Something I saw on TV made me feel uneasy

Something I saw on TV made me feel uneasy

This is a discussion on Something I saw on TV made me feel uneasy within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I want opinions on something I saw on Discovery Channel recently and has been on my mind(maybe some of you saw it as well). I ...

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Thread: Something I saw on TV made me feel uneasy

  1. #1
    VIP Member Array cmdrdredd's Avatar
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    Something I saw on TV made me feel uneasy

    I want opinions on something I saw on Discovery Channel recently and has been on my mind(maybe some of you saw it as well). I forget the show, but a group of US marhsalls were in Miami, DC, and New Orleans. In Miami they were searching an apartment complex for drugs and guns that are used by local gang members. I believe they had a few prime suspects they wanted to apprehend too.

    So here's what happened. They stop a man who has a .40 Taurus on him. He has a CCW and had the gun concealed. They ask him some questions and ask if they might be able to check his vehicle out as well. He agrees and gives them the keys. In his trunk, behind a large speaker box, they find an AK-47 which is unloaded and there is a single fully loaded magazine in there too. Now, I know the law says "securely encased" for firearms you keep in the car. I'm assuming the law he broke was keeping it outside of any case or box? They arrested him but they did not mention the charges.

    Not that it concerns me much but at first glance I said he had a permit so why did they go so far anyway? Obviously the mistake was allowing the search, but he did not have it encased. It was a bad area, high drug traffic, gang activity, lots of gang related violence etc.

    Now I'm wondering how many gang members and persons of questionable character get CCW permits to have an easier time of carrying a loaded weapon around, thus harming the image of other CCW holders when they are caught in criminal activities.

    The memorable line? "That's the cop killer gun" (referring to the AK-47). I laughed, as far as I know any gun could potentially kill a person. I know the AK gets a bad rep from the various gangs etc. Legally though, I can own one if I choose to and it wouldn't be any more or less deadly to LEOs than my .22lr since I wouldn't use it in that way.

    Anyhow, it's something I saw that made me feel weird. I didn't know whether they did a good job, or were giving someone a hard time because he decided to carry. I obviously don't have all the info about the person in question, whether or not he had any affiliation with gangs etc.
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  2. #2
    Member Array Biomortis's Avatar
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    Hard to say since 100% of all TV is produced for entertainment and it of course gets biased towards the producers views. Footage gets edited out of order to make it seem more shocking than it is. Almost anything could have happened and the show just left out details. Hypothetically, he could easily have had an outstanding bench warrant for something simple like failure to appear in court, but the producers cut it to make it look like he was arrested for the gun. Now I'm not saying that's what happened but it easily could have.

    Mike Rowe wrote a great little post on his awesome show, Dirty Jobs, how even they do things to make the show more exciting. While they don't script it, they will do something they know will probably cause hilarious failure because its good television. I am paraphrasing here but his parting comment was, "If there is one thing you NEVER see on TV, its reality."

    To get the facts you would need to track down the events to where it actually happened but that's probably impossible. Do you remember what was on the screen when the Cop Killer Gun line was said? Often they will take long shots of items and then voice over additional material. Hollywood is brutal about ignoring reality.

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    Senior Member Array InspectorGadget's Avatar
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    Here is section 790 from online sunshine.

    Statutes & Constitution :View Statutes : Online Sunshine

    Here is FS 790.25

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0790/SEC25.HTM&Title=->2009->Ch0790->Section%2025#0790.25

    (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
    In the trunk seems to be Legal. They must have arrested him on another charge, the editors just left that part out.
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    Member Array athos76's Avatar
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    Securily Encased means in any snapped holster; bag that zips, snaps or uses velcro; trunk, glove box or console, or trunk. If it is not readily accessible to the person it is legal. They probably edited it out...or it was a bunch of feds who didn't know all of Florida's laws.
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    If I'm not mistaken a Florida CWFL does not allow you to conceal or carry a rifle.

    Not really the OP's question but I thought I'd make that point.
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  6. #6
    Member Array Arisin Wind's Avatar
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    I don't remember any limitations on the Florida CWP about rifles.
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    Distinguished Member Array randytulsa2's Avatar
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    When the police ask to search, think of Nancy Reagan: "Just say 'No'".
    "...bad decisions that turn out well often make heroes."


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    Distinguished Member Array ArmyCop's Avatar
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    So many people forget - you can say NO when they "ask" for permission for further search's. They asked him and he gave permission.

    I was taught in the Federal Police Academy - if you don't have probably cause and have to "ask" - and they say "no" - then that's it - let em go.
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    Distinguished Member Array MinistrMalic's Avatar
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    Nothing like waiving your 4th Amendment rights and getting arrested for it!

    I would be very cautious to accept what you see on a TV show, because it has been heavily edited to make it exciting viewing. There was probably a lot more behind that arrest.
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    Member Array Spike32's Avatar
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    NEVER, EVER consent to a search. 99.9% of the time it's a fishing expedition and they would never ask for a warrant.
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  11. #11
    Member Array Geno's Avatar
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    With some of the multijursdictional get togethers that has LE from all over, those LE may not be well versed on state law. A CIA buddy of mine explained that to me years ago. He said that one instance was around the Fort Riley/Junction City, Ks area. The Kansas bunch had to line out some of the officers from out of state.

  12. #12
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    Quote Originally Posted by randytulsa2 View Post
    When the police ask to search, think of Nancy Reagan: "Just say 'No'".
    Bingo

    Doesn't need to be a gun.

    A guy here in Va was arrested because he had a pair of bolt cutters.
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    Member Array JB-Norcal's Avatar
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    Regarding the 4th, this has been around here before but I'll post the link anyways-
    How to Flex Your Rights During Police Encounters

  14. #14
    VIP Member Array packinnova's Avatar
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    I saw the same episode and about dropped bricks when he consented to the search. They were on a power tripping "we're the good guys and everyone else is bad" run. Some of those fools need a good .
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    Member Array tjsjr's Avatar
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    Quote Originally Posted by ArmyCop View Post
    So many people forget - you can say NO when they "ask" for permission for further search's. They asked him and he gave permission.

    I was taught in the Federal Police Academy - if you don't have probably cause and have to "ask" - and they say "no" - then that's it - let em go.
    Quote Originally Posted by Spike32 View Post
    NEVER, EVER consent to a search. 99.9% of the time it's a fishing expedition and they would never ask for a warrant.

    UMM... not trying to argue but wouldnt saying no give them cause to think you are hiding something and then do the search with the probable cause effect? thats always been my thinking.

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