Cop recognizes gun case - do you have to open it?

[xxsleepyxx]

You have a very obvious gun case (Pelican, Gunvault, Glock bag). If a cop sees it and can tell it is indeed a gun case can he/she make you open it? I would think that resistance in this scenario would result in a arrest. Also I believe that if the appearance of a case was obvious then you are obligated to open it or else you could be interfering with investigations. Maybe we should just use backpacks then huh?

[M14 Junkie]

You have a very obvious gun case (Pelican, Gunvault, Glock bag). If a cop sees it and can tell it is indeed a gun case can he/she make you open it? I would think that resistance in this scenario would result in a arrest. Also I believe that if the appearance of a case was obvious then you are obligated to open it or else you could be interfering with investigations. Maybe we should just use backpacks then huh?

There have been many discussions (arguments) on this subject recently.

For all who say you are not required to show anything without a search warrant, there are just as many it seems, who say you should comply.

My only advice is no matter what you are driving, transport them legally-and, cover up the guns with a tarp, or blanket, or something, so that they are not in "plain view". Whether in a case or not.

This is what I do, no matter if I am only going around the corner with any guns in my vehicle.

[bwiese]

I don't have it on hand, but I recall there's some case law that says just cuz it's a gun case doesn't mean there's a gun in it ==> therefore no search because of that alone.

[Saigon1965]

Tell that to King Palm - Who uses Pelican cases as his travel luggage - Emblazoned with arms related stickers -

[Munk]

I don't have it on hand, but I recall there's some case law that says just cuz it's a gun case doesn't mean there's a gun in it ==> therefore no search because of that alone.

Exactly... so what if I carry my sandwich and pudding to work in an HK branded case... it was a 2$ lunchbox since it's worthless for protecting a gun.

If you have a metal box that has "Anthrax" written on the side, are you a terrorist? or just a fan of a great band?

[fraz]

Exactly... so what if I carry my sandwich and pudding to work in an HK branded case... it was a 2$ lunchbox since it's worthless for protecting a gun.

If you have a metal box that has "Anthrax" written on the side, are you a terrorist? or just a fan of a great band?

How about a Black Flag sticker?

[edwardm]

See U.S. v Gust, 405 F.3d 797(2005).

Long story short, the presence of a gun-type case isn't enough to give PC or RS to believe you have a gun in the vehicle under the "single purpose container" exception for warrantless searches.

However, there is language in the opinion that disturbs me which is outside the scope of this particular topic.

[Wulf]

Whether as protection from cops or criminals, I avoid gun branded gear in public...or private for that matter. No good can come from publicly proclaiming your love of Glock...at least not unless you're Glock Inc.

Plus...my generic gate mouth tool bag from Lowe's Depot is more awesome than any gun related bag I've ever put my paws on.

[dieselpower]

I love how people say, you roll up the window, then get out and lock the door before you close it. The LEO is going to ask you to get out and HOLD the door. If you attempt to close it you will hit him and that will earn an assault / resisting charge. When you try and tell the DA you were trying to close the door to stop an unwarranted search..they are going to laugh at you...you are assuming the LEO was going to do something illegal so you struck him with the door? LOL The door will not be closed, and your assault allows the car to be "inventoried". I saw a PD officer train another Officer to hold the door by the window frame, and while the subject exits the car slide your arm behind them and in between the door and the subject in order to "guide" the subject away from the car. If the officer is using this technique and you try to close the door, you will be striking the officer's arm with the door and it will not close.

I was pulled over with a Bushmaster bag. I used the bag to carry tools and junk for work. I allowed a search of the bag. The Officer let me go even though he found a questionable item inside. (switchblade that I didn't know was in there).

[freonr22]

how is a switchblade questionable?

[Cali-Shooter]

You have a very obvious gun case (Pelican, Gunvault, Glock bag). If a cop sees it and can tell it is indeed a gun case can he/she make you open it? I would think that resistance in this scenario would result in a arrest. Also I believe that if the appearance of a case was obvious then you are obligated to open it or else you could be interfering with investigations. Maybe we should just use backpacks then huh?

This is a very good hypothetical question.
It makes me sometime want to try it out by having a soft rifle case in the backseat of my car, and have it be filled with stinky laundry or something

That way, if I refuse a search of the case by a cop, and he does it anyway, then I can file a wrongful search AND he has touched my unmentionables and fouled socks that have been God knows where, haha!

[guns4life]

I love how people say, you roll up the window, then get out and lock the door before you close it. The LEO is going to ask you to get out and HOLD the door. If you attempt to close it you will hit him and that will earn an assault / resisting charge. When you try and tell the DA you were trying to close the door to stop an unwarranted search..they are going to laugh at you...you are assuming the LEO was going to do something illegal so you struck him with the door? LOL The door will not be closed, and your assault allows the car to be "inventoried". I saw a PD officer train another Officer to hold the door by the window frame, and while the subject exits the car slide your arm behind them and in between the door and the subject in order to "guide" the subject away from the car. If the officer is using this technique and you try to close the door, you will be striking the officer's arm with the door and it will not close.

I was pulled over with a Bushmaster bag. I used the bag to carry tools and junk for work. I allowed a search of the bag. The Officer let me go even though he found a questionable item inside. (switchblade that I didn't know was in there).

Exit the vehicle from the passenger door...

[WokMaster1]

This is a very good hypothetical question.
It makes me sometime want to try it out by having a soft rifle case in the backseat of my car, and have it be filled with stinky laundry or something

That way, if I refuse a search of the case by a cop, and he does it anyway, then I can file a wrongful search AND he has touched my unmentionables and fouled socks that have been God knows where, haha!

You can always file a complaint with his superiors.

[robcoe]

This is a very good hypothetical question.
It makes me sometime want to try it out by having a soft rifle case in the backseat of my car, and have it be filled with stinky laundry or something

That way, if I refuse a search of the case by a cop, and he does it anyway, then I can file a wrongful search AND he has touched my unmentionables and fouled socks that have been God knows where, haha!

If you have young kids, Glock branded diaper bag.

[brassballs]

if its in the open (not in your trunk or under a cover) make it legal. no broken laws no problema.