated by law enforcement. You have to educate yourself a little bit, so you don't get taken advantage of, like you mentioned earlier. I've been pulled over enough and have a few family members that are LEO, to know better myself, lol. Also, knowing someone in LEO, does not necessarily get you out of tickets. I think it makes them more pissed and that you look like a DA, lol from my experience.

 

[Ken Ford]

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

Road blocks don't happen in Wally"s parking lot. Don't give anyone any ammunition to use against you. Let someone else make the mistake.

 

[NWSharpshooter]

So did he have the right to grab and clear my firearm?

Should have bladed at a 45 degree angle.







Just sayin

 

[sovietak474u]

Should have bladed at a 45 degree angle.







Just sayin

Your off the chain tonight. You been drinking sir?

 

[obiwan]

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 .

That's why I posted this a while back http://www.theoutdoorstrader.com/showthread.php?t=28706

 

[Ken Ford]

So did he have the right to grab and clear my firearm?

I can't say that I agree just on the presence of a weapon, but the SCOTUS has sided with the officer and allowed a wide latitude when it comes to officer safety. Anything further probably would not be legal. I know I keep saying this but my opinion in this particular case is based on the OPs description of the incident, but every incident is different. I don't know why he wanted to search. Sounds like a fishing expedition, but who knows.

 

[NWSharpshooter]

Your off the chain tonight. You been drinking sir?

I can neither confirm nor deny that. Am I free to go?

 

[Ken Ford]

I can neither confirm nor deny that. Am I free to go?

LOL

 

[BackWoods]

I can neither confirm nor deny that. Am I free to go?

LOL

LMFAO!