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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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answering a cop when they ask if you have firearms in car
LEO asks you if you have firearms in the car? possible answers:
1) yes, and they are properly stored and secured 2) yes... 3) .......(chirp, chirp...) i already know the answer to, "can we search your vehicle?" The answer to this is "i don't consent to searches." But, if you answer the question of firearms in your vehicle as #1, #2, or #3, which could give LEO the right to search the vehicle, if any at all? just want to be prepared...
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Visit- www.barrelcool.com The Original Chamber Flag and Barrel Cooler in 1 Instagram: barrelcool_ |
#3
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ah yes...
and my answer to... "where are you coming from?" - running errands
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Visit- www.barrelcool.com The Original Chamber Flag and Barrel Cooler in 1 Instagram: barrelcool_ |
#4
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There was a thread on this very subject about two weeks ago. Use the search feature. And you can answer whatever you want, because unless there is probable cause, a search incident to arrest, or an inventory of the vehicle prior to towing, they can't search your vehicle. Now if you give them permission, or they have a search warrant, you're forked.
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Former political prisoner who escaped on 9-24-23. Last edited by epilepticninja; 02-21-2013 at 8:25 PM.. |
#5
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#7
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"Nothing that youn need to be conserned about"
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We’re ALL GOING TO DIE! Can’t somebody do something?!?!?!?! Last edited by five.five-six; 02-21-2013 at 8:13 PM.. |
#8
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this comes up every few weeks.
bottom line, the 4th amendment is dead thanks to Terry + echeck. there is very little you can do to prevent an illegal search.
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#9
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Quote:
"There is nothing illegal in the car" is all you need to say. |
#10
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Great, and can I please get all your names written down so my lawyer doesn't misspell them when he files my § 1983 civil rights lawsuit in federal court? Thanks!
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#11
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You are under no obligation to say anything to the police. If you get pulled over just hand them your license, registration, and proof of insurance.
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Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#12
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#13
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and if that's all you say over and over, or just clam up, the cop will think you are "suspicious" and he will say that for "officer safety" reasons he is going to conduct a search anyway.
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#14
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And your lawyer has something to challenge later. Do you have a better answer?
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#15
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I guess you have never taken this approach, it is actually quite effective. Try it sometime.
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Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#16
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Nope. It is all you can do.
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#18
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We’re ALL GOING TO DIE! Can’t somebody do something?!?!?!?! |
#20
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Quote:
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Former political prisoner who escaped on 9-24-23. Last edited by epilepticninja; 02-21-2013 at 8:35 PM.. |
#21
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The "I don't have anything illegal in my car" answer is fundamentally correct. However it requires proper application for it to be most successful.
If the cop asks "Do you have any weapons in your vehicle" and you reply, simply and flatly, "I don't have anything illegal in my car" the response can, and in my friend's experience has, led to the officer saying "That's not what I asked. Do you have any weapons?" This can lead to a very tense situation, as the officer now has their interest and awareness piqued as he recognizes that you are dodging his question. The proper application of the response "I don't have anything illegal in my car" requires, or at least is best augmented by, first asking him, in a shocked, surprised tone: "Do I what?" You must ensure that this gives the impression to the officer that you wouldn't even dream of doing anything like transport weapons legally in the car. You must imply shock. You must make him believe that your mindset is that of a sheep, that transporting weapons in a legal fashion is the same as smuggling nuclear weapons under the nose of border patrol agents. He will then repeat the question, "Do you have any weapons in the vehicle?" This is when, in a tone of voice that says "I wouldn't dream of doing anything like that", you reply "I don't have anything illegal." There is a subtle tonal change in the nature of the conversation at this point. The officer, unless he is sharp and notices that you still have yet to answer the question, will take cues from your tone of voice and body language that you equate weaponry with illegality, and illegality as something unconscionable. It is a preferable change from the former nature that, while not necessarily suggested by previous posters, is not ruled out. That tone is one of combativeness and implied subterfuge, which is detrimental to an officer encounter. It is likely that at this point the subject will be dropped, and the officer will proceed along the rest of his line of questioning. Last edited by Foreman; 02-21-2013 at 8:39 PM.. Reason: too many ****ing commas |
#22
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Anyone ever been stopped for "swerving". PC for vehicle stops can be easily fabricated. Same goes for vehicle searchs. Although the 4th amendment is still techniquely on the books, in practice many just don't give a dam. Searchs incident to a K-9 cue is the best. Any good K-9 Officer worth his salt will have developed a signal to get his K-9 to "cue" on demand. Some will just do whatever they want and let the DA worry about whether the search was constitutional.
Last edited by StuckInTheP.R.O.Ca; 02-21-2013 at 8:53 PM.. |
#23
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I got my California Motor Vehicle License in 1966, drive just about every day and have never been asked by a cop about firearms in all those many years. You worry too much. Follow the rules of the road, drive defensively, keep your vehicle in tip top shape and you should have an uneventful lifetime of driving.
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Single fin mentality |
#25
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Show your friends your 1911's and your enemies your glocks! Say no to posers & wannabes. |
#26
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I respond "I don't have any contraband officer" in a very polite tone with eye contact and have only once gotten a follow up once but in that instance I was already cuffed and stuffed and a search was imminent.
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#27
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Depending on the answer, and how the answer is given, it can give the officer impetus to ask for, and gain (if you aren't careful), permission to search your car. Even if you don't believe you have anything illegal in your car, you may be unaware of the law in regards to something that is in your car. Admitting you have a weapon allows them to examine that weapon, and then in the course of the examination they are more likely to uncover other things.
The question is essentially a lead-up for a fishing expedition, one that doesn't end well for those on the receiving end. Even if they don't find anything, your car is turned upside down, your time is lost, and you suffer the indignity and embarrassment of being harassed by an agent of the state on the side of the road. The cop, though, is just "doing his job." |
#29
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Quote:
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#30
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Quote:
Do you think that this one would work?
__________________
We’re ALL GOING TO DIE! Can’t somebody do something?!?!?!?! |
#32
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Quote:
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"Did I say "republic?" By God, yes, I said "republic!" Long live the glorious republic of the United States of America. Damn democracy. It is a fraudulent term used, often by ignorant persons but no less often by intellectual fakers, to describe an infamous mixture of socialism, miscegenation, graft, confiscation of property and denial of personal rights to individuals whose virtuous principles make them offensive." - Westbrook Pegler |
#34
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When are you guys going to remember this. It's all over the web, and its repeated here often. Do not say anything but "I am sorry officer but I don't answer questions without counsel present." And then shut the heck up.
There is nothing you can say to talk your way out that isn't hurtful in the long run. So keep our mouth shut, except to repeat the above mantra. The on,y other thing you should ever say is "I am sorry officer, but I do not consent to searches of my vehicle or person or anything under my control." |
#36
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I was giving the stock answers that are given every couple of weeks. Sorry you missed that.
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#37
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This answer just raised the idea of a lie. The best answer is silence or " i do not wish to discuss the inventory of my vehicle." If they begin to search, you tell them you do not consent to a search. |
#40
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And remind him who he ultimatly works for and is sworn to protect and serve.
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We’re ALL GOING TO DIE! Can’t somebody do something?!?!?!?! |
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