Does admitting to legal license & carry when asked permit an automatic search?

Does admitting to legal license & carry when asked permit an automatic search?

This is a discussion on Does admitting to legal license & carry when asked permit an automatic search? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello, I know that when you are pulled over and asked if you have a weapon you should say so. I also know that it ...

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Thread: Does admitting to legal license & carry when asked permit an automatic search?

  1. #1
    New Member Array jiggajoe80's Avatar
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    Question Does admitting to legal license & carry when asked permit an automatic search?

    Hello,

    I know that when you are pulled over and asked if you have a weapon you should say so.

    I also know that it is procedure for the officer to ask the location, temporarily take custody, empty the magazine and return the weapon to you.

    What I would like to know is if the weapon is not holstered on your person but concealed IN THE CAR, when the officer goes to locate the weapon in the stated location, does this automatically give the officer a right to search the ENTIRE vehicle

    Can someone point me to a thread?


  2. #2
    Member Array dvickery's Avatar
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    Quote Originally Posted by jiggajoe80 View Post
    Hello,

    I know that when you are pulled over and asked if you have a weapon you should say so.

    I also know that it is procedure for the officer to ask the location, temporarily take custody, empty the magazine and return the weapon to you.

    What I would like to know is if the weapon is not holstered on your person but concealed IN THE CAR, when the officer goes to locate the weapon in the stated location, does this automatically give the officer a right to search the ENTIRE vehicle

    Can someone point me to a thread?
    If pulled over in Oregon, you aren't required to say anything about your CCW license or weapon unless they ask.

    If you are pulled over for a simple traffic violation, aren't displaying obvious signs of intoxication, acting in some type of erratic behavior etc... I don't believe a cop would want to see your gun - In Oregon that is.

    dv
    "A right unexercised is a right lost."

    www.myspace.com/dvickery

  3. #3
    Senior Member Array Devone6's Avatar
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    If asked, always advise an officer you are armed, and have a CCDW. I actually advise you to inform the officer when he approaches even if he doesn't ask, but many will disagree and say ther is no need to do that and it isn't required by law (the latter group have usually never worked in LE or been a LEO). If the officer wants the gun he'll advise you what to do, don't do anything unless he advises. Many times the LEO won't bother with your gun and proceed with the reason you were stopped.
    If he does take your gun, he won't unload it and give it back, that is not an sop of any dept I know of. He the will take the gun, maybe clear the chamber, and keep it until finished with the stop, then return it.

    As far as searching the vehicle, he can do that if he has REASONABLE SUSPICION a law is being broken, or has been broken. It doesn't have anything to do with you having a CCDW and your weapon, as long as your legal. I'm sure many will give more detail, and be more articulate in doing so, but I can't type (or spell) so there is a short answer, but hopefully a start.

  4. #4
    VIP Member Array cdwolf's Avatar
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    If you are out of the vehicle, he is not in danger! Im a little funny about my rights, so if he wants to see it maybe run the numbers, I will hand it to him or he can get a warrant! Every state is diff. In MS my truck is an extension of my home, even though i have nothing to hide I am not going to let them search my truck for no reason! I did once and they tore my car apart, they checked everything, and everywhere!!! It toke 45 min and 3 officers, and they trashed my car!! Most of the time it's on my side so he can take it once i exit! At one roadblock I got some rookie and I just had NS put on my H&K and had it stuck in between my driverseat and center seat, Once he saw my permit he asked where it was and I told him with both hands on the wheel. He asked me to step out with my hands in plain view, so I opened my door from the outside,and exited the truck, shutting my door behinde me! He grabbed my door like he was going to open it and I asked what probable cause he had to enter my truck! He froze, turned to me and said I smell something I think you have been drinking and that gives me the right to do whatever I want! When he said RIGHT my blood was boiling I had just got off work, and the idea that he would make up a charge I told him if he opened my door I was pressing charges for tresspassing and I wanted his SGT. on scene now!! When the shift sgt. got there I explained myself and what had happened and he apoligized! He turned to the other officer and told him to go to the station. After he pulled off very fast I told the sgt. that he could look at whatever he needed to. He told me not to worry about it and he was sorry! I was 2 miles from home and it was 4:00 p.m. on a wed. So unless they have PC I want a warrant! Just my exp. Im sure some of our leo's will chime in!
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

  5. #5
    Ex Member Array Ram Rod's Avatar
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    I also know that it is procedure for the officer to ask the location, temporarily take custody, empty the magazine and return the weapon to you.
    Not "procedure" here in my state. Never heard of that!

    What I would like to know is if the weapon is not holstered on your person but concealed IN THE CAR, when the officer goes to locate the weapon in the stated location, does this automatically give the officer a right to search the ENTIRE vehicle
    Never heard of this either. LEO has never gone looking for my weapon when I notify of CCW (a must at a traffic stop in my state)--or at least show the permit with DL. They usually ask where and what, and that's all. Search for what? That's baloney.

  6. #6
    Member Array MadDog's Avatar
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    It isn’t probable cause if your legal to carry. If I inform an officer and they tell me to step out of my car and they want to retrieve the weapon, I will tell them it is legal to be in my car and I won’t consent to any search. There should be no reason why a officer wants to “search” for the weapon if you are legal and show them your permit. Now, if you roll down your window and marijuana smoke rolls out, or alcohol fumes are rolling out of your car that’s a different story.

    Basically they can’t search your car if you are following the law. Of course this is my two cents, take it as you want.
    I believe in gun control...... Thats why I use TWO hands.

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    Member Array dvickery's Avatar
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    I am of the "educated opinion" that not all cops are savvy on how to handle all hand guns. I wouldn't want a cop handling my gun because all I did was come to a rolling stop..

    An AD into my truck door, or worse would not be good - imagine trying to explain why a dumb cop has been fatally shot w/ your hand gun and all you are guilty of is failing to come to a complete stop at a stop sign.

    dv
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    VIP Member Array cdwolf's Avatar
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    My uncle was pulled over and had a PO try for 5 min.(not joking) to unload his USPc . He ended up giving it to another officer to unload, This blows my mind!! It's stupid simple !!
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

  9. #9
    New Member Array jiggajoe80's Avatar
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    Arrow

    Thank you for quick replies.

    I am very clear to advise LEO when asked.
    -->I AM ALSO OF THE OPINION DON'T ASK, DON'T TELL!!!<--

    It may be or may not be standard operating procedure to take custody, clear and return...I was told by the concealed weapons instructor LAST MONTH that IT IS STANDARD in Florida.
    I am in South Florida if it makes a difference.

    I am just curious that when asked (98% of the time) and the officer DOES choose to retrieve the weapon to run numbers or whatever if it's not holstered on me for him/her to take when I exit the vehicle, if they would go straight to the weapon whereever I say it is
    OR
    if they would retrieve and continue to search the rest of the vehicle. I have nothing to hide but of course it would be a great inconvenience in terms of time and possible damage/trashing. Once they enter the vehicle I figure they have permissable cause.

    Has anyone been in the situation of an officer wanting to see your weapon and has to retrieve it from the vehicle???
    Was back up called?
    Did you get a gun to the head?
    Did your car get searched?
    How much of a head-ache is it to NOT have it holstered

    I would prefer to unholster just to be comfortable while driving.

    I would like to also hear from some LEO on how the handle a civilian when they DO WANT to see the weapon.

    Thanks again!!!

  10. #10
    VIP Member Array Tubby45's Avatar
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    Probable cause is to make an ARREST, not to search.

    Read over Terry v OH.

    If you are out of the vehicle, he is not in danger!
    He could be.

    I can tell you right now, in a court of law if the issue is officer safety versus your 2A, it's officer safety all the way.
    07/02 FFL/SOT since 2006

  11. #11
    Member Array MadDog's Avatar
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    I would also have an issue if the officer wanted to run the numbers on my weapon. Inless he as a reason to believe it's stolen, I don't think they can run the numbers just becasue you have a permit.

    I think I have seen a case about this situation were a guy who was open carrting was stoped with a "man with a gun" report. When the LEO's saw the man was legal I think they tried to run his name to see if he had warrents or something. (I beleive it's on youtube, search for opencarry.org)

    Anyways can any LEO's shed some light on this issue?
    I believe in gun control...... Thats why I use TWO hands.

  12. #12
    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by jiggajoe80 View Post
    What I would like to know is if the weapon is not holstered on your person but concealed IN THE CAR, when the officer goes to locate the weapon in the stated location, does this automatically give the officer a right to search the ENTIRE vehicle
    I think it would be based on why you were stopped in the first place. I do not believe an officer has the right to search your car based just on your weapon.

    Rick

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    This might be PC:



    In Texas it is required to notify LEO, don't know about FL.

    I really doubt a CHL or CWP or CCW or license is probable cause anywhere tho. Just my .02.


    The tyrant dies and his rule is over, the martyr dies and his rule begins. ― The Journals of Kierkegaard

  14. #14
    VIP Member Array cdwolf's Avatar
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    When I was 21 I had a jeep and was going to pick up a friend one night at 3:00 a.m on a sat night! I was pulled over for whatever, we were actully leaving a bar parking lot, my friend called me since he could not drive. I had worked 40 of the last 50 hours getting ready for a company inventory, drinking was the farthest thing from my mind!! Anyway he asked if I had any weapons in the car, which I said yes my first pistol a rossi m88 .38 in a holster, locked in the console.
    He told me to get it and be careful how I grab it!! So I handed it to him holstered, and he unloaded it and ran the numbers. He went to hand it back to me and handed the bullets back and I started to load it, He said don't load that gun as he stepped back! I told him it was loaded when he got it and he could load it reholster it and I would put it back where I had it! He was pissed but he loaded it and gave it back to me but he had his hand on his weapon the whole time!!
    I don't blame these guys Jackson has gotten so crazy you can't blame them! My father was an S.O. for a dozen years, And i have all the respect in the world for the work they do!!! I just hate the fact that most permit holders know more about state law then they do!!!!
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

  15. #15
    Senior Member Array Devone6's Avatar
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    I was LE.

    If backup is called, you have other problems, as a legal CCDW wouldn't cause a call for backup, not to say another officer would'nt assist in a stop.

    Gun to the head?? Please. If I had reason to unholster my weapon, it wasn't to mimic the role of the "bad" cop in the last movie I saw.

    Car being searched-Refer to backup above, something other than CCDW is going on.

    Holstered or unholstered, I don't care as long as your legal, and listen to my requests.

    You do not have to have a warrant to search a vehicle, nor run the #'s on a gun, but the I might do both if I feel there is reasonable suspicion a law is being broken or was broke. Once again if your legal, and backup is called, your gun is ran, and my weapon is drawn, there must be some other issue you have left out.
    I love the way this thread, there have been many similar, always turns into the "dumb cops" can't do this or else, and legal experts from wacthing Law and Order roll out the "whats the cops can and can't do" advice. No one here can give you legal advice, including myself. Just opinions, mine happen to come from a LE background.

    That was not pointed at anyone, just a reminder we've went down this road before.

    Best Wishes and Happy Shooting

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