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Posted on 11/13/13 at 10:58 am to UpToPar
quote:
And you would be violating his rights by doing so, assuming he does not consent.
I don't know what else to tell you about this. Go on believeing this if you wish but you would not be more wrong and the court system will not be on your side in this. I am 100% in support of gun rights in this counry and I am a staunch 2nd amendment supporter but that doesn't change the law. I don't write the laws but I do know the ones that apply to my job and this is one of those instances. I don't make the interpretations myself I rely on our legal counsel, The Supreme Court, and the court systems of Louisiana to tell us what to do and they HAVE ALREADY SPOKEN ON THIS POINT.
Posted on 11/13/13 at 10:58 am to DanTiger
quote:
Notify the officer that he has a weapon on his person;
This is the key.
Posted on 11/13/13 at 11:03 am to DanTiger
quote:
I don't make the interpretations myself I rely on our legal counsel, The Supreme Court, and the court systems of Louisiana to tell us what to do and they HAVE ALREADY SPOKEN ON THIS POINT.
You have yet to cite a case or law of any kind that says a cop is allowed to seize and secure a firearm, NOT ON THE PERSON OF THE DRIVER OR A PASSENGER, to ensure his safety during a traffic stop.
You are citing cases in which the officer is patting down the driver to make sure there are no firearms on his person.
Posted on 11/13/13 at 11:04 am to DanTiger
Everything I have posted points to that being overturned if challenged as a federal question. That law is awful and does nothing to protect officers from someone that would want to do harm to him. It ranks right up with gun free zones in my opinion. Restrict legal citizens while doing nothing to those bent on breaking the law anyway. Unless you believe, I was going to shoot that cop until I remembered I have to tell him about the gun.
Posted on 11/13/13 at 11:06 am to UpToPar
quote:
This is the key.
Look man I don't know what more to tell you if you don't understand what that means. Do you think putting it under your seat is not on your person. I have told you how the law works but you seem intent on arguing with me so have it your way. This is what i do for a living and I ASSURE you I am correct. What possible motivation would I have to mislead you? YOu should absolutely know you rights and exercise them. If you want to open carry through town you will catch no grief from me but you could not be more wrong in what you have stated in this thread and if you don't know your rights you will look like a fool when you try to exercise them.
Posted on 11/13/13 at 11:06 am to UpToPar
quote:
You have yet to cite a case or law of any kind that says a cop is allowed to seize and secure a firearm
Doesn't exist as far as my West Law research. It is a federal question that from what I posted above would get destroyed.
Posted on 11/13/13 at 11:13 am to boom roasted
quote:
Law school?
While working full time in law enforcement, yes. All I have to do is start collecting taxes to own the trifecta of supreme a$$hole:
Cop
Lawyer
Tax collector.
Posted on 11/13/13 at 11:13 am to DanTiger
quote:
This is what i do for a living and I ASSURE you I am correct.
You interpret the law for a living?
quote:
Do you think putting it under your seat is not on your person.
This would be closer than in the glove box, but I can assure you, the glove box is not considered on your person. Hell, there are Terry cases where a cop has stopped someone and is not even allowed to search their schoolbag or purse under Terry.
Posted on 11/13/13 at 11:14 am to Five0
quote:
Doesn't exist as far as my West Law research. It is a federal question that from what I posted above would get destroyed.
I did one too. There are no cases in Louisiana that even comes close to saying this is permissible. Terry allows you to search the person. Without anything else, it does not allow you to search the car.
One time, he is going to go into someone's glove box looking for a gun, find a bag of marijuana, and it will be thrown out.
Posted on 11/13/13 at 11:16 am to UpToPar
quote:
This would be closer than in the glove box, but I can assure you, the glove box is not considered on your person. Hell, there are Terry cases where a cop has stopped someone and is not even allowed to search their schoolbag or purse under Terry.
Are you LITERATE???? I have never debated with a person like you before. WHERE did I say it is legal to do a search of the glove box????? I clearly said if you volunteer the weapon is there and where it is or if it is in plainview the officer is well within his rights to secure it for safety reasons and place it in the back of your car until he leaves.
Posted on 11/13/13 at 11:16 am to UpToPar
quote:
UpToPar
I'm going to guess you're in law school too.
Posted on 11/13/13 at 11:17 am to UpToPar
quote:
One time, he is going to go into someone's glove box looking for a gun, find a bag of marijuana, and it will be thrown out.
:lol: :lol: :lol: :lol: Jesus!!!!! Have you read ANYTHING I have written?
Posted on 11/13/13 at 11:17 am to boom roasted
quote:
I'm going to guess you're in law school too.
I am going to guess he is not.
Posted on 11/13/13 at 11:20 am to DanTiger
quote:
Are you LITERATE???? I have never debated with a person like you before. WHERE did I say it is legal to do a search of the glove box????? I clearly said if you volunteer the weapon is there and where it is or if it is in plainview the officer is well within his rights to secure it for safety reasons and place it in the back of your car until he leaves.
:sigh:
This whole thread is about OP's gun being in the glove box. Again, and I repeat, just because the driver tells you he has a gun in his glove box does not give you the right to seize it. Just because he is volunteering the information that the gun is there does not mean he consents to you going into his glove box and taking the gun. I don't know why that is hard to understand. Therefore, if you do not have his consent to go into the glove box, him telling you it is there does not mean it is no longer a search if you go in there.
Posted on 11/13/13 at 11:20 am to DanTiger
I think he is. Law students have a certain arrogance about them.
Posted on 11/13/13 at 11:24 am to UpToPar
quote:
This whole thread is about OP's gun being in the glove box. Again, and I repeat, just because the driver tells you he has a gun in his glove box does not give you the right to seize it. Just because he is volunteering the information that the gun is there does not mean he consents to you going into his glove box and taking the gun. I don't know why that is hard to understand. Therefore, if you do not have his consent to go into the glove box, him telling you it is there does not mean it is no longer a search if you go in there.
At least you have acknowledged a point of discussion and you are wrong about this. For officer safety the weapon may be secured. If you wish to disagree with me on this point that is fine but there have been cases that indirectly ruled on the issue, as cited by me earlier, and they, to date, have supported my claim. The state believes we have the right to do this and it is what we do. If this changes in the future, and things often do in relation to our laws, it could well be different but right now the state of LA operates all of our law enforcement agencies this way.
Posted on 11/13/13 at 11:24 am to DanTiger
*excuse me, consol* The OP was about the gun being in his console. Still out of plain view.
Posted on 11/13/13 at 11:25 am to boom roasted
Arrogance or not, the truth is the truth. Citing the facts of this scenario and the fact of decided cases holds more water than, I do this for a living. Particularly when I do the same thing for a living. 
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