General Categories > Carry Issues
Conceal Carry question.
JTH:
--- Quote from: Mudinyeri on April 24, 2013, 09:11:59 AM ---Although, with alcohol on the driver's breath, the officer might make a case for probable cause if, let's say, the driver had a NRA or NFOA or similar decal on his or her vehicle.
--- End quote ---
I'm thinking that one would fail horribly badly in court if it even got that far, and the officer and department would end up getting sued, and lose.
(Having a sticker isn't grounds for anything, and just because someone has alcohol on their breath doesn't justify a search of locked containers in a vehicle.)
JimP:
--- Quote ---Having a sticker isn't grounds for anything, and just because someone has alcohol on their breath doesn't justify a search of locked containers in a vehicle.)
--- End quote ---
You don't have to have any stickers: A week ago Sunday, I got pulled over in Papillion by a Sarpy County Deputy for a headlight out. He asked me if I had my gun, and if so, where was it, and said he asked because it came up when he ran my plates, it came up ...... if I'd have had even a little alcohol on my breath, I'd have been in the soup.
HuskerXDM:
--- Quote from: JimP on April 24, 2013, 08:19:57 PM ---You don't have to have any stickers: A week ago Sunday, I got pulled over in Papillion by a Sarpy County Deputy for a headlight out. He asked me if I had my gun, and if so, where was it, and said he asked because it came up when he ran my plates, it came up ...... if I'd have had even a little alcohol on my breath, I'd have been in the soup.
--- End quote ---
Was this after he checked your license? I didn't think CHP status was linked to vehicle registration, just to DL number.
JTH:
--- Quote from: JimP on April 24, 2013, 08:19:57 PM ---You don't have to have any stickers: A week ago Sunday, I got pulled over in Papillion by a Sarpy County Deputy for a headlight out. He asked me if I had my gun, and if so, where was it, and said he asked because it came up when he ran my plates, it came up ...... if I'd have had even a little alcohol on my breath, I'd have been in the soup.
--- End quote ---
Doesn't justify a search of locked containers in the car. Again---just because you have a NRA sticker, a CCW permit, or anything at all does not legally justify a search of locked containers in the car just because you have alcohol on your breath.
And as someone else said---it came up when he ran your license, yes? Not your plates.
Again---if you are pulled over for whatever reason, courts have said that police officers are justified in a quick search of areas close at hand to you in the car. If you do not consent to a search, the fact that you have an NRA sticker on your car, a CCW permit, and are wearing a shirt that proudly proclaims the 2nd amendment is the foundation of all other rights, AND have alcohol on your breath, is still NOT sufficient cause for a search of locked containers in your car.
They'll lose that one in court. Badly. And you'll sue the officer, his department, and his municipality for it, and you'll win.
Now, if you have a concealed weapon on your person, and you DO have alcohol in your system, there isn't anything anyone can do to help you. After all, you are in violation of the law, AND the law can (and will) perform a search of your person and your immediate area if they wish.
If you have alcohol in your system, and have a firearm in a locked container, and were smart enough to separate it from its ammunition prior to locking it up, not only are you not in violation of any law, but it would be a violation of your rights if you did not consent to a search and they opened the locked container anyway.
As a comment: never consent to a search. Period. It'll never help you. It isn't like they are going to find anything to get you OUT of trouble.
Don't argue about searches---if they ask, you say no. If they say, "we are doing it anyway," you say "I do not consent to any search. I will comply with your directives, but you do NOT have my permission to search."
abbafandr:
--- Quote from: jthhapkido on April 24, 2013, 11:19:29 PM ---As a comment: never consent to a search. Period. It'll never help you. It isn't like they are going to find anything to get you OUT of trouble.
--- End quote ---
In fact if you consent to a search you gave up your right against illegal search. In court, they will state that you waived your right. Definitely obey their directions, but do not consent to a search!
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