Stopped with guns in vehicle [was: Another gun thread]

[DannyB1954]

I carry all the time . In my state, (Nevada), it is not required to disclose a concealed weapon if you have a permit. I do disclose it but when I do, they say I already knew that when I ran the plate. Their computer tells them the registered owner carries. I think that they would prefer to stop someone who they know has been a good guy and can get a permit, then to not know what kind of person they are approaching. I would be more worried about those who I didn't know if they were armed or not.

I only plan on traveling to States where my permit is good. I don't consider myself paranoid, but the reason I looked into a permit was about 7 years ago a nut case went into a restaurant in Carson city and started shooting people. I wondered what would I do if I was there.

 

[Warthog]

"like the saying goes if you haven't used it in the last year get rid of it."

Do you have fire extinguishers in your home and/or vehicles???  How many times have you used them???

 

[lenny flank]

Do you have fire extinguishers in your home and/or vehicles???  How many times have you used them???

I prefer to keep a W-88 warhead with a 200KT yield on hand, just in case. 

It's the only way to be sure.

 

[packnrat]

if transporting a "secure" gun ( long or short). just respond that you have nothing illegal with you.
some state require even long guns be locked up with ammo else where.

if you are carring, most states do not require. but please check that states laws before going there.
NEVER tell a cop " i have a gun"
have your hands on the wheel, doam light on, window open.

be polite.

when he ( she) askes for your dl.

state
i have a valed carry permit and i have one on me.

then ask
how would YOU like to proceed.

let the leo control things. do not move till he (she) tells you to.

.

 

[frater secessus]

I was stopped at a border patrol checkpoint on the way back from the RTR. They pulled me over because the dog "alerted"<eye roll>.

Two guns in the vehicle. They asked for the one I was carrying and unloaded it. Left it in the passenger seat after the search.

 

[Technomad]

I was stopped at a border patrol checkpoint on the way back from the RTR. They pulled me over because the dog "alerted"<eye roll>.

The dog alerted to a moving vehicle? Where were you driving at the time? Was it during the day or at night?

I’m assuming this was not at an actual border, and during the day (I suspect they pull people over when they don’t like the look of the vehicle or something.)

Gun owners want to defend their constitutional rights, and they should. Your search was a felony under USC 18-242. Your 4th amendment rights were violated.


Sent from my iPhone using Tapatalk

 

[highdesertranger]

Techno, they said they was stopped at a Border Patrol Checkpoint. these checkpoints are all over our southern border miles in from the actual boarder. they can search any vehicle they find suspicious or if a dog alerts them. technically you are probably right about the 4th amendment however arguing about it at the time won't score you any points. highdesertranger

 

[texas0322]

Suspicious, no. Mere suspicion does not create probable cause for a search. Dog alerts, yes because that gives them probable cause. They still need probable cause to search on these inland checkpoints. Your 4th amendment rights don't vanish just because they are involved.

 

[highdesertranger]

I am not disagreeing with you guys but are you going to argue with them? I mean what are you going to do? highdesertranger

 

[rm.w/aview]

The dog alerted and as mentioned gave probable cause as per 4th amendment, possessions remained and trip continued on its course. The description given by Jason indicated no violations on the matter on anyones part, unless I miss read something.

 

[Van-Tramp]

https://www.flexyourrights.org/faqs/when-can-police-use-drug-dogs/

1) They may ONLY use dogs in a legit traffic stop (you have to have violated a traffic law, or suspicion of at least)
2) They can't keep you waiting to get a dog on the scene, only as long as it takes them to run your license and places. If they can't get one in that time, you are free to leave.
3) Just because an officer SAYS he has the right to search, it does not mean he DOES have the right. Remember, not only is it legal for them to lie, they are trained to lie to us (ask any ex-cop). No matter what he OR the dog says, continue to say that you are not consenting to a search. Lock the doors, and DO NOT give permission or the keys to the officer no matter what he or the dog says. He may take the keys in a pat-down (which he can do) but continue to express your not consenting to the search, no matter what.

Don't argue, just politely don't consent. It is as simple as, "Thank you officer, but I do not consent to a search" in a calm voice. Repeat as needed. If he says you are under arrest, simply offer him your wrists and keep your trap shut.

If you have a camera, film it all, including the dog "alerting". Dogs alerts are wrong more often then they are right and can be fought in court if needed. 

Guns are NOT illegal in a car. Store it properly per the state laws and you are fine on that issue.

 

[user 423]

All that might be pertinent to general encounters in the US but at the Border Patrol checkpoints, with all this extra focus by DHS lately and since you're dealing with the feds, it wouldn't be wise to push your luck.

 

[frater secessus]

The dog alerted to a moving vehicle?  Where were you driving at the time?  Was it during the day or at night?

It was a full-highway checkpoint;  everyone drove through scanners/readers then were momentarily stopped.  Deep night, maybe 3am?

It wasn't egregious, and BP were polite and professional.

 

[texas0322]

I drove through a bunch of these checkpoints when I went on a trip to Arizona last year. They were all super polite and since I was polite with them and answered their simple question on citizenship I was waved through everytime. Sometimes they didn't even ask me if I was a citizen.

I think the people who really have trouble are there looking for trouble. Just my 2 cents.

 

[lenny flank]

My encounters with Border Patrol stops took all of four seconds: They asked "Are you a citizen?" and I said "Da, Tovarishch", and they waved me right on through.

:angel:

 

[user 423]

Well sure. "Russki privilege"...

 

[SoulRaven]

slightly off topic but if you're traveling down US395 in CA and have a big american flag visible in a window, most people will assume you have some kind of weapon without even asking and act accordingly.

 

[Chuck1]

The Courts have ruled that your 4th amendment rights don't exist close to borders because national security trumps your rights

United States v. Martinez-Fuerte
a decision of the United States Supreme Court that allowed the United States Border Patrol to set up permanent or fixed checkpoints on public highways leading to or away from the Mexican border and that the checkpoints are not a violation of the Fourth Amendment.[1][2]

https://en.wikipedia.org/wiki/United_States_v._Martinez-Fuerte

 

[texas0322]

They didn't say your 4th amendment rights don't exist close to the border in Martinez-Fuentes. Read the whole decision. They said the checkpoints weren't a violation of your 4th amendment rights. Big difference.

 

[Ray]

you gun totters talk about freedom all the time, seems to me, you are limiting your freedom by trying to carry a gun everywhere. It is a major expense, a nuisance to have to handle it/ pack it around, takes up space, is antisocial, a hassle to keep track of legalities and a legal nightmare if you ever use it, I can't see why any one would bother? What use is it? How many people have you shot today? in the last week? or even in the last year? like the saying goes if you haven't used it in the last year get rid of it.

:dodgy:  I understand your thinking, but (I was tempted to go all caps with that "but," )  :idea: in this world we occupy... could you forgive yourself, live with yourself if you couldn't protect your loved ones if seriously accosted by one with clear intent to harm?  You know we go in harm's way out there(?)