question for LEO's on Probable Cause and CCW in the car....

N

Nimitz87

New member
ok i was watching "police videos" on spike tv. a man was pulled over for 81mph in a 65 zone. cop gave him a break and marked it for 71 in a 65.

now the man is getting back in the car and almost as an afterthought the policemen asks "do you have any weapons, narcotics, or large sums of money?"

the man denies each... didnt really look nervous or sound it he just said "no" each time.

now the policemen asked for consent to search the mans vehicle as the area they were on is a known drug run strip.

the man said yes and was busted he had $896,000 in cash in the exhaust system...

now the question what if he said no? the policemen doesnt have PC does he?

now to keep this gun related. what happens if im carrying my sidearm strapped to me when i get pulled over? are you allowed to do this? (i live in FL) what do you tell the policemen when he comes up to the car?... wouldnt like getting shot if he saw the firearm.

thanks ya'll

Chad.

edit: another question. is having a LEGAL firearm in the car enough for probable cause? im thinking NO... but have no idea. i would really appreciate some reply's from policemen...
 
A few years ago, I saw the same, and subsequently lawyers said the when the officer told you that you could go, that was supposed to be the end of it. One could refuse to answer and state that he had been told to go, and than concluded the stop.

I do not know what would happen then, but as much as I hate drugs, that tactic is not tolerable in my view. The police must realize that they do not have carte blanche authority to do as they please in the name of fighting drugs.

It is the type of thing that makes most of us lose respect for the police, and form an opinion of law out of control.

Jerry
 
well when the guy consents then thats his fault... not the policemens.

first off i have nothing to hide, but if the cop doesnt have a reason to search my car why should i give him permission to?

hell its the principle of him needing some kind of PC to search my car.. or if he wants get a warrant. if we all said "yes" to searches that were not needed and the question only so the cop can be allowed to legally do it...maybe they would stop asking us if we would like them to... and just help themseleves..
 
Probable Cause (PC) is needed to get a search warrant to search your car. Probable Cause is not a requirement for a voluntary search.

In other words, if I have developed PC to conduct a search of your vehicle, I'm going to go ahead and get the search warrant and conduct the search that way.

For a warrantless search, voluntary consent from the owner or person in control of the vehicle is required.

Voluntary consent is just that: voluntary. If I ask the owner or person in control of a vehicle for voluntary consent to search the vehicle and he says, "No", then the only options I have are 1)Get Probable Cause (Which I probably can't get, otherwise I'd be doing a warrant search); or 2)Tip my hat and wish him a safe journey.

As far as firearms go, in my area firearms in a vehicle is not probable cause for a search of the vehicle, unless the firearms are in and of themselves unlawful. In other words, your guns in the trunk are not grounds for a search. Stolen guns in the trunk would be grounds.

Do not forget, however, that Terry v. Ohio allows an officer to conduct a frisk of a citizen who has been stopped by an officer, the frisk solely being conducted for officer safety.

LawDog
 
thanks lawdog thats exactly what i was looking for...

so basically if they ask me to search the car... say during a speeding ticket and i have done nothing to show probable cause and say no... they either have to get a warrant, or just say ok sir have a nice day?....

appreciate the reply

Thanks

Chad
 
The way you described it the stop was over. The officer issued a summons for the violation observed. Once that happens he can't hold you, however if you volunteer, all bets are off.

What are the laws in Florida about notifying on CCW? Here in Pa. we have no obligation to notify the officer on a car stop and it's not on the computer. I know Texas is different so make sure you know what your state law says.
 
What LawDog said.

Now, to the question of how you behave on a stop if you're carrying.

Understand this, and it's universal: Cops positively HATE surprises.

If I pull you over, (or any other cop I know, in a state where CCW is legal),

assuming that you have a valid CCW permit, this is what I'd prefer that you do:

1. Turn OFF your engine.
2. If it's night, turn on the lights inside your vehicle.
3. Place both of your hands on the steering wheel.
4. When I get to your car, and ask to see your license, registration and proof of insurance, tell me that you are carrying and where it is.

I was stopped about a year ago. I did this, and as the State Trooper asked me for the three items I mentioned, I said the following:

"I just want to let you know before I go any further that I am armed, I have a valid concealed weapons permit, I have to reach past it to get to my wallet. What do you want me to do?"

He just told me to go ahead and get my wallet. I produced my license, registration, proof of insurance and my CCW. He took all of it, and ran the info back in his car.

When he returned, he asked me why I was speeding. I told the truth--I just let my speed get away from me. It might have had something to do with playing "Velcro Fly" by ZZ Top at full blast, too. :)

He chuckled and said, "Slow down, OK? Have a good one". That was it.

(By the way, I did NOT badge him, nor did I produce anything identifying me as a LEO.)
 
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