NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: FarmerRick on March 22, 2010, 01:03:17 PM
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http://www.ketv.com/news/22908853/detail.html (http://www.ketv.com/news/22908853/detail.html)
OMAHA, Neb. -- Omaha police said they made and traffic stop Friday and uncovered hundreds of rounds of ammunition in the vehicle.
Officers pulled over the vehicle near 13th Street and 13th Court. An officer spotted a round from a .22 rifle in the passenger door's compartment, police said.
A subsequent search uncovered an unregistered .357 Magnum in the trunk along with two magazines for a .380 Colt, police said.
Hundreds of shotgun shells and rifle rounds were also found in the trunk.
Gregory Maltloch was cited for having an unregistered weapon.
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How can we find out if this person is a resident of Omaha?
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Can't find a single thing on this guy. My best guess is the news media has his name misspelled
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Since when is posession of a cartrige cause to search a persons vehicle?!
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Where there is a casing, there might be live ammo. And where there is live ammo, there might be a gun. And where there is a gun, there might be a way to call it illegal in Omaha. Oh yes, that is probable cause, right? ::)
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Like 99% of people who don't know any better, he very well just gave the officer permission to search
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Some of the readers' comments are a little discouraging... but not surprising. :-\
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Ok, let me get this right, the .357 was in the trunk, so isn't that the legal place to keep it if not carrying? I was under the impression that you only had to register if you were carrying on or about your person. And if empty casings are grounds for search, then I'm screwed, what with the empty 12GA shells/ boxes and blue rock and perfferated cans and bottles in the truck bed, or maybe the cup full of spent reloadable brass and targets in the tool box, or maybe the box of .22 and .410 behind the seat next to the rabbit gun(s). (One reason I got my permit in the first place).
This gets more confusing every day, I went to hang out with my kids today in the big O, and because of this story, I almost thought about not carrying. ;)
I guess, I'll have to break down and put myself on Omaha's watch list, just so I know I won't be disarmed and not be able to defend my children in 'Gangtown'.
(I'm sorry to go off, but I come from a time and place not so long ago nor far away, where there was always at least one rifle (more during deer season) or shotgun in every truck in town, even in the school parking lot (teachers and students), Hell one of my classmates even modified a semiauto handgun as a metals shop project.) And the crazy thing was nobody got killed.
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Don't do anything rash yet(registering), patience is a virtue... ;)
My best friend made an eight foot tall genuine operating guillotine for a project in our 11th grade shop class. >:D
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Like its a bad thing to have ammo in your car?! I've got a small military ammo can in my trunk that has 300rds of 9mm and 1100rds of .22 in it. I absolutely hate the news media's bias. With this article they give people the perception that ammunition in a vehicle is illegal.
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I am an old red neck mountain boy from wyoming. I only lived in outstate Nebraska for 40 years. What is this **** about registering firearms anywhere in Nebraska? If this is true I'm a screwed goose. I don't mean ccw.
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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.
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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.
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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.
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.
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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.
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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.