Unconfigured Ad Widget

Collapse

Ammunition = Probable cause?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Mr.1904
    Veteran Member
    • Mar 2011
    • 3310

    Ammunition = Probable cause?

    So yesterday i was cleaning out my car. I came across one, solitary round of .223 in my backseat (most likely from our last BLM outing)

    My question is: Does ammunition constitute probable cause for search?? Or since ammunition is perfectly legal to transport is it exempt from probable cause?

    My thinking would be if an officer spots ammunition, they're most likely going to ask you if you have any firearms in the car to go along with ammunition, and would said ammunition give the officer enough probable cause to search for said firearm.

    Just something i was wondering, and thought this was an appropriate place to post.

    Thanks in advance!
    "Then there are sheepdogs. The sheepdogs are the bastions of safety. The sheepdog lives solely to protect the flock and confront the wolf. They live for the opportunity to be called to duty to protect the innocent. The sheepdog has fangs and the propensity for violence but hopes that he will not have to resort to it. However, he lives for that day when he will be able to use his warrior skills and mindset to keep the wolf from harming the sheep."
  • #2
    em9sredbeam
    Veteran Member
    • Oct 2010
    • 3429

    From what I have heard from an officer friend of mine it is enough for probable cause, especially if you don't profile well. So is an empty magazine, brass casings, and holsters.
    Stupid people; They're breeding.

    ΜΟΛΩΝ ΛΑΒΕ

    Si vis pacem, para bellum

    ╠╦═╬ Alcohol, Tobacco, and Firearms should be a store, not a government agency.

    Comment

    • #3
      Turo
      Calguns Addict
      • May 2009
      • 5066

      *Not a LEO*

      Legally no. A round of ammunition is not in and of itself probable cause. If, however, there had recently been a bank robbery in the area where the perp used an AR-15 style weapon, and you had .223 casings, a magazine, and a ski mask sitting in the back seat, expect some questions.
      "The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."
      -Thomas Jefferson

      Comment

      • #4
        Mr.1904
        Veteran Member
        • Mar 2011
        • 3310

        Originally posted by Turo
        *Not a LEO*

        Legally no. A round of ammunition is not in and of itself probable cause. If, however, there had recently been a bank robbery in the area where the perp used an AR-15 style weapon, and you had .223 casings, a magazine, and a ski mask sitting in the back seat, expect some questions.
        Haha well obviously. I would even be alright with that situation.

        But the above posters post on how if you don't profile right.... Well, i have previously not profiled right and pulled out of the car for a few things that were grey area AT BEST.

        That's what i'm trying to get the answer too. Is there any chance i could be subjected to search by the presence of ammunition. Short of being in the same area of an armed bank robbery where the perp used an AR-15

        Let me ask it this way. If an officer wanted to search my car. Could he use ammunition as an excuse to get into said car. Easier put this way i guess. Let's not even stop short of ammo. Mags, mag loader, targets, earpro, etc.

        Just trying to limit my LE experiences to just license, registration, proof of insurance and please sign here and have a nice day.
        "Then there are sheepdogs. The sheepdogs are the bastions of safety. The sheepdog lives solely to protect the flock and confront the wolf. They live for the opportunity to be called to duty to protect the innocent. The sheepdog has fangs and the propensity for violence but hopes that he will not have to resort to it. However, he lives for that day when he will be able to use his warrior skills and mindset to keep the wolf from harming the sheep."

        Comment

        • #5
          4DMASTR
          Senior Member
          • Apr 2012
          • 1077

          Originally posted by Mr.1904

          Just trying to limit my LE experiences to just license, registration, proof of insurance and please sign here and have a nice day.
          While my Mustang itself is a ticket waiting to happen its a once in a while driver. My DD Escort is plain stock and I keep it cleaned out. I may be wrong but if the cop sees nothing questionable, he wont question it. When I go shooting anything and everything related goes in the trunk to avoid drawing looks from 5-0 and would be thieves.

          Regardless of being pulled over many many times for one reason or another I have never once had a cop even ask to search my vehicle.

          Comment

          • #6
            Mr.1904
            Veteran Member
            • Mar 2011
            • 3310

            Originally posted by 4DMASTR
            While my Mustang itself is a ticket waiting to happen its a once in a while driver. My DD Escort is plain stock and I keep it cleaned out. I may be wrong but if the cop sees nothing questionable, he wont question it. When I go shooting anything and everything related goes in the trunk to avoid drawing looks from 5-0 and would be thieves.

            Regardless of being pulled over many many times for one reason or another I have never once had a cop even ask to search my vehicle.
            ok, well i have; and unlike you, i only have one vehicle.

            The question is if the officer sees ammunition or anything related to firearms is it probable cause to get into the car.
            "Then there are sheepdogs. The sheepdogs are the bastions of safety. The sheepdog lives solely to protect the flock and confront the wolf. They live for the opportunity to be called to duty to protect the innocent. The sheepdog has fangs and the propensity for violence but hopes that he will not have to resort to it. However, he lives for that day when he will be able to use his warrior skills and mindset to keep the wolf from harming the sheep."

            Comment

            • #7
              khw9mm
              Senior Member
              • Mar 2010
              • 1072

              Originally posted by Turo
              *Not a LEO*

              Legally no. A round of ammunition is not in and of itself probable cause. If, however, there had recently been a bank robbery in the area where the perp used an AR-15 style weapon, and you had .223 casings, a magazine, and a ski mask sitting in the back seat, expect some questions.
              LOL!!
              WANT TO SELL

              WTS: CZ455 MANNERS Rimfire 22lr TRAINER

              WTS: BENCH-SOURCE ANNEALER

              Comment

              • #8
                BigDogatPlay
                Calguns Addict
                • Jun 2007
                • 7362

                A visible round of ammunition = reasonable suspicion of what crime?

                Unless the driver (assuming in the car by themselves) is a prohibited person and it's ordinary ammo, not tracer, incendiary or AP (and most officers might not know out of the ordinary ammo by sight) then there is no crime committed. No crime = no search.

                Having said that, if I see ammo in the car and depending on the totality of the circumstances, I may ask if you have firearms in the car. But that's an entirely different thread which has been discussed a thousand times.
                -- Rifle, Pistol, Shotgun

                Not a lawyer, just a former LEO proud to have served.

                Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

                Comment

                • #9
                  Ron-Solo
                  In Memoriam
                  • Jan 2009
                  • 8581

                  This subject has been tossed about ad nauseum in this forum. By itself, no, it is not probable cause. It can be a building block toward PC when combined with other factors.
                  LASD Retired
                  1978-2011

                  NRA Life Member
                  CRPA Life Member
                  NRA Rifle Instructor
                  NRA Shotgun Instructor
                  NRA Range Safety Officer
                  DOJ Certified Instructor

                  Comment

                  • #10
                    Notorious
                    Veteran Member
                    • Sep 2008
                    • 4703

                    You can have a thousand rounds in the car and as long as it is not prohibited (tracer, incendiary, explosive) and you are not prohibited from owning it for whatever reason... and it's not stolen or I am not investigating a recent robbery of a case of ammo, or you don't have open alcoholic containers stacked in the ammo boxes, etc., you get the point, I won't have anything more than any other Joe Citizen carrying anything else that is legal in the car. Capische?
                    I like guns

                    Comment

                    • #11
                      geeknow
                      Lifetime Contributor #1
                      CGN Contributor - Lifetime
                      • Aug 2007
                      • 3144

                      *capice*

                      It's an Italian thing.

                      ;-)

                      Comment

                      • #12
                        fighterpilot562
                        I’m Ugly and I’m Proud
                        CGN Contributor - Lifetime
                        • Mar 2012
                        • 47071

                        I dont think they do unlesss they said a robbery just happened

                        Comment

                        • #13
                          Notorious
                          Veteran Member
                          • Sep 2008
                          • 4703

                          Originally posted by geeknow
                          *capice*

                          It's an Italian thing.

                          ;-)
                          Caprice!

                          It's an old American cop thing...

                          Thanks for the assist.
                          I like guns

                          Comment

                          • #14
                            geeknow
                            Lifetime Contributor #1
                            CGN Contributor - Lifetime
                            • Aug 2007
                            • 3144

                            Originally posted by Notorious
                            Caprice!

                            It's an old American cop thing...

                            Thanks for the assist.
                            lol. touche.

                            Comment

                            • #15
                              Ron-Solo
                              In Memoriam
                              • Jan 2009
                              • 8581

                              LASD Retired
                              1978-2011

                              NRA Life Member
                              CRPA Life Member
                              NRA Rifle Instructor
                              NRA Shotgun Instructor
                              NRA Range Safety Officer
                              DOJ Certified Instructor

                              Comment

                              Working...
                              UA-8071174-1