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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  
Old 02-21-2013, 7:53 PM
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Default 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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Old 02-21-2013, 7:56 PM
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"i have nothing illegal in my vehicle"
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Old 02-21-2013, 8:01 PM
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Quote:
Originally Posted by gigglemonkee View Post
"i have nothing illegal in my vehicle"
ah yes...

and my answer to...

"where are you coming from?" - running errands
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Old 02-21-2013, 8:01 PM
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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.

Last edited by epilepticninja; 02-21-2013 at 8:25 PM..
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Old 02-21-2013, 8:02 PM
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http://www.calguns.net/calgunforum/s...ad.php?t=80571
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Old 02-21-2013, 8:03 PM
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Quote:
Originally Posted by bsumoba View Post
LEO asks you if you have firearms in the car?
"i don't consent to searches."
Sir, we are going have to ask you to come back to the station on suspicion of firearms theft.
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  #7  
Old 02-21-2013, 8:03 PM
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"Nothing that youn need to be conserned about"

Last edited by five.five-six; 02-21-2013 at 8:13 PM..
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Old 02-21-2013, 8:04 PM
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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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Old 02-21-2013, 8:05 PM
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Originally Posted by epilepticninja View Post
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.
WRONG. First off, they can search almost the entire car with just reasonable suspicion. Second, what you SAY can give them both reasonable suspicion and probable cause. But that's stuff for your lawyer to worry about later. YOUR job, is to KEEP YOUR MOUTH SHUT and don't consent.

"There is nothing illegal in the car" is all you need to say.
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Old 02-21-2013, 8:07 PM
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Originally Posted by penguin0123 View Post
Sir, we are going have to ask you to come back to the station on suspicion of firearms theft.
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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Old 02-21-2013, 8:14 PM
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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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Old 02-21-2013, 8:15 PM
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Quote:
Originally Posted by gigglemonkee View Post
"i have nothing illegal in my vehicle"
#1 answer ^^^
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Old 02-21-2013, 8:17 PM
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Quote:
Originally Posted by gigglemonkee View Post
"i have nothing illegal in my vehicle"
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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Old 02-21-2013, 8:19 PM
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Originally Posted by curtisfong View Post
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.
And your lawyer has something to challenge later. Do you have a better answer?
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Old 02-21-2013, 8:19 PM
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Originally Posted by curtisfong View Post
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.
I guess you have never taken this approach, it is actually quite effective. Try it sometime.
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Old 02-21-2013, 8:22 PM
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Originally Posted by Tincon View Post
And your lawyer has something to challenge later. Do you have a better answer?
Nope. It is all you can do.
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  #17  
Old 02-21-2013, 8:23 PM
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Nothing illegal...
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  #18  
Old 02-21-2013, 8:25 PM
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Originally Posted by jonc View Post
Nothing illegal...
But what if you have 1/2 oz of pot in the car?
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  #19  
Old 02-21-2013, 8:31 PM
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Quote:
Originally Posted by epilepticninja View Post
There is a thread on this very subject about two weeks. Use the search feature. ....
Fixed that.
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Old 02-21-2013, 8:31 PM
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Quote:
Originally Posted by Tincon View Post
WRONG. First off, they can search almost the entire car with just reasonable suspicion. Second, what you SAY can give them both reasonable suspicion and probable cause. But that's stuff for your lawyer to worry about later. YOUR job, is to KEEP YOUR MOUTH SHUT and don't consent.

"There is nothing illegal in the car" is all you need to say.
When I state you can say whatever you want, I'm inferring that you can choose to say nothing; advise the officer or deputy that you do not feel inclined to answer their question; or state you have nothing illegal in your vehicle and you don't consent to a search.

Last edited by epilepticninja; 02-21-2013 at 8:35 PM..
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  #21  
Old 02-21-2013, 8:34 PM
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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
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  #22  
Old 02-21-2013, 8:48 PM
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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..
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Old 02-21-2013, 8:52 PM
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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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Old 02-21-2013, 8:53 PM
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I just take a page from the calguns handbook and tell them:

MYOFB!

Works great.
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Old 02-21-2013, 8:54 PM
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Quote:
Originally Posted by Foreman View Post
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.
To make sure this works every time, I slapped a Brady campaign to end gun violence bumper sticker on all my cars.
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Old 02-21-2013, 8:55 PM
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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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Old 02-21-2013, 8:57 PM
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Quote:
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Why would they ask that if not to harass?
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."
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Old 02-21-2013, 8:58 PM
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To make sure this works every time, I slapped a Brady campaign to end gun violence bumper sticker on all my cars.
****. That's brilliant.
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Old 02-21-2013, 9:01 PM
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Quote:
Originally Posted by California44 View Post
Isn't it like the officer asking 'do you have any potato chips in the car'? Whether I have or do not have something legal in the car isn't an appropriate question. Why would they ask that if not to harass? When would an officer finding something legal in my car help produce an end that the officer is paid and sworn to do? Am I wrong to assume that such a question is the beginning of a hard time? That's the point in answering "I have nothing illegal in my car" is all about, right? Are there any LEO's here that have asked this question and received such a response and what did you do? To me, its just very awkward.
They ask about weapons primarily for officer safety. It can also be useful in seeing how they respond to the question. Most people just say no regardless unless their a LEO or a CCW holder but they usually declare that from the getgo.
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Old 02-21-2013, 9:02 PM
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Quote:
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To make sure this works every time, I slapped a Brady campaign to end gun violence bumper sticker on all my cars.

Do you think that this one would work?


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Old 02-21-2013, 9:02 PM
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Am I free to go?
Am I being detained?
Have you heard of the 4th Amendment?
I'm not Christopher Dorner.
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Old 02-21-2013, 9:02 PM
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Quote:
Originally Posted by otteray View Post
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.
This ^^^. I drove in CA for 20 years as a resident and another 20 as a non-resident/visitor. Not once have I ever been asked about guns in the vehicle.
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Old 02-21-2013, 9:05 PM
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"have you heard of the fourth amendment?" is not gonna help
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Old 02-21-2013, 9:05 PM
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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."
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Old 02-21-2013, 9:05 PM
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you say no

any other answer might give probable cause to use the unconstitutional loaded check
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Old 02-21-2013, 9:06 PM
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"have you heard of the fourth amendment?" is not gonna help
I was giving the stock answers that are given every couple of weeks. Sorry you missed that.
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Old 02-21-2013, 9:18 PM
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Quote:
Originally Posted by gigglemonkee View Post
"i have nothing illegal in my vehicle"
Quote:
Originally Posted by Tincon View Post
WRONG. First off, they can search almost the entire car with just reasonable suspicion. Second, what you SAY can give them both reasonable suspicion and probable cause. But that's stuff for your lawyer to worry about later. YOUR job, is to KEEP YOUR MOUTH SHUT and don't consent.

"There is nothing illegal in the car" is all you need to say.
Worst answer ever!!! They didn't ask you if you had anything illegal in your car! Firearms properly stowed are not illegal.

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.
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Old 02-21-2013, 9:18 PM
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Just say "F*ck Off"... works everytime! !!
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Old 02-21-2013, 9:26 PM
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Just say "F*ck Off"... works everytime! !!
Don't forget to add the "pig, oink oink oink" at the end
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Old 02-21-2013, 9:27 PM
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Don't forget to add the "pig, oink oink oink" at the end
And remind him who he ultimatly works for and is sworn to protect and serve.
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