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consenting to a search

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sup /k/ I was wondering: in USA when cops pull you over and ask you about drugs and firearms, is answering "yes" to firearms grounds for them to search your vehicle?

And because I just know someone is going to ask: "why would you answer "yes" when they ask about firearms?": because if you answer "no" and they search the vehicle & find guns they are going to be less than amused, I'd wager lying to cops when they ask about firearms is also at least a misdemeanor/more likely a felony.
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>>32899808
in most states you are supposed to declare that you have a firearm in the vehicle upon being pulled over. The easiest way is to put your hands on the steering wheel or dash then tell the cop "I have a gun on me"

in some states you don't have to have any special dispensation to carry a loaded gun in your vehicle so that varies

stating that you do have a weapon isn't grounds to have your vehicle searched but normally the cop will have you either exit the vehicle so he can clear you or have you reach over with your non dominant hand to pass it to him grip first.

the last time i got pulled over (speeding 16 over) i said i have a gun on me the cop responded with "yeah me too big deal"
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>>32899808
/k/op here, just say no. Don't agree to any search. If they don't have probable cause to search the vehicle, don't hand it to them on a silver platter. Even then, having guns in your vehicle isn't illegal so that wouldn't be PC unless you don't have a valid firearm ID card (depending on your state).
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>>32899808
Why were you breaking the law to be stopped in the first place?
>Now, pick up that can citizen
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>>32899808

>in USA when cops pull you over and ask you about drugs and firearms, is answering "yes" to firearms grounds for them to search your vehicle?

Only if they have probable cause to believe that your possession of them is a crime, or that your answer is in some other way incriminating.
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>>32899836
>>32899841
>>32899862
I see, thank you for your answers.
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>>32899836

I know a lot of law enforcement (I work at a hospital, talk to them when they drop drunks and shit off) they prefer if you use firearm over gun. Newb partners have shot ppl before, because they heard some one say gun to loudly.
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>>32899836
It would likely be better to phrase it more like this, "I am legally obligated to inform you that I have a firearm in my vehicle" Because it sounds like a threat if you just say "I HAVE A GUN" in a panicky voice.
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>>32899944
cops don't really make me nervous. the times i did state i had a gun they didn't really change their composure they just looked more annoyed than reactive. Only time i ever saw an odd response was a cop in north carolina who was acting nervous as shit and only spoke to me from out of view of the driver window. he also stayed in the field interview stance the entire time.

he's the guy who made me get out and unloaded my pistol then put it on tool box. Just gave me a warning for an illegal U turn so i can't really bitch
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>>32899913
I thought Hillary would stop paying trolls like you after she got BTFO. #ALLlivematter, fag.
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>>32899808
declining a search is not probable cause to be searched.
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>>32900554
>declining a search is not probable cause to be searched.
I never claimed it was
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>>32899808
Just go to a nonshit-state and they dont give a fuck. Ive been pulled over a bunch and the only time ive been asked was after the cop ran my license and probably saw i had my concealed carry license. Didnt have me take it out or anything
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>>32900522
I was also told this in my cc class, use firearm with police, less likely to "trigger" the officer, and makes you look more educated and reasonable
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FL here. Seems to vary widely by where you get pulled over what their reaction will be. Like others in the thread have said you could get anywhere from "yeah me too bud" to an instant priority one please step out of the car.

As far as legality goes, having a weapon (and admitting to it) is not grounds for probable cause. It's mostly just a safety issue. If they do ask you to step out of the car you should make sure to roll your windows up and lock your car after you get out. Dont be rude if they question why just say it's habit to always lock your car when you get out.
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>>32899808
You never answer and you never say yes to any type of search.
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>>32899808
I've been stopped once when carrying, he didn't ask, I didn't volunteer the info. No obligation to do so here. He ran my stuff and I'm sure it shows my CCW when he ran my DL, hell it probably showed it when he ran my plate on the stop.

It can up at a night club I was at, I didn't even consider they would have metal detectors so when I got up there I told the security guy I am licensed to carry and I am carrying. He radioed to cops cops came over and asked to see my CCW, showed it to them and they told me it's not allowed in the club, house rules. Stowed it in my car and went to front of line then right inside.

In my experience if you are cool with cops they will be cool with you. The fact that I don't look and act like a degenerate probably goes a long was as well.
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>>32899808
>>32899836
NC here. We have to inform any officer that we're interacting with, whether asked or not, that we are a licensed CC holder and we are carrying.
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>>32902758
As a cop, that's one of the stupidest things I've heard - and I hear some stupid shit.

>"trigger" the officer
Tumblr PD

>>32903869
What county? I work in Wake and Franklin
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>>32903952
Couldn't think of a better word for it
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>>32899808
The best course of action is to not surprise them, when stopped take the gun out and as they approach make sure to hold it out the window so they can see it and yell "I have a gun!" Loud enough for them to hear.
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>>32899836
not if you were that black guy in ohio
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Depending on how expensive a lawyer you look like you could afford, not consenting may be taken as probable cause.

If you have nothing to hide...
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>>32899808
>is answering "yes" to firearms grounds for them to search your vehicle?
strictly? no, because that does not indicate whether the guns are legal or not

should you even answer their questions is a better question to ask yourself

video related, if you're doing nothing wrong just ignore the cops and if they ask you if you got guns in the car just say "LOTS OF GUNS"

https://www.youtube.com/watch?v=xVHaMZTqm18
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>>32905010
>not consenting may be taken as probable cause.
nope, fuck you and fuck your misinformation you bootlicking cunt. probable cause is a very high threshold and refusing consent to a search does not even give an officer reasonable suspicion

if you're pulled over you're detained but the stop cannot continue longer than a reasonable amount of time. unless you're trying to weasel your way out of the ticket, the best course of action is to stare blankly at the cop until he lets you go. literally don't answer a goddamn thing, they can't do anything to you. unless you have duty to inform, don't tell them anything about what firearms you have unless you're looking to bleed out on the side of the road.
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>>32905226
i'd love to see someone try this
>get pulled over
>stare at cop entire time, smiling
>answer no questions
>cop thinks i'm on acid
>dragged out of car
>tazed
>arrested
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>>32905332
okay here you go https://www.youtube.com/watch?v=1Wm3p7kj6C4

hardmode: driver is melanin-enriched and doesn't even roll his window down
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>>32905226
You sovereigns are out of your gourds. I want to be a cop just so I can beat the shit out of you people. Beating up sovereigns is probably the best part of the job.
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>>32905354
not a sovereign idiot but whatever you have to tell yourself bootlicker. I follow all laws from local on up but it doesn't mean cops can just shit all over the rights guaranteed to me by the constitution. do you come to /k/ to celebrate the 2nd amendment while also hating the 4th amendment?
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>>32905350
oh shit
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>>32905010
>not consenting may be taken as probable cause

I'm >>32903952

Uh no, in no circumstance does not consenting to a search establish any sort of probable cause for a search.

>>32905107
>if they ask you if you got guns in the car just say "LOTS OF GUNS"
I would highly advise against that.

An officer can lawfully order you from the car for safety reasons or to conduct a terry frisk of you and the lungable area of the vehicle for weapons. Making a comment like that (which is out of the norm) is giving the officer more leeway to handle you like a mentally unstable subject - it's all about totality of circumstances.

>>32905226
>if you're pulled over you're detained but the stop cannot continue longer than a reasonable amount of time.
>the best course of action is to stare blankly at the cop until he lets you go. literally don't answer a goddamn thing, they can't do anything to you
If a lawful detention (investigative or otherwise) is delayed due to non-compliance of the person being detained, the reasonableness of the amount of time you can be held is going to be judged on that factor. Also, if your state has obstruction charges, you may be cited/arrested under those for delaying an officer.

In my state it's NCGS 14-223 - the statute langue is extremely broad. Whether your state has a similar charge, which is just as broadly applied, may land you in trouble.
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>>32905723
>If a lawful detention (investigative or otherwise) is delayed due to non-compliance of the person being detained, the reasonableness of the amount of time you can be held is going to be judged on that factor. Also, if your state has obstruction charges, you may be cited/arrested under those for delaying an officer.
we're talking about being pulled over for offense A, let's say a speeding ticket, while the officer is fishing with questions about unrelated possible offenses. you're entirely free to ignore those and demand that you be free to go within a reasonable time frame of the speeding ticket being issued. you're not obstructing anything unless you do something like don't sign the ticket, though he may order you out of the car just to test you.
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>>32903952
>What county? I work in Wake and Franklin
I live in Onslow, but I'm in Johnson for an extended period.
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>>32899862
Would probable cause be being non white?
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>>32906063
>we're talking about being pulled over for offense A, let's say a speeding ticket, while the officer is fishing with questions about unrelated possible offenses
Unrelated in what regard? non-moving violations/drugs/etc?

If the officer has reasonable suspicion/probable cause of additional MV violations whether moving/non-moving/regulatory the detention for further investigating those issues is lawful. If you're talking about where are you coming from/narcotics related/etc; you're correct that those don't have to be answered.

SCOTUS affirmed that an officer can order you from your vehicle at any time during a detention, not sure what you mean by testing someone.
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>>32906130
I went through BLET in Johnston county. One of my neighbors was an ALE agent, my other was a moonshiner. We'd all get together and drink on the weekend lol.
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>>32906198
>Unrelated in what regard? non-moving violations/drugs/etc?
illegal firearms, did you read the OP at all? if you're pulled over for a traffic offense and he's fishing by asking about drugs or illegal weapons in your car you can certainly ignore those, even tell him to go fuck himself. a lawful detention for a traffic offense cannot last more than is reasonable, after which you must be free to go. he can't keep you there for hours asking about every little potential offense he can think of. you are not interfering with an officer by ignoring those questions when he's already pulled you over and is about to issue you a ticket for speeding or whatever you're detained for.

>SCOTUS affirmed that an officer can order you from your vehicle at any time during a detention, not sure what you mean by testing someone.
cops love to pull you out of the car just to fuck with you 90% of the time. it's a lawful order and you must obey it no matter what, and some people don't like that and it gives the cop an excuse to arrest them for disobeying.
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It breaks down like this:

It's legal to buy guns, it's legal to sell them, and if you're the proprietor of a fun store, it's legal to sell them. It's legal to carry them, but that doesn't really matter - 'cause get a load of this, alright? If you get stopped by the cops at The Murder/k/ube, it's ILLEGAL for them to search you. I mean, that's a right the mods at the /k/ube don't have.
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>>32899836
>Be speeding
>Whoop WHOOP
>pull over onto shoulder
>roll down window as cop gets out of his car
>Shreik "I HAVE A GUN"
>get ventilated by shaky new cop

this is terrible advice, what you should do is hand over your CC permit with your license or small copy of the law that allows you to CC or open carry. this is how it will go

>Cop comes up to window
> "License and registration please"
>Hand over license, reg, and carry permit
>"I se you handed me your CC permit"
>"Yes sir, I am carrying it now, How would you like me to proceed."
>then listen to cops instruction

Simple as that and the cop will appreciate you not scaring the shit out of him by yelling "I GOTSA GUN PIG"
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Never allow them to search your stuff, EVER!

If they want to, make them either have PC or a warrant. If they don't have PC then they will need a judge to sign off on a warrant. Not likely to happen after hours for a few grams of pot or something similar.

If they do find anything without a warrant or PC, it is inadmissible. If it is admissible, remind the officer how much paper work is involved in a simple possession charge amd they may reconsider.
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>>32909132
I will never not die laughing at this pic.
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I love it when they ask if I'm an attorney and I hand them a stack of my business cards.

Divorce lawyer, and no, I don't give internet advice because I don't know every aspect of carry law. I do travel with locked case, separated ammo in the trunk, and go to sketchy parts of town.
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>>32910131
"Hold on one second, Jamal, I need to pop my trunk, unlock my gun, load it and then shoot you. Please rape my wife and my wife's son while you wait!"
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>>32905384
i have a civic duty to disobey unjust laws. all americans do.
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>>32906960
if you say so
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>>32909132
so the ticket is for improper lane usage. you're still a buttfucker, pig.
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>>32911249
LOL
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>>32899808
live in louisiana, cab have loaded weapon in your vehicle all you want no permits or other illegal shit folks in other states put up with.
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If we ask you to search the car...we don't have probable cause to search the car.

However, if I ask about funs, and you say "no funs", but then I see your funs i'll assume you were trying to hide the gun. Which becomes probable cause if I can see it any you told me it was not there.


In short.. look up your state laws on it. And if you don't live in a shit state, telling a cop about your funs is just courtesy and will keep your car from being searched as opposed to you reaching for your license after saying "no" and a cop seeing your gun.
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>>32913507
What's the best way to politely decline to answer a question, or search?
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>>32899836
>stating that you do have a weapon isn't grounds to have your vehicle searched but normally the cop will have you either exit the vehicle so he can clear you or have you reach over with your non dominant hand to pass it to him grip first.
This shit is so fucking stupid and should be outlawed. Cops barely know how to handle their own weapons.
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>>32915221
"I do not consent to searches."

"I would prefer not to answer that question."

and, as autistic as most of the people who say it are:

"Am I free to go?"/"Am I under arrest?"/"Am I being detained?"
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>>32899808
I was pulled over for bs once (before I had a cc) but I had a gun under my seat (it is legal in my state). The officer asked if I had any drug, weapons or contraband in the car and I told him I had a gun under the seat. He had me get out of the car, and he retrieved the gun and checked it. then he gave it back to me and let me go with a warning. He didn't search anything else.
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