Conceal Carry Permit constitutes probable cause for a search and seizure

[69360]

Well, she could say, "There might be a gun in all the other cars on the expressway." but that wouldn't give the cops grounds for searching all of those other cars.

That's a strawman. She gave information about the car she was in and where her husband's gun might be. She should have said nothing, but that ship sailed.

YES, They can.
They can pull you over for any reason,, real or made the fuck up.

And the first words out of the cops mouth were
Where is the gun?

That was the reason for the stop.

Of course in reality, we all know some cops make up reasons for stops. But legally they need suspicion of a crime.

I was stopped for suspicion of carrying drugs. Had a van and long hair.

Of course the "reason" for the stop was that my wife didn't have a seat belt on. She showed them that it was properly secured. She never rode without it. The cop then backpedaled and said it was because I had crossed over the center line. More bunk.

There are many ficticious reasons for making a traffic stop.

Who you gonna believe? Well, I know who you would believe.

I believe you, I have no reason to doubt your credibility.

NO. It does not.

He is a legal gun owner.. He has a concealed carry permit..

Even if there is a gun in the car,, and he is traveling ,,he has a right to have it. Period..

Just another stupid fucking cop abusing power.

And after the false arrest,,and illegal search,, NO GUN WAS FOUND.

(see Firearm Owners' Protection Act )
(for all the good that is)

Actually if it had been in the glovebox or console in a state he didn't have a CC, that is not legal. When traveling in a state you don't have CC, I believe it needs to be in a case in the trunk, unloaded. It varies by state of course.

First of all, they weren't conflicting. The wife said, "I don't know.... MAYBE in the glove box." It's quite obvious she didn't know.

Moreover, there's no reason for the officer to care where his gun was. He owned it legally, and what's more, how did he know they had a gun in the first place?

There are so many reasons this story is fucked up, and it's not just because of the search. The whole premise on which the search was based was flawed. Why did he stop them in the first place? Why should anyone care about someone simply possessing a gun? The search was unwarranted because there's no reason for him to ask about the gun.

Also, this is just another example of why you DON'T TALK TO POLICE. When the officer asked him where his gun was, he should have just told the officer he was invoking his 5th amendment right to remain silent and refused to answer the question. It's not something the officer needs to know and the guy was not obligated to tell him.

I think he would have been able to go on his way without a search if his wife kept her mouth shut. They learned a hard lesson.

 

[LibForestPaul]

Wut?

Are you fucking saying that the cop predicted the wife was going to respond in that manner?

WHAT WAS THE FUCKING BASIS FOR THE INITIAL STOP?

.

If a cop follows you for 15 min, he will find a "lawful" reason to detain you. Remember, you and I violate numerous laws, as per LEO's interpretations at the time, numerous times a day.

 

[Contumacious]

If a cop follows you for 15 min, he will find a "lawful" reason to detain you. Remember, you and I violate numerous laws, as per LEO's interpretations at the time, numerous times a day.

Yes, indeed.

And, specially if the vehicle has an out of state Tag from one of the states which recognize CCW.

.

 

[Anti Federalist]

Actually if it had been in the glovebox or console in a state he didn't have a CC, that is not legal. When traveling in a state you don't have CC, I believe it needs to be in a case in the trunk, unloaded. It varies by state of course.

To be clear, under FOPA, this is correct.

Any firearms must be unloaded, separated from ammunition, in locked, hard cases, inaccessible from the passenger area.

But even that is no guarantee, people have been jailed in the "usual suspect" states for stopping enroute, for any reason.

Best course of action?

Plan any cross state travels of places like NY or NJ or CA or IL to be stopless or as stop free as possible.

Never offer any information.

Never consent to a search.