Originally Posted by hip55
in Theory, you are correct.
"we have probable cause because we have a report..."
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Welcome to the Colorado AR-15 Shooters Club Discussion Forums.
in Theory, you are correct.
"we have probable cause because we have a report..."
There is no theory involved at all, that's the law.
If you get pulled over and asked to get out of your car, you comply.
As you step out you put your keys in your pocket, lock the doors and close the door.
This (being a habit that you are used to doing) keeps your personal property secure from everyone, especially from warrantless searches.
well, Police officers, being human, are sometimes scumbags too...
Gun and a badge attitude.
"WTF you gonna do, I will lock your ass up and say I Saw you doing [whatever]."
Think it doesn't happen? http://www.youtube.com/watch?v=ZVb7lww9J1I
Sure, there has to be a few bad apples out there, but I believe that most LEOs are professionals and act accordingly.
Sure, there has to be a few bad apples out there, but I believe that most Gun Owners are peaceful citizens and act accordingly.
The worst kind of scumbag is one that has been intrusted with authority.
Grandpa's Sheriff Badge, Littleton 1920's
(Sigh)...I dunno. The ongoing argument is getting tiring.
It is a simple thing. You don't have to give consent if you are asked. If they see something unlawful in the vehicle, they don't need consent, nor a warrant. There is a motor vehicle exception to the warrant requirement. It deals with the ability to move the vehicle. If you lock the vehicle and they saw something inside it, they can break the window to get in...and they won't be required to pay for the repair (just to cut that argument off at the pass).
My law book states this:
4 Ways to Search a Vehicle
1. Consent
2. Probable Cause
3. Impound Inventory
4. Search Incident to Arrest
Additional Ways
5. Plain View
6. Exigency
7. Search Incident to Detainment
8. Search Warrant
#4 was recently successfully challenged in court and is in the process of appeal to the Supreme Court. We'll have to see if the Supremes are willing to hear the case.
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
Before I start, I want to point out, that just the fact that you are an active member of this board, really speaks to the strong likelihood that you have your head in the right place. Bad cops don't have calm, intelligent discussions with fellow firearm enthusiasts on-line. Bad cops laugh about "prone-ing out" law abiding citizens for open carrying, "just to show them who's in charge around here." on their Facebook page. Referring to that asshole in California who did just that.
#5 here worries me. I have a feeling that if asked to step out of my car, and I refused a search of my vehicle, but there was a handgun laying in plain view on the back seat of my vehicle, that my window would be broken, my car would be searched, and I may even get tazed. Why though? Having a gun on your seat in plain view isn't illegal. I still bet my car would get searched without my consent though.
Now, on to some other points. First, I've open carried in Thornton before. I was contacted by an off duty officer. He was pretty young, but he didn't harass me or anything. He did strongly suggest that I not continue to open carry though.
I've also been stopped at a DUI check point and asked to step out of the vehicle while I was carrying concealed on my hip, WITHOUT a CCW. It was no big deal and I was impressed with how the officer handled the situation, and I made sure to tell him so. I also told the officer who contacted me for open carrying in Thornton.
On the other hand, when I had first bought my first gun, I asked every cop I ran into if I could legally carry the gun in my car. I was in Lakewood and approached some officers while they were having lunch at the Brother's Barbeque and asked them if I could carry a gun in the car. The male officer said I should have it unloaded, locked up, and in my trunk. The female officer told me that if I had it any where but locked up and unloaded and in the trunk that there was going to be trouble. My gun rights balls hadn't dropped yet, so I didn't tell her that she was flat out wrong at the time. However, the male officer looked at her and said, "And why is that?" after she gave me that line of bull. I excused myself and let them finish their lunch. I used to see her driving around all the time when I still lived in Lakewood too. I hope her partner correcter her.
"There are no finger prints under water."
So I am a tad Concerned here as this conflicts with What I had been told.
I know that all public city property(Parks, openspace, recreational areas and buildings) in Northglenn and Thornton is CCW only if at all.
I had not been told that open carry was a violation city wide... which to say the least is a shock since I do.
do you have a reference on this?
No. I was just open carrying at the Chipotle on 120th and Washington-ish. Under cover approached me and asked who I worked for (he knew it was no one). I told him "No one" and he went on to tell me that it was legal, and he wasn't trying to harass me or going to do anything about it, just wanted to give me a heads up that when you open carry, you run the risk of being contacted by PD every time.
"There are no finger prints under water."
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