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  #111  
Old 11-10-2009, 05:00 PM
Denver Denver is offline
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OK...

I really do see both sides of this. On the one hand lets say you get pulled over by a guy who is a real hole (you don't know this yet) and he asks you about firearms. In the effort to just be low key you could just say "I do, and they are all legal" you still do not have to consent to search if he asks.

This to me seems much more mellow and likely to make someone predisposed to hair trigger upset to let it pass. On the other hand if you evade the question it is likely to piss him off. Now a pissed off cop with a touch of corruption could be likely to search your vehicle w/o probable cause or consent. Remeber it is just you and him on the side of the road, he could tell the judge whatever he wants to say that he had PC.

You do not know who is pulling you over and it is much better to play the game than to be what appears to him/her as being in contempt of an officer. Notice the italics, I said appears.

The police can do anything they want, it's your word against them and the judge and DA usually side with the police.

Now you could just give them the silent treatment, they could cuff and stuff you, take your OLL and then you could get let go later on and get your OLL back in a couple of months (think beurocracy), but why the hasle when you could just play Mary Poppins for a few minutes.

Just my 0.02

BTW I know some pretty liberal CHP around here so this issue is much more complex than just staying silent.

Last edited by Denver; 11-10-2009 at 05:06 PM..
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  #112  
Old 11-10-2009, 05:28 PM
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Cokebottle Cokebottle is online now
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Quote:
Originally Posted by Denver View Post
OK...

I really do see both sides of this. On the one hand lets say you get pulled over by a guy who is a real hole (you don't know this yet) and he asks you about firearms. In the effort to just be low key you could just say "I do, and they are all legal" you still do not have to consent to search if he asks.
Catch 22.

If you admit to having weapons, then you cannot deny him his right to conduct an "e-check" pursuant to PC 12031e to verify that they are empty.

This puts you in the unfortunate position of having the vehicle open. If the vehicle is open and unlocked, then all contents become "plain sight" and subject to search without permission.

The only way around that would be the difficult procedure of getting out of your vehicle and locking the door, then moving to the trunk/tailgate, removing the gun cases yourself, placing them in the custody of the officer, and immediately re-locking the vehicle to prevent further search without consent.
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A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people the RKBA of the whole is our insurance against their success.
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