General Categories > Carry Issues
Conceal Carry question.
2guns:
Do you give up your open carry rights when you get your CC. I'm saying I can go for a beer or two and drive home with my pistol sitting on the seat next to me no problems , so if you do have a CC then can you chose to open carry ? And avoid the rules of CC?
depserv:
On not consenting to a search I agree it probably is a bad idea, but I did once and I think it probably kept me out of trouble.
This was mid 1980s. My friend wanted to leave his car at a dealership for some work and we were driving to an out of town job; it was around 4 AM. I had a .22 rifle in the front seat and a Mini 14 with a loaded 20 round magazine behind the seat in my pickup. A police officer came along and wanted to know what I was doing in a place like that at a time like that. I gave him my reason.
He asked me about the rifle and if I had any other "weapons" in the vehicle. I said no. And of course he asked if he could "look around a little," which of course means will I surrender my 4th Amendment rights. I said OK, believing at the time that "look around a little" meant literally what it said.
He called in 2 other officers and did a full scale search. Found the Mini 14. Asked me if it was full auto (which it wasn't). I had some construction tools that he decided could be classified as weapons.
My friend and I talked to the officers and were respectful and cordial with them. They could tell that we were a couple of working guys. And they let us go on our way.
I never knew if maybe he would have been able to find probable cause to search the vehicle if I had not given him permission. But since I was cooperative he and the other officers decided to let me go.
I wouldn't expect that to happen today. And now I know better than to have one gun in the open and another one hidden, except of course for the one I carry concealed legally. But being cooperative did seem to go a long way toward getting me out of trouble.
00BUCK:
--- Quote from: depserv on April 28, 2013, 09:36:58 AM ---did seem to go a long way toward getting me out of trouble.
--- End quote ---
You were never IN trouble in the first place! You weren't doing anything against the law. I would never give permission to search.
OnTheFly:
--- Quote from: depserv on April 28, 2013, 09:36:58 AM ---I never knew if maybe he would have been able to find probable cause to search the vehicle if I had not given him permission. But since I was cooperative he and the other officers decided to let me go.
--- End quote ---
Just a layman's opinion, but it seems to me if they did THAT thorough of a search and found nothing, then there would have been nothing that would have given them probable cause in the first place. I would assume, that if they had probable cause (smelled alcohol/pot on you, saw something in the car, etc.), they would have just pulled you out and searched. That is why he had to ask.
Fly
bullit:
4 reasons to search 1) RAS (reasonable articulable suspicion (they must be able to articulate to the court why they felt search was warranted). 2) Probable cause 3) Incident to arrest (you've been handcuffed and Mirandized sitting in the back of the cruiser) 4) Exigent circumstances i.e. the Boston Terrorists are hiding under your back seat (okay being a little sarcastic hear but that is an example). As has been stated before, you do yourself NO favors by consenting. If you are going to be arrested it is going to happen no matter the "favor" you think you are doing for the LEO. They are fishing otherwise.....
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