what law is violated???

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hogdogs

Staff In Memoriam
If I am stopped by a LEO and he asks me a direct question such as "Do you have any guns drugs or large quantities of cash?". Am I violating a law if I answer no to all but I have a rifle and pistol in the vehicle? A "gun" is, by definition a smoothbore projectile launching platform.
Brent
 
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ZeSpectre

New member
"Do you have any guns drugs or large quantities of cash?"
"Can I ask why you have pulled me over?"

"Do you have any guns drugs or large quantities of cash?"
"Officer, have I done something to cause you to pull me over?"

"Do you have any guns drugs or large quantities of cash?"
"Officer, am I under arrest?"

on and on and on.
 
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hogdogs

Staff In Memoriam
Ze, In florida that will get you arrested for "interfering with a police investigation" BTDT already:D
Call me a button pusher if you want but if you do, you gotta call me a good one;)
Jail food sux!
Brent
 
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CWPinSC

Moderator
Ze, In florida that will get you arrested for "interfering with a police investigation" BTDT already
Click to expand...

And in SC that'll get you hauled out and you and your vehicle searched. Doesn't take much to come up with "probable cause".
 
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hogdogs

Staff In Memoriam
I just researched the word gun and it seems I would be lying as it looks like gun is no longer smoothbore and any projectile emitting hand held device could be termed a gun...
Brent
 
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ZeSpectre

New member
Ze, In florida that will get you arrested for "interfering with a police investigation" BTDT already
Click to expand...

And were you charged, etc. or were you released?
My lawyer would eat that one alive on 5'th Amendment grounds alone.

And in SC that'll get you hauled out and you and your vehicle searched. Doesn't take much to come up with "probable cause".
Click to expand...
Nope, sometimes you are just jacked.
 
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45Gunner

New member
Unless you are a felon and have something to hide, always be honest and open with your answer. If the LEO gets suspicious and decides to investigate, you would have already lied once and you are not in a favorable position and no matter what you say thereafter, will be looked upon with a dubious eye.

Got stopped for speeding late one night while returning home with my wife. The LEO was the County Deputy Sheriff. His first question: Sir, do you own the vehicle. My reply: Yes. (Short, and to the point.) Sir, do you have any concealed weapons in your car? My response: Yes, I am a retired Federal Agent. His reply, Have a good night. I related this story to a friend who is a retired local LEO. He said he would have said the exact same thing as I did except he would have ID'd himself as a local LEO. OH, and if you ever get stopped for any reason, keep both hands on the steering wheel until the LEO is comfortable enough to ask you for your license and registration. Make him feel good and perhaps, just perhaps you may get a warning.

If I had lied and said no and he decided to search my car, at the very least it would have been very time consuming, maybe cost me a trip to the judge and the expense of a lawyer as to why I was lying, etc. etc., not to mention the speeding ticket.
 
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hogdogs

Staff In Memoriam
I was arrested, car searched and impounded and charges were dropped the next day but it still cost me $110 to get my car back...:mad:
Brent
 
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hogdogs

Staff In Memoriam
The thread was initially just based on the term "gun" that as I was taught is a smoothbore so a "no" answer would have been honest if it were a pistol or rifle.

But due to thread veer I will answer to the last ones... If you answer no to the profiling question of guns drugs or cash, the next thing that will be asked is for permission to search. Then if you decline, the cop claims the probable cause clause and pulls you out and at minimum will run the dog around, or search it as they claim any innocent person will have no problem with them searching without a warrant so you must be hiding something:mad:
Brent
 
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koolminx

New member
Everyone has the right to lie and say no, even if it's not a lie. But the hassle that comes with it is time consuming.

I don't really think it's anyone's business if I do or do not have a gun/weapon in the car as the weapon (whatever it may be) has nothing to do with why I was being pulled over.

Now an inspection checkpoint or a DWI checkpoint or a Missing Person search is altogether different, at that point it's a safety issue, for you AND the officer searching the vehicle.

I think that 99% of the time the only reason they ask the question is that once again 80% of criminals driving a car/truck and getting pulled over are just plain stupid... Some answer with "Yes, I got a 'whatever' under the seat". I see it on COPS occasionally, where the perp admits it... It's a perk for the officer to not have to "accidentally" find out...

I'm always respectful when I get pulled over, and it's a rare occasion, but when they do it's because I was speeding... So I don't fuss about it :) :)
 
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TenmaNeko

New member
Refusing a search is not grounds for probable cause to search.

So, saying no doesn't allow them to do it (legally).
 
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Brian Pfleuger

Moderator Emeritus
I'm pretty sure that they're not even allowed to ask those questions without a reason, at least in some places.

Around here, the default question is "Where are you going and where are you coming from?"

You do NOT have to answer that question.

Do you have any guns, drugs or large quantities of cash.

My answer would be:

"officer, I have a permit for a concealed handgun and I am carrying a gun, it is in a holster on my waist. I do not have any illegal drugs."

If they pressed the point about cash I would flatly refuse to answer. The amount of cash I am carrying is not only none of their business but also completely and totally irrelevant.

Refusing to answer a question that is not related to a crime is not "interfering with an investigation" and subsequently refusing to allow a search is not a crime. If they press the matter then you should cooperate and then sue the department.
 
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Bud Helms

Senior Member
According to hogdogs, his original topic is based on the false definition he had of "gun", and claims "thread veer" from the original topic.

I say, it was a shaky topic at best. We are staring a cop-bashing thread in the face.

Without sharing my beliefs on roadside stops, searches and seizures, I will say that impeding an ongoing investigation by a sworn officer is a chargeable offense. So, know when an investigation has begun and be cautious of your conduct when stopped and questioned by a sworn officer on a public right-of-way.

Enforcers may lie to you, but you may not lie to them.
 
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Skans

Active member
I've been unlawfully searched before. At the time, I didn't know it - I was only 19. I got stopped doing a little over 60 in a 55. Cop made me sit in the back of his car while he interrogated me and my girl friend and another cop brought the drug dog out to sniff around my car. Since I've never done drugs, I really had nothing to worry about. I was released and given a speeding ticket for exceeding the speed limit by 6mph.

However, if this happened to me today, I wouldn't be quite as cooperative. I'd ask if I'm under arrest. I'd ask what he's investigating. But, before I become a "wise-ass", I'd just tell the officer that, before I answer any further questions that i want my lawyer to be present. Then I'd shut up.
 
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NavyLT

Moderator
My response, if my weapon is not on my person:

Do you have any guns in the car?

Yes.

Where are they?

In the glove box.

Step out of the vehicle, please.

I remove the keys from the ignition, get out of the car and lock it behind me with the keys in my pocket.

What did you do that for?

To make it clear that I do not consent to any search of my vehicle.

I have to admit, I haven't tried it yet, but that is my plan.
 
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