General Categories > Carry Issues
Pulled over by Nebraska State Patrol
2guns:
This is about illegal search of a serial # on a firearm nothing more nothing less. 90% of the time you know if you are getting pulled over and like I said putting your firearm on the dash would no way even be noticed or I would leave it between the seat where it is also clearly visible. In 20+ years of carrying I have never had an issue with Leo. I also know that my pistol is not stolen but what would happen if the Leo transposed # and it came back stolen. I was trying to get it out that we as law abiding gun owners need to stick together and ensure that our firearms rights are respected by Leo in Nebraska if we don't they will simple be able to stop us because they want to and we just through away our 4th amendment rights.
just_me_mongo:
**This is just my opinion. I don't think there was any reason to run the serial number on your gun. I am not a lawyer, or an officer; not by any means.
I thought that there has to be probable cause...If you were not suspected of any crime - there was no cause to run the serial number.
The issue was the license plate - not your gun.
That said, to me, this was a violation of your privacy.
2guns:
--- Quote from: just_me_mongo on April 28, 2013, 04:53:48 PM ---**This is just my opinion. I don't think there was any reason to run the serial number on your gun. I am not a lawyer, or an officer; not by any means.
I thought that there has to be probable cause...If you were not suspected of any crime - there was no cause to run the serial number.
The issue was the license plate - not your gun.
That said, to me, this was a violation of your privacy.
--- End quote ---
.
Thank you it seems you are one of the few that grasp the nature of this situation. Again I say we as Nebraska fire arms owners need to stick together not tear each other down and say well if you don't have anything to hide what's the big deal.
JTH:
--- Quote from: sidearm1 on April 22, 2013, 12:53:17 PM ---taking possession of weapon, search on serial number, RRS 29-829. Offense, operating motor vehicle without front license plate RRS 60-3,100.
--- End quote ---
Thinking about this again, and taking a look at what you cited, I don't see anything there about running the serial number on the gun. Temporarily confiscating, it, yes (that's common and well-documented by law) but running a serial number check---don't see it.
On further thought---while the police officer can indeed take the weapon (for the officer's safety) I think that I actually agree that running a search on the weapon itself isn't actually covered by the law. Whether or not I think it is a big deal doesn't change the fact that inspecting the firearm and running information on it is NOT covered in this situation.
The person was not held on RAS, there was no probable cause, the person was OCing legally. As such, the officer may hold the weapon for safety until the contact is finished. However, I don't think I've ever seen any justification for keeping the firearm, inspecting it (you have to, to read the serial number) and running a check on that specific firearm.
Anyone know any legal justification for this?
sidearm1:
I know I shouldn't but:
29-829 the pertinent section: "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."
What I have been told by LEOs, the lawfully possessed is where they are gong to run the 10-29 (NCIC) information. This is one way that they prove it is lawfully possessed, and that it wasn't stolen or reported lost or missing. They will also run a 10-39 (triple I) info on the driver to see if there are any restrictions, especially in Omaha and Lincoln where city ordinances are stricter than statewide.
Now I will let the matter go.
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