Tell...Don't Tell, Part Deux
This is a discussion on Tell...Don't Tell, Part Deux within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I don't know if this should be here, or in the Law Enforcement section. A question for the LEO's among us:
I have been told ...
April 28th, 2005 03:53 PM
Tell...Don't Tell, Part Deux
I don't know if this should be here, or in the Law Enforcement section. A question for the LEO's among us:
I have been told that, in the event I am stopped by an officer, and I volunteer the information that I am carrying, I have provided a basis for the officer to search my car. In Virginia, the CCW information is tied to the driver's info, so the officer should already know, but by my volunteering information about the contents of my car, I have established grounds for a search. Is this true in other states, as well? Respect and courtesy aside, this would appear to be an argument for remaining silent.
April 28th, 2005 07:08 PM
VIP Member (Retired Staff)
I am interested to know on this one Tom. In PA there is no obligation under law to declare carry with a traffic stop (not tied to D/L either) but I have always felt that as a courtesy to the officer - and also a means to show I am a good guy - I would prefer to be up front.
Not so much however if I was inviting a search. I don't think that is the case but now you raise the question - I am wondering.
Chris - P95
NRA Certified Instructor & NRA Life Member. "To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."http://www.rkba-2a.com/
- a portal for 2A links, articles and some videos.
April 28th, 2005 07:39 PM
I'm not a LEO, but the question was somewhat asked during my CCW class with respect to a traffic pullover. I've said elsewhere, but if the LEO asks to see your DL, then you must also show him/her your CCW permit. If the LEO does not ask to see your DL, then you need not show or mention the CCW permit. If the former occurs, it is not grounds for "probable cause" in searching your vehicle. We were told that most LEOs may ask where your carry weapon is located but will never ask you to reveal it. They just want a warm and fuzzy.
"Endeavor To Persevere"
Chief Dan George
April 28th, 2005 07:45 PM
In Louisiana, you are obliged to inform an officer who approaches you (for any reason) that you have a permit, and that you are armed. If you're not armed, of course, no problem - but your CCW permit is linked to your drivers licence, so if you're stopped, they'll know you have a permit, and will probably ask you if you're armed anyway. If you don't inform them on your own initiative, your permit can be suspended or canceled.
April 29th, 2005 06:11 PM
If you have a CCW permit and the LEO is so informed of it by his check of your license----- What would be some of the"GOOD REASONS" to ask to see your weapon. He knows that you are one of the good guys. To touchie-feelie your private property seems to me to be a little chest pounding on his part. I respect LEO's and the tough job that they have to do but we all have to remember that we all are innocent until THEY can prove us guilty of something. If I was speeding then their dicission is weather to give me a ticket or not. I don't need or expect to have a LEO scrutanize my personal property unless they have probable cause. This is just one respectful opinion.
April 29th, 2005 10:51 PM
Without getting long winded and citing specific case laws here it goes........
vehicle searches can be conducted:
1. with a search warrant.
2. search incident to a lawful arrest, which includes all containers, locked & unlocked.
3. with consent of the owner or person in control of the vehicle at the time.
4. inventory search conducted when the vehicle is impounded
There is a lesser expectation of privacy in a motor vehicle than in a residence, for obvious reasons.
With that said, in WI we are not a CCW state. There maybe state laws that do change the rules. These rules should be clearly found in your licensing requirements, I would expect.
April 30th, 2005 01:58 AM
Whether required or not, I would still inform them. I believe that by telling them that you are legally carrying it indicates that you are concerned for their safety and being upfront with them. In most cases; there will, of course, be exceptions. I have not been stopped while carrying concealed. I have been stopped while carrying openly (legal in AZ). When he came up to my window and asked for my license, registration and insurance card, I informed him that I had a loaded gun in my possession. He asked where it was. I leaned back a bit and pointed at the grip sticking above my console. He asked if I would mind handing it out to him until we through, which I did. Giving him all of my papers he went back to his car, returning in a couple of minutes, handed me the (now unloaded) gun back still in the holster. He then handed me the magazine and asked that I put it in the glove box until he pulled away. He then handed all of my papers back to me, without a citation, thanked me for my courtesy in disclosing that I was carrying, told me to slow down (I was in fact speeding) and left. DPS officers are very polite when they stop you for a routine traffic stop. But, 99 times out of 100 you are going to get a righteous citation. I am convinced my not getting cited was because I voluntarily disclosed that I was armed. I know when I was working traffic, those that were honest with me and/or showed concern for my safety normally did not get a ticket.
Coimhéad fearg fhear na foighde; Beware the anger of a patient man.
April 30th, 2005 11:24 PM
There's nothing illegal about you carrying a gun, so I'd have to assume that telling the officer you are legally armed isn't PC for a search.
May 1st, 2005 09:51 PM
Seen this subject on three sites in the last 10 days.
Simple....follow the law.
The only addition I add to above is this...if in a state you do not have to declare, I declare IF I am asked to leave my vehicle.
Inventory....you can waive inventory of your vehicle.
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