Police Getting Guns Off the Street! - Page 2

Police Getting Guns Off the Street!

This is a discussion on Police Getting Guns Off the Street! within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; In many states, mine included, any person who may legally posses a handgun may have a loaded handgun in a private vehicle, CCW or no ...

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Thread: Police Getting Guns Off the Street!

  1. #16
    Senior Member Array KenInColo's Avatar
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    In many states, mine included, any person who may legally posses a handgun may have a loaded handgun in a private vehicle, CCW or no CCW. Is Florida law different?

    Also, out of all those guns which were removed from the street, what happened to the persons who were in possession of them?

    I wonder how quickly the persons who had their [illegal] guns confiscated obtained replacements?
    An armed populace are called citizens.
    An unarmed populace are called subjects.


  2. #17
    Member Array Chiller2's Avatar
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    Why not get criminals off the streets instead of guns?It is a mandatory 5 yrs in Fed prison for a felon in possession of a gun.Prosecute them in federal court if they are on parole revoke it.

  3. #18
    Member Array KralBlbec's Avatar
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    Quote Originally Posted by LM2024 View Post
    An anonymous tip by itself is never sufficient probable cause for a judge to issue a search warrant, and you'll rarely find a judge that would do that as the case would get dropped due to the exclusionary rule. Any defense lawyer would love to eat that up. An anonymous tip in addition to other supporting testimony and/or evidence would be needed.

    Don't believe what you see in the movies/tv, it seems this is where you get that idea from.

    Of course the reason to make the stop comes first. Don't get your panties in a bunch.
    This isn't going to court, so what a judge would say is irrelevant.

  4. #19
    Member Array Random's Avatar
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    Quote Originally Posted by GoldenSaber View Post
    In all due respect, I think you are reading your own into the story. Nowhere does it say they use the "tips" as a means to show up and search. It says the tip intelligence enhances their efforts. It also clearly says the make sure they have a reason for the stop and that it is conducted in high crime areas.
    What it doesn't say, though, is if they have a reason for the SEARCH.

  5. #20
    Member Array M203Sniper's Avatar
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    They are working hard on targeted enforcement of violent criminals - this is only a "gun" issue on the surface. Lots of stops and lots of discussions of probable cause happened before/went into those stops. I doubt any of the officers want to see the cases thrown out for procedure violations.

    Good for them. Less bad guys getting away with everyday BG stuff means the rest of us can live easier.
    "Words can be as lethal as bullets; Choose them carefully, Aim them well & Use them sparingly."

  6. #21
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    Amen

    Quote Originally Posted by Chiller2 View Post
    Why not get criminals off the streets instead of guns?It is a mandatory 5 yrs in Fed prison for a felon in possession of a gun.Prosecute them in federal court if they are on parole revoke it.
    Amen. And if not in Federal court, prosecute under local state laws at the highest level possible.

    There are darn few crimes committed using guns by folks who legally had them in the first place. If we want to stop violent crime we need to vigorously prosecute the illegal possession of a gun with mercy given only when somehow it was innocently done.

    A 16 y.o. in possession of a stolen hand gun is a life long criminal in the making. Get him off the street.

    A felon or parolee in possession is a violent crime waiting to happen. Get him off the street.

    A wise guy with no priors but illegally carrying concealed is a wise guy who will eventually do what he wants in other matters, because he has no regard for the law or anyone but himself. Get him off the street.

  7. #22
    Member Array Faitmaker's Avatar
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    While they may have a reason to pull a vehicle over, they need more probable cause to do a search of the vehicle. Unless during the stop, they see something in plain sight.

    Or they are playing typical police games with the stoppee with the "you aren't doing anything wrong of course, so you won't mind if I search your vehicle" which should always be followed by "I do not consent to a search".

    Now if they see something or smell something (keep those windows up!) that is enough probable cause.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand

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  8. #23
    Senior Member Array KenInColo's Avatar
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    Quote Originally Posted by Faitmaker View Post
    While they may have a reason to pull a vehicle over, they need more probable cause to do a search of the vehicle. Unless during the stop, they see something in plain sight.

    Or they are playing typical police games with the stoppee with the "you aren't doing anything wrong of course, so you won't mind if I search your vehicle" which should always be followed by "I do not consent to a search".

    Now if they see something or smell something (keep those windows up!) that is enough probable cause.
    The problem with denying a search is this: If you deny the search, you may still be free to go, but your car may not be! They can hold your car until they can get a warrant.

    LEOs aren't gonna be asking to search your car w/out a good reason:
    • You acted funny.
    • The LEO saw you reach under the seat.
    • Leo smelled the joint you just swallowed.
    • Stuff like that.
    An armed populace are called citizens.
    An unarmed populace are called subjects.

  9. #24
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    Quote Originally Posted by KenInColo View Post
    The problem with denying a search is this: If you deny the search, you may still be free to go, but your car may not be! They can hold your car until they can get a warrant.

    LEOs aren't gonna be asking to search your car w/out a good reason:
    • You acted funny.
    • The LEO saw you reach under the seat.
    • Leo smelled the joint you just swallowed.
    • Stuff like that.
    I just witnessed the craziest stuff in Greenville SC this week. I don't think all of the dozens, yes dozens, of cars I saw pulled on I 85 and being searched were doing something fishy. The only rhyme or reason I saw was that the ones I could see had out of state tags. Wanna bet most stops started with, "You don't mind if we do a quick search do you?" If they have to ask they have no PC to search. If they had PC they would not ask. The answer is no, everytime. They have to have PC to get a warrant. Answering a question with "No." is PC? I can see it now.

    Judge "Why?"
    Cop, "Cause they said no to the search."
    Judge, "You got me up for this?" "What's your supervisors number?"

    This is in Florida? As in JL v Florida, SCOTUS. Where a anonymous tip about a gun alone is not PC or RAS for a Terry stop. That's interesting. Hope they are going by the book and not winging it.

  10. #25
    Member Array KralBlbec's Avatar
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    Quote Originally Posted by M203Sniper View Post
    They are working hard on targeted enforcement of violent criminals - this is only a "gun" issue on the surface. Lots of stops and lots of discussions of probable cause happened before/went into those stops. I doubt any of the officers want to see the cases thrown out for procedure violations.

    Good for them. Less bad guys getting away with everyday BG stuff means the rest of us can live easier.

    Notaro and his units focus on the high crime areas of the City of Palms. Tuesday, the officers pulled a teen over for a traffic violation. But it was more than a traffic stop.

    "We'll make sure, obviously, we have a reason to stop them and then we'll see if we can see if we can find guns on the streets or drugs on the street," Notaro said.

    During that stop, no drugs or guns were found so the teen just got a ticket.
    Doesn't sound like a whole lot went into that stop other than, "Hey this kid is speeding. Let's search him."

  11. #26
    Member Array Faitmaker's Avatar
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    Quote Originally Posted by KenInColo View Post
    The problem with denying a search is this: If you deny the search, you may still be free to go, but your car may not be! They can hold your car until they can get a warrant.

    LEOs aren't gonna be asking to search your car w/out a good reason:
    • You acted funny.
    • The LEO saw you reach under the seat.
    • Leo smelled the joint you just swallowed.
    • Stuff like that.
    They can only detain you (and your car - your property) for a certain period. If they have probable cause to get a search warrant, they don't need a search warrant. They can do a search.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand

    NRA Member / Ohio Conceal Carry Instructor
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