Locked case and no key

[KylaGWolf]

I wasn't referring to 12031(e). I was referring to the pdf file linked to above by Doheny: Protective Car Searches Where The Alameda County District Attorney's Office tells cops that for officer safety when officers feel threatened by a suspect,

So it appears the cops can search the passenger compartment of your vehicle now without probable cause. And all they have to do to get away with it is say they were worried you might have a weapon. This shouldn't surprise anyone, after all, they can detain you for a sobriety checkpoint without any suspicion at all.

Actually, I suspect Alameda's interpretations of these cases is not correct. I may check it out more tomorrow.

OK here is how it was explained in Criminal Law class. Vehicle searches can be done without a warrant due to the reason the evidence can be easily moved. Secondly the officer only needs reasonable suspicion to search said vehicle. As to the OPs post. Best advise I can give is put the gun in the trunk. That way it is out of view if you are ever stopped.

[tombinghamthegreat]

Anyone can be arrested for anything.

Best to have everything locked up and just tell the truth.

That is why it is advisable for an individual to refuse to answer LEOs questions and why the 5th amendment exists. Telling the truth is probably the worst advise i have read on this thread, don't misunderstand i did not say lie just do not incriminate yourself.

http://video.google.com/videoplay?docid=-4097602514885833865

This is a great clip to watch. It deals with this issue

[M. Sage]

OK here is how it was explained in Criminal Law class. Vehicle searches can be done without a warrant due to the reason the evidence can be easily moved. Secondly the officer only needs probable cause to search said vehicle. As to the OPs post. Best advise I can give is put the gun in the trunk. That way it is out of view if you are ever stopped.

Fixed that for you.

Not all vehicles have separate trunks, and not all trunks will hold all firearms. If you drive a Mazda Miata, most rifles and shotguns won't fit in the trunk.

[Mark in Eureka]

You misunderstand me. If I am an officer and I ask you if there are any firearms in the car, the only responses I want to hear from you are "yes" or "no". Anything else and I am going to consider searching the car for officer safety.

The only other response that might work is to take the 5th and shut up.

[Scarecrow Repair]

You misunderstand me. If I am an officer and I ask you if there are any firearms in the car, the only responses I want to hear from you are "yes" or "no". Anything else and I am going to consider searching the car for officer safety.

The only other response that might work is to take the 5th and shut up.

I tell you what, if I were pulled over and asked if I had a gun in the car, I would probably gape in surprise. You sure wouldn't get Yes or No. You'd probably get "You pulled me over to ask me that?" or "Do I look like a gangbanger in this car?" or something equally off the wall.

And if that response would bring out the handcuffs, then you don't belong in uniform.

I am not in boot camp and you aren't a DI. Don't give me that yessir nosir threebagsfullsir jive.

[HondaMasterTech]

Not answering or answering with a question is not probable cause. The officer MUST articulate the probable cause to a judge. If his probable cause is a guess, it is not probable cause.

[M. Sage]

You misunderstand me. If I am an officer and I ask you if there are any firearms in the car, the only responses I want to hear from you are "yes" or "no". Anything else and I am going to consider searching the car for officer safety.

The only other response that might work is to take the 5th and shut up.

Refusing to answer is not reason for a Terry search. IIRC they still have to have some reason to search under Terry, and even then it could be a bad strategic move; last I knew, any contraband found under a Terry search is not admissible in court, as it was found under a lower standard (no real probable cause). Terry's existence is only justifiable as an officer safety precaution.

Sounds like you don't wear a badge. I'm glad for that.

[Ground Loop]

You misunderstand me. If I am an officer and I ask you if there are any firearms in the car, the only responses I want to hear from you are "yes" or "no". Anything else and I am going to consider searching the car for officer safety.

The only other response that might work is to take the 5th and shut up.

Someone remind me why a 100% lie of "No" is not the correct answer for these kinds of cops?

Seriously.. seems like the shortest path out of there. If they're going to search anyway, they're going to search. Doesn't seem it matters either way. They'll find a correctly-stowed gun. Now what? "You lied to me, I'm hauling you in"?

I met a cop this weekend who said (off duty) "Look, it's all a screen test. We're going to chat a bit, and I'll decide how much of a prick you are. If I don't like you, I'll find something to arrest you for. Your day will be worse than mine." And that pretty much sums up most cops I've had occasion to meet.