Other than the 2nd Amendment, the Amendment most dearly to us is the 4th.
This Amendment protects us from illegal & unwarranted search and seizures and is stated in the Bill of Rights as follows:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
source. Wikipedia
Supreme Court ruled that there is no search unless an individual has an "expectation of privacy" and the expectation is "reasonable"—that is, it is one that society is prepared to recognize. So, for example, there is generally no search when officers look through garbage because there is no expectation that garbage is private
Vehicles may not be randomly stopped and searched; there must be probable cause or reasonable suspicion of criminal activity. Items in "plain view" may be seized; areas that could potentially hide weapons may also be searched. With probable cause, police officers may search any area in the vehicle. They may not, however, extend the search to the vehicle's passengers without probable cause to search those passengers.
Now lets discuss this scenario.
Say I am a closing manager for an electronics retail store who has been robbed twice. I apply for CCL in CA but the state gives me a hard time and denies my application.
I've had suspicious looking people standing outside near my car and I've been followed on the road several times but manage to lose the perps by taking different routes home. I am fed up and decide that my safety and family is much more important than a stupid license so I carry a pistol in a private compartment in my car or under my clothes.
So here's the twist. The Supreme Court would rule that anything hidden underneath my clothes (underwear, gun) would be hidden reasonably within "expectation of privacy", while driving MY property, my car abiding all traffic laws not giving probable cause to be pulled over.
And here are the big questions.
Assuming nobody knows I may be carrying and no officers have any reason to believe I am suspicious in any nature,... who is there to stop me from carrying a concealed weapon without violating my 4th Amendment rights?
What would happen if an officer illegally searches me or my car and finds a weapon and that the court ruled in my favor?
Would the incident be deemed void as if it never happened?
I have heard of cases in the past where the suspect would use this defense when a cop found drug paraphenalia under the car seat and the defense won, but I don't know about any other consequences.
This Amendment protects us from illegal & unwarranted search and seizures and is stated in the Bill of Rights as follows:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
source. Wikipedia
Supreme Court ruled that there is no search unless an individual has an "expectation of privacy" and the expectation is "reasonable"—that is, it is one that society is prepared to recognize. So, for example, there is generally no search when officers look through garbage because there is no expectation that garbage is private
Vehicles may not be randomly stopped and searched; there must be probable cause or reasonable suspicion of criminal activity. Items in "plain view" may be seized; areas that could potentially hide weapons may also be searched. With probable cause, police officers may search any area in the vehicle. They may not, however, extend the search to the vehicle's passengers without probable cause to search those passengers.
Now lets discuss this scenario.
Say I am a closing manager for an electronics retail store who has been robbed twice. I apply for CCL in CA but the state gives me a hard time and denies my application.
I've had suspicious looking people standing outside near my car and I've been followed on the road several times but manage to lose the perps by taking different routes home. I am fed up and decide that my safety and family is much more important than a stupid license so I carry a pistol in a private compartment in my car or under my clothes.
So here's the twist. The Supreme Court would rule that anything hidden underneath my clothes (underwear, gun) would be hidden reasonably within "expectation of privacy", while driving MY property, my car abiding all traffic laws not giving probable cause to be pulled over.
And here are the big questions.
Assuming nobody knows I may be carrying and no officers have any reason to believe I am suspicious in any nature,... who is there to stop me from carrying a concealed weapon without violating my 4th Amendment rights?
What would happen if an officer illegally searches me or my car and finds a weapon and that the court ruled in my favor?
Would the incident be deemed void as if it never happened?
I have heard of cases in the past where the suspect would use this defense when a cop found drug paraphenalia under the car seat and the defense won, but I don't know about any other consequences.
They have plenty of PC to haul you over, . . . search you, . . . and find your trust little rusty.
The LEO's will be unhappy when they have to call out SWAT, cordon off 10 square blocks, etc. to take you down.