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Does Concealed Gun Give Cops Right to Search You?
AAllen:
http://www.opposingviews.com/i/politics/does-presence-concealed-weapon-create-reasonable-suspicion-a%C2%A0crime
No Comment at this time...
SemperFiGuy:
HERE'S THE NEBRASKA CODE ON STOP AND SEARCH FOR DANGEROUS WEAPON
An LEO can Getcha! if you are about to commit a crime. How does he know??
He knows!!
Section 29-829
Stop and search of person for dangerous weapon; when authorized; peace officer, defined.
A peace officer may stop any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime and may demand of him his name, address and an explanation of his actions. When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects he is in danger of life or limb, he may search such person for a dangerous weapon.
If the peace officer finds such a weapon or any other thing the possession of which may constitute a crime, he may take and keep it until the completion of questioning, at which time he shall either return it, if lawfully possessed, or arrest such person. For purposes of this section, peace officer shall include credentialed conservation officers of the Game and Parks Commission.
Source:
Laws 1965, c. 132, ยง 1, p. 471
Annotations:
Totality of circumstances provided sufficient justification for investigatory stop where defendant fit "profile" of burglary suspect and engaged in specific activities which aroused the suspicions of the police. State v. Van Ackeren, 242 Neb. 479, 495 N.W.2d 630 (1993).
For a detention pursuant to this section to be lawful and justifiable, the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. State v. Bridge, 234 Neb. 781, 452 N.W.2d 542 (1990).
A brief stop of a suspicious individual in order to determine his identity or to maintain the status quo momentarily while obtaining more information may be most reasonable in light of the facts known to the officer at the time. State v. DeJesus, 216 Neb. 907, 347 N.W.2d 111 (1984).
An investigative stop under this provision is justified by objective manifestation that the person is, has been, or is about to be engaged in criminal activity. To determine if the cause is sufficient to authorize a stop, the totality of the circumstances must be considered. State v. Ebberson, 209 Neb. 41, 305 N.W.2d 904 (1981).
Informal detention for investigation may be lawful although probable cause for formal arrest may not exist. State v. Von Suggs, 196 Neb. 757, 246 N.W.2d 206 (1976).
A peace officer may stop any person, whom he suspects, in a public place, and demand his name, address, and an explanation of his actions. State v. Brewer, 190 Neb. 667, 212 N.W.2d 90 (1973).
Peace officer may stop person in public place whom he reasonably suspects of committing, having committed, or is about to commit a crime and may demand his name, address, and an explanation of his actions. State v. McCune, 189 Neb. 165, 201 N.W.2d 852 (1972).
Detention and search without a warrant based on statements of informer and observations of the officers was proper. State v. Goings, 184 Neb. 81, 165 N.W.2d 366 (1969).
Peace officer may stop a person for questioning whom he reasonably suspects of having committed or is about to commit a crime. State v. Carpenter, 181 Neb. 639, 150 N.W.2d 129 (1967).
Informal detention is permissible in spite of lack of probable cause. State v. Hoffman, 181 Neb. 356, 148 N.W.2d 321 (1967).2. Search
Where four officers were required to subdue defendant who ran from investigatory stop which was justified by reasonable articulable suspicion, it was also reasonable to pat defendant down for a weapon. State v. Van Ackeren, 242 Neb. 479, 495 N.W.2d 630 (1993).
During an investigatory stop, officers may search a suspect's vehicle in order to secure their safety or the safety of another if they have reasonable belief, based on articulable facts, that they or other persons are in danger. State v. Gross, 225 Neb. 798, 408 N.W.2d 297 (1987).
The search of the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden, is permissible if the police officer possesses a reasonable belief, based on specific and articulable facts, which reasonably warrants the officer to believe the suspect may gain immediate control of weapons. State v. Pierce and Wells, 215 Neb. 512, 340 N.W.2d 122 (1983).
Investigative stop and search of auto by police held unconstitutional where officer had no reasonable suspicion the occupants were committing, had committed, or were about to commit a crime. State v. Colgrove, 198 Neb. 319, 253 N.W.2d 20 (1977).3. Miscellaneous
The officers' actions in parking their car behind the appellant's vehicle, approaching the appellant and a companion with guns holstered and identifying themselves as officers, and then inquiring whether either possessed a controlled substance or a large amount of cash were not tantamount to an arrest and did not require probable cause, but instead required a lesser standard, namely, that the officers possess a particularized and objective basis for suspecting the person stopped of criminal activity. State v. Longa, 211 Neb. 356, 318 N.W.2d 733 (1982).
rluening:
No, it doesn't. It may be argued that they have the power to search you based on possession of a concealed weapon, but they don't have any rights beyond those that I have.
People have rights. Governments and officials of governments have powers and duties.
/rl
Gunscribe:
What the article does not mention is that the quoted statute also states that one can legally carry a concealed firearm without a permit on property owned or leased and in a private means of conveance. If the Store manger knew they were carrying and had not told them they could not then tacit approval under the law would have made it legal for them to carry as employees on employee property.
The fact that one is a convicted felon entirely negates the above.
unfy:
before hand --- SFG -- you're a machine :D
We'll.... skip... some of the 'initial stages' of the stop/search for a moment.
To start, in NE, we are required to surrender the weapon to a peace officer if asked to. Plain and simple. So surrendering the weapon is not debatable.
After declaring concealed carry, producing permit, and surrendering the weapon - additional searches is probably going to be wholly conditional based. By doing all of these things, it might be possible to argue that you've demonstrated that you're just a law abiding joe schmoe. However, as noted by SFG, the law tends to side with the police for this kind of thing... so... you can prolly expect a further search if the officer is being thorough or still uneasy about things. And, with SFG's notes above - he is probably well within his legal right to do so.
For the fun bits... the whole initial stop / etc.
A 911 call was placed about two armed men in a convenience store that were displaying their weapons. So.... the officer was going into an unknown situation where he knew that there were possibly two armed men.... and that the situation had made someone uneasy. If that person was just a gun-o-phobe is... whatever.
The officer arrived and secured the weapon immediately and then started asking questions.
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So a 911 call alerted police to suspicious activity with a weapon, an officer arrived and secured the firearm from someone who was obviously in possession of one. Given the 911 phone call.... I don't particularly see this as overtly evil.
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Now, if I'm at the local QT, and an officer sees that I've got a concealed weapon on me and makes official contact based on simply seeing the weapon (no prior alerts or similar).... then.... it's.... muddy (in my view at least).
But.... assuming he does... and you declare yourself, produce permit, and optionally surrender the weapon... i would find it difficult to see an officer continuing to search you. The concern was about the weapon, you've shown yourself honest and within your rights... attempting to continue the search just seems to be really dubious on their part.
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