Just so you know which of the two you grabbed when putting it to your mouth...
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Probable cause when a firearm is in the car
- Thread starter sovietak474u
- Start date
Just so you know which of the two you grabbed when putting it to your mouth...
I wonder if the "Hammer and Sickle" on the back glass affected the way you were treated. Ha Ha Just Kidding, as this is normal police BS!!
Generally, no. However, due to the mobility of cars, time does not permit a search warrant to be obtained. As a result, vigilant police are motivated to search suspicious automobiles. However, the police officer must have probable cause to believe that contraband is concealed somewhere.
In essence, merely being stopped for speeding should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. Or, if the officer smells marijuana as he approaches the car, he may have an articulable suspicion to search.
It is unreasonable to make a search of an automobile when the arrest is for a minor traffic violation (like speeding), as a subterfuge for a search for evidence of a serious crime. Yet, the many automobile exceptions are based on the lower expectation to the right of privacy in a car versus a home and the fact that cars are mobile and evidence can be more readily disposed.
In addition, while it might seem unfair, an officer is allowed to search a car based on a pretext. This means that if you look suspicious to the officer, he can find any reason to pull you over, then look for probable cause while he talks to you on the side of the road. The Supreme Court has stated that it doesn't matter how flimsy the initial stop was, if the officer then has probable cause, the resulting search is legal.
There is always the "officer safety" exception as well. If the officer says he saw you bend over as if to hide something under the seat and that he feared it was a gun, then he would be upheld by most judges as reasonably protecting his own safety during the speeding stop. If so, any drugs he found instead would be legally used against you.
Pulled this off the web. The police can do just about what they please in regards to your car and this story of yours does bother me with the number of young cops on the roads that have watched way to many Bad Boys episodes. It would piss me off if he picked up my gun but cooperating with the law is the only option you got that wont land you with a ticket or in jail for a day so just be sure you are carrying a Glock that most cops know how to operate and isnt a family herlume.
In essence, merely being stopped for speeding should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. Or, if the officer smells marijuana as he approaches the car, he may have an articulable suspicion to search.
It is unreasonable to make a search of an automobile when the arrest is for a minor traffic violation (like speeding), as a subterfuge for a search for evidence of a serious crime. Yet, the many automobile exceptions are based on the lower expectation to the right of privacy in a car versus a home and the fact that cars are mobile and evidence can be more readily disposed.
In addition, while it might seem unfair, an officer is allowed to search a car based on a pretext. This means that if you look suspicious to the officer, he can find any reason to pull you over, then look for probable cause while he talks to you on the side of the road. The Supreme Court has stated that it doesn't matter how flimsy the initial stop was, if the officer then has probable cause, the resulting search is legal.
There is always the "officer safety" exception as well. If the officer says he saw you bend over as if to hide something under the seat and that he feared it was a gun, then he would be upheld by most judges as reasonably protecting his own safety during the speeding stop. If so, any drugs he found instead would be legally used against you.
Pulled this off the web. The police can do just about what they please in regards to your car and this story of yours does bother me with the number of young cops on the roads that have watched way to many Bad Boys episodes. It would piss me off if he picked up my gun but cooperating with the law is the only option you got that wont land you with a ticket or in jail for a day so just be sure you are carrying a Glock that most cops know how to operate and isnt a family herlume.
report him. he had no right to run your gun numbers, nor remove it from the car.
in fact in georgia i dont even think your required to tell them if a gun is in the car (if they ask, then maybe, but i know you dont have to volunteer that information)
in fact in georgia i dont even think your required to tell them if a gun is in the car (if they ask, then maybe, but i know you dont have to volunteer that information)
Lol.....carry a black powder pistol and see if they can clear that!
They probably had a high suspicion of communism which justified their wanting a more detailed search.
I'd consider yourself lucky one of them fellas weren't a direct descendant of an inglorious bastard and you didn't wake up with a new hairstyle today.
I'd consider yourself lucky one of them fellas weren't a direct descendant of an inglorious bastard and you didn't wake up with a new hairstyle today.
I think you got profiled! Stuff like this is always happening to guys like me and you. You Know only the bad guys have Tattoos,lol
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I had a jacket on so he did not see the tattoos. I did not tell him I had a gun til he asked.
He did not have any trouble with the gun. I guess he had seen a heel release before , I dunno.
He did not have any trouble with the gun. I guess he had seen a heel release before , I dunno.
Uh, I have visible tattoos...
