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Officers: Ammunition Stash Uncovered During Traffic Stop
Toster:
Chris, can you expand on how he should have answered the cop wanting to do the search? Could the cop have had probable cause?
Like many others, I often have a loaded .45 (CCW) on or near me, but then i also have ~500 rounds of 12 or 28gu shells either loaded or fired in the truck at any given time.
Chris Z:
I am not an Attorney, but here are my thoughts and what my response would be to the officer.
"Officer, I do not consent to any searches".
Now if there was a round in plain view in the vehicle that very well could be the probable cause to search the vehicle compartment for illegal firearms. However my thoughts are that they cannot get into the trunk without your permission.
Federal law specifically permits you to transport firearms in your trunk.
I would be very surprised is if this guy fought this and lost. Most people though just plead guilty or plead down to make the whole mess go away.
Rich B:
--- Quote from: Chris Z on April 13, 2010, 10:05:14 AM ---I am not an Attorney, but here are my thoughts and what my response would be to the officer.
"Officer, I do not consent to any searches".
Now if there was a round in plain view in the vehicle that very well could be the probable cause to search the vehicle compartment for illegal firearms. However my thoughts are that they cannot get into the trunk without your permission.
Federal law specifically permits you to transport firearms in your trunk.
I would be very surprised is if this guy fought this and lost. Most people though just plead guilty or plead down to make the whole mess go away.
--- End quote ---
I disagree about ammo being probable cause.
Would a lighter be probable cause to search for illegal drugs?
Would a Spanish to English dictionary be probable cause to search for illegal aliens?
The vast majority of the population are able to possess firearms and the ammo fired in them. It is unreasonable to think that a round of ammunition would most likely be possess by a prohibited person.
I do agree with "I do not consent." If the LEO starts going on about getting a warrant, tell him to call the judge and get a warrant. While I do not engage in illegal activities and try to keep my vehicle free of debris, it is possible that a person who has been a passenger may have left behind something illegal without my knowledge. I try to associate with people of good character, but you never know.
Chris Z:
We can disagree. I am making that statement based on a conversation I had with a friend who is a LEO. He specifically told me that if he saw a spent shell casing, a live round or even a magazine... That was enough to give him probable cause for a search. Of course I do realize all info on legal issues coming from a LEO may not be reliable. Maybe LawyerJan can chime in on this one.
AAllen:
Probable cause, yes he most likely would have enough probable cause to search the passenger area to confirm you have no weapons in that area that could be a danger to him. But doing a complete vehicle search going into the trunk he would not, higher courts (Fed appeals, don't know about Supreme) have ruled on this and have made a distinction. But then would we expect the Omaha Police Department to follow the law... Just Saying, not bashing police officers as individuals.
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