CharleyMarbles
Regular Member
never, ever, for any reason consent to any search. If asked to exit the vehicle, get out of the car, lock the doors behind you and put the keys in an empty pocket.
more good advice !!!!!
never, ever, for any reason consent to any search. If asked to exit the vehicle, get out of the car, lock the doors behind you and put the keys in an empty pocket.
Another point: if asked "do you have any weapons in your car?" state you refuse to answer the question. Don't invoke the 5th, just refuse to answer. You are never, NEVER under obligation to answer ANY question from a cop except for identification--and that in only a minority of the states, to which you could simply hand him your DL. Refusal to answer questions is not RAS or PC in ANY state.
An honest person that thinks he has done everything correct, is going to say "yes". Thats how they get ya.
Two things, 1) Some states require notification; 2) Don't be belligerent, do one of two things, a) change the subject, "I'm sorry, but could we conclude our business here? I would appreciate it if you could just get me on my way back home;" b) "I understand that you are doing your job, but, with respect, I don't wish to answer any more questions; I hope you understand."
Which states require notification that you legally have a weapon in your car? I'm aware of states that require you to show a CCW if you have one and it's needed for carry in a car. Others, like NH, require one to have a concealed pistol in the car but don't require you show/mention having one. If required to notify, the statement should be "I have no illegal weapons." And I agree--be polite and business like. If the cop is doing his job properly and ethically, that is always the correct course of action.
Don't give law enforcement a reason to pull you over in the first place and you'll have nothing to worry about. Just make sure your vehicle is in good working order, registration, insurance and inspections are current, and you're obeying vehicle and traffic law, and you're good to go...... If you get pulled over, there's usually a reason for it - they don't just randomly pull people over for the fun of it here.
Uhhhh...I believe Ohio is one...you would have to browse handgunlaw.us
I beg to differ. A couple of years ago I was working in Plattsburg and ran across a traffic stop where every 3rd car in either direction was being stopped and searched. I complied with FOPA, but I consider myself extremely lucky: I was a third vehicle, but when the State Police saw all the stuff packed into my SUV, they waived me on through. [Whew].
If you're on a time schedule, You may get off, but the damage is already done.
I believe that the PDR of NY considers the federal statute an affirmative defense. That means you can be arrested but at trial, the case would be dismissed. Don't forget, they need a search warrant to check anything in your car if a simple traffic stop. Even a Terry stop only applies to the cab and what is clearly visible. They cannot open your trunk without a warrant or subsequent to an arrest.
Terry stop only says they may pull a passenger out and pat them down. IF AND ONLY IF they are in fear of life. Just because they stop you does not mean that they can frisk you. Cops get this one wrong. they can not just feel you up for weapons they must have a damn good reason
Two things, 1) Some states require notification; 2) Don't be belligerent, do one of two things, a) change the subject, "I'm sorry, but could we conclude our business here? I would appreciate it if you could just get me on my way back home;" b) "I understand that you are doing your job, but, with respect, I don't wish to answer any more questions; I hope you understand."
Amen! I've taught a friend of mine (who happens to be a cop in my city) a couple things about our gun laws. I'm pretty sure he went & re-read them. (I told him to, so he'd be sure I was telling the truth.)Hendu024 said:First of all, never ask a police officer about laws. They tell people incorrect things all the time.
Which I know from experience won't stop all cops, but as pointed out below, it's one more nail in their (legal) coffin when the case goes to court.NavyLCDR said:NEVER, EVER, FOR ANY REASON CONSENT TO ANY SEARCH. If asked to exit the vehicle, get out of the car, lock the doors behind you and put the keys in an empty pocket.
Not too many weeks ago I had police perform an illegal search of my home, find a (combination) locked carrying case, and break the zipper pull off the zipper so they could get into the case. They ended up stealing the case & its contents, which included a pistol.Hendu024 said:combination locks are best. Even if they did stop you, and even if they did illegally search your car, they would have to break the lock to find out what is in it, and that would just be another major point that could be used against them in a court of law during the lawsuit.
And as others have pointed out, you don't have to answer.ronmanci said:The first thing a Trooper asks you when you're pulled over is if you have any weapons in the car.
But when someone is OCing, or in those states where your gun registration is linked to your driving permit, they can't reasonably claim they're afraid of the person shooting anyone, since even the FBI says that criminals don't OC, and long experience has shown that people with priviledge permits don't commit crimes (esp. violent ones).emsjeep said:officers are generally allowed to associate a fear of the presence of weapons with a legitimate fear of imminent violence
You can be arrested. And the NYSP have received orders from Albany to make that arrest. I do believe that. I am a Deputy Sheriff in the Troop F zone and I can tell you for sure, you will never be prosecuted. If the ammo and the weapon are stored seperately and out of hands reach of each other, we do not make an arrest. It's one of those things that the DA's office and the Troopers do battle over, every time a Trooper makes that arrest. Happens more than you think. The first thing a Trooper asks you when your pulled over is if you have any weapons in the car. An honest person that thinks he has done everything correct, is going to say "yes". Thats how they get ya.
BUT, they (DA) will take a stab at you. Get a good lawyer or they will try to get you to take a plea for something else. Basically to Cover their a**es. A good lawyer will get you cleared, and at that point, there is some things you can do legally. The door would now be open for a Federal investigation for violating your constitutional rights. The key is good lawyer.
I know you probably just want to get where you going without any hassels. Drive slow and you should be fine. But bring bail money unless you plan on mailing it.
First and foremost.. The Police are NOT your friend! They don't want to be your friend, they don't want you to be their friend.
Depending upon the circumstances, the Police can (and in a number of cases will), LIE to you and NOT be accountable for it.. whereas if you lie to them.. it can be used against you.
You get pulled over and the cop asks you.. "Do you mind if I look in your vehicle?" That is a very straightforward question. If you say "yes" you're saying "yes, I mind".. and if you say "no" you're saying "no, I do mind".
But watch out and listen for the "negative connotation" asked question. Same scenario as above but the Cop asks..
"You don't mind if I look in your vehicle do you?"
Think about the question that was just asked.
If you say "yes".. you are now saying "yes, I don't mind"! and if you say "no" you are also saying "no, I don't mind"!
Either way you've just given permission to do so to the Cop.
FireStar M40