A couple of questions for our LEO members.

[Sigblaster]

Suppoose you pulled me over for speeding. Nothing crazy, maybe 45 in a 35. As you approach my Suburban, you see a couple of rifle cases in the cargo area.

1. Do you request to see the guns so you can run the serial numbers or check for illegal configurations (SBS, unregistered MG)? What if I refuse?

2. What if the cases are locked with combination locks and I refuse to open them? What actions do you take next?

I'm also interested to know what you would do versus what you think some of your fellow, less 2A friendly, officers might do.

 

[Fireaxes]

I'm only a Fireman so I would prone you out and stomp on you with my bunker boots. Cause, you know EMTs and Firefighters really do that stuff all the time now a days. And, that's the real reason we have tools is to break into your stuff.

 

[Fireaxes]

Don't mind me. I was out pulling over speeders all night with my blue light.

 

[cedartop]

Can't see this going anywhere good. Anyways, I would survey the totality of the situation and most likely after a little small talk and a speeding warning, (unless you were an a-hole) send you on your way.

 

[Kirk Freeman]

Sig, is your question, "when can the police search my car, and if they search my car can they search containers therein?"

 

[Sigblaster]

Don't mind me. I was out pulling over speeders all night with my blue light.

I didn't think you guys had any law enforcement authority outside of Arby's?

 

[Sigblaster]

Sig, is your question, "when can the police search my car, and if they search my car can they search containers therein?"

Sort of. I routinely read stories of people who have their guns checked at traffic stops. I'm curious to know if some LEOs consider the mere presence of locked rifle cases to be PC or RAS to examine the weapons and run the numbers, and how they would react if the cases could only be opened by the owner and the owner refused to do so.

 

[Sigblaster]

Can't see this going anywhere good. Anyways, I would survey the totality of the situation and most likely after a little small talk and a speeding warning, (unless you were an a-hole) send you on your way.

Let's assume for this discussion that I was polite and not being an a-hole. I would just politely decline to open the cases if asked.

 

[abnk]

Let's assume for this discussion that I was polite and not being an a-hole. I would just politely decline to open the cases if asked.

You're not an a-hole? That's stretching the truth a bit. Seriously though, I would think that they would at least shoot your dog.

 

[GPD177]

No I would not check the cases. A regular traffic stop, with no other circumstances, would not lead me to take an interest into locked long gun cases. I might ask what you have, simply as one gun owner to another, but would have no reason to go further than that.

 

[Sigblaster]

No I would not check the cases. A regular traffic stop, with no other circumstances, would not lead me to take an interest into locked long gun cases. I might ask what you have, simply as one gun owner to another, but would have no reason to go further than that.

Any idea how some of your coworkers might handle a situation like this?

 

[paddling_man]

I'm an engineer, not an attorney, Jim!

That said, I would bet a locked case, in plain view, a LEO could request to see the contents and legally expect cooperation.. I might or might not insist on his bringing a supervisor out to complete this demand.

I believe that a locked case/box/safe attached to the frame of the vehicle may fall under a different view as being something that there is an implied privacy behind and a warrant would be necessary that stated specifically what they wanted to search for in the safe.

Again, non-attorney speculation and hearsay from me and doesn't directly address the question. I BELIEVE the rules are: plain sight and they get to examine. Out of sight, only with your permission or a warrant. A safe semi-permanently attached to the frame but in plain sight... my impression was a warrant was required without your permission.

 

[Liberty Sanders]

I would ignore the gun cases. They are irrelevant to the traffic stop. I am, of course, a dinosaur.

If the cases are locked a search warrant will be required to compel you to open them against your will.

 

[Tommy2Tone]

This situation happen to be last weekend. The office did not ask to look inside.

 

[03mustgt]

This situation happened to me last weekend. The officer did not ask to look inside.

Fixed!

I would simply ask what you had inside of the cases like previously said above to satisfy my own curiosity. Then continue with addressing the reason for the stop, which would probably be a warning.

 

[03mustgt]

Any idea how some of your coworkers might handle a situation like this?

If they have no legal right to search your vehicle, then the presence of a locked rifle case would (IMO) not be enough to be PC for a warrant. However, if the reason for the stop was expired license plates, then your vehicle could be towed and an inventory search conducted. Dept policy would then dictate whether the locked containers could be searched.

 

[vitamink]

Most would just ignor them.

As you explained your demeanor and attitude was cool and calm at most you'd get a ticket but probably not as most officers i know have no intention of writing tickets (unless they work traffic)

I'll give you an example of the opposite. An officer i know was driving on 70 wb towards the city on his way to an inc. 911 near the APC. As he approached the N split a female driver blows his doors off and he was at 65 (limit 55). The officer pulls the female over with no intention of writing a ticket. As the officer approaches the female leans out the window and yells "the **** you stoppin me fo?" Officer askes for license/registration and explains that she was doing over 70 (more like 80+) in a 55 and that she shouldn't be suprised that he stopped her. She replied, "i wuz passin" implying that speed limits cease to exist as long as you are trying to go around someone. The lady had now earned herself a ticket. As the officer was in the process of writing the ticket the female exits the vehicle to inform him to hurry the **** up as she is late taking her infant baby to her baby daddy's house along with other racial slurs and sexual orientation slurs. The officer runs the female and finds she is driving while suspended with a prior conviction. Now she goes to jail, much to her foul-mouthed disbelief. The vehicle gets towed and inventoried and the baby goes to CPS. CPS arrives for the baby. Underneath the baby in the baby seat is 1 kilo of cocaine.

Had she not been speeding she wouldn't have been stopped.

Had she not been a pain in the ass she wouldn't have been given the ticket

Had she not continued to run her mouth she wouldn't have been arrested

Had she not continued to push the issue the officer would have called the father to pick up the car and the baby instead of towing it.

Had she not continued after that he would have never found the cocaine.


Moral of the story is "you catch more fly's with honey". You can be nice or you can be a dick, if you chose the latter just be sure all your ducks are in a row.

 

[acase20]

Most would just ignor them.

As you explained your demeanor and attitude was cool and calm at most you'd get a ticket but probably not as most officers i know have no intention of writing tickets (unless they work traffic)

I'll give you an example of the opposite. An officer i know was driving on 70 wb towards the city on his way to an inc. 911 near the APC. As he approached the N split a female driver blows his doors off and he was at 65 (limit 55). The officer pulls the female over with no intention of writing a ticket. As the officer approaches the female leans out the window and yells "the **** you stoppin me fo?" Officer askes for license/registration and explains that she was doing over 70 (more like 80+) in a 55 and that she shouldn't be suprised that he stopped her. She replied, "i wuz passin" implying that speed limits cease to exist as long as you are trying to go around someone. The lady had now earned herself a ticket. As the officer was in the process of writing the ticket the female exits the vehicle to inform him to hurry the **** up as she is late taking her infant baby to her baby daddy's house along with other racial slurs and sexual orientation slurs. The officer runs the female and finds she is driving while suspended with a prior conviction. Now she goes to jail, much to her foul-mouthed disbelief. The vehicle gets towed and inventoried and the baby goes to CPS. CPS arrives for the baby. Underneath the baby in the baby seat is 1 kilo of cocaine.

Had she not been speeding she wouldn't have been stopped.

Had she not been a pain in the ass she wouldn't have been given the ticket

Had she not continued to run her mouth she wouldn't have been arrested

Had she not continued to push the issue the officer would have called the father to pick up the car and the baby instead of towing it.

Had she not continued after that he would have never found the cocaine.


Moral of the story is "you catch more fly's with honey". You can be nice or you can be a dick, if you chose the latter just be sure all your ducks are in a row.[/QUOTE


i love it just keep your mouth shut and be nice....ive been pulled over because I had my nosy mother in law call the police on me one night and tell them i had drunk a bottle of jim and was out acting stupid and driving drunk....well i had one shot about 8 hours before that and the cops were a little crappy until i talked to them and the got me out of the car had me do a breathalyser (which was .00) and they were nice after that and thought she was the fool just be nice and be doing what your suppse to

 

[1032JBT]

For me???? I wouldn't be stopping you for 45 in a 35 unless I was intrested in talking to you for some other reason.

 

[Benny]

Let's assume for this discussion that I was polite and not being an a-hole. I would just politely decline to open the cases if asked.

If they are going to even ask to look inside during a stop for speeding, then you not allowing them would be being an a-hole.