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re: Why Must You Tell A Cop If You Have A Gun In The Car? Isn't A Search Warrant Required?

Posted on 4/14/26 at 6:42 am to
Posted by onmymedicalgrind
Nunya
Member since Dec 2012
12182 posts
Posted on 4/14/26 at 6:42 am to
quote:

Where, you going, work. Where do you work, XXX.

Don't answer these questions.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
80944 posts
Posted on 4/14/26 at 6:43 am to
So they don't freak out when they see it.
Posted by RCDfan1950
United States
Member since Feb 2007
39719 posts
Posted on 4/14/26 at 6:55 am to
“ Where, you going, work. Where do you work, XXX.” (quote omg).

Those questions are to create a reactionary base line of honest interaction, kinda like the simple questions first asked in a lie detector test. So that the officer can gauge the potential threat level. Honest people should have no problem answering said questions. Of course if one views the ‘authorities’ as unjust, then the problem is much more complicated and increasingly dangerous than a traffic stop.
Posted by jrodLSUke
Premium
Member since Jan 2011
26351 posts
Posted on 4/14/26 at 6:59 am to
It’s legal for a cop to order you out of a car. It is illegal to refuse a lawful order.
Posted by Pragmatist2025
Member since Jun 2025
1026 posts
Posted on 4/14/26 at 7:05 am to
I know that is says to disclose that I have a firearm in my possession/vehicle when approached by an officer on my CC permit. Also, I do not have the right to arrest or detain someone, which kinda sucks.
Posted by Trevaylin
south texas
Member since Feb 2019
11027 posts
Posted on 4/14/26 at 7:07 am to
its a whole safer to proactively tell the cop you have a gun in the car, where it is and if it is loaded.
Posted by SG_Geaux
Beautiful St George, LA
Member since Aug 2004
80695 posts
Posted on 4/14/26 at 7:08 am to
I carry on my two o clock. Where my wallet is. I pull my wallet out immediately before the officer is ever at my window.

I hand him my DL and CL and tell him I am carrying on my 2 o'clock. Or if I am not carrying that day, I state that as well.

Posted by Timeoday
Easter Island
Member since Aug 2020
23264 posts
Posted on 4/14/26 at 7:14 am to
quote:

“For officer safety.” It’s amazing how much the constitution gets shite on based on those words.


"Well Officer, I feel you are infringing upon my right to bear arms by asking me that question. It is none of your damned business."
Posted by deltadummy
Member since Mar 2025
2551 posts
Posted on 4/14/26 at 7:21 am to
quote:

“ Where, you going, work. Where do you work, XXX.” (quote omg).

Those questions are to create a reactionary base line of honest interaction, kinda like the simple questions first asked in a lie detector test. So that the officer can gauge the potential threat level. Honest people should have no problem answering said questions. Of course if one views the ‘authorities’ as unjust, then the problem is much more complicated and increasingly dangerous than a traffic stop.


So you think it's perfectly reasonable for the government to demand to know where we're going and where we work.

Posted by Timeoday
Easter Island
Member since Aug 2020
23264 posts
Posted on 4/14/26 at 7:30 am to
quote:

It’s legal for a cop to order you out of a car. It is illegal to refuse a lawful order.


Which is why I lockmy car the minute I step out. My keys are always on the dash immediately when pulled over. Even my unopened 1/2 pint of Jim Beam is nearby in case I need it after placing my keys on the dash.
Posted by wackatimesthree
Member since Oct 2019
13585 posts
Posted on 4/14/26 at 7:42 am to
quote:

not quite the same but 20 years ago i had been working in western co for 6 weeks. finally headed home and yea, i was hauling arse on i-70. get pulled over. i look in the mirror and the trooper is behind his open door, gun pointed at me. got the whole "driver - show me your hands and exit backward to the sound of my voice". got put to the ground and he swarmed the truck. turns out, there had been a few calls about a guy in a white suburban - like mine - beating his old lady. once they figured out it wasn't me they told me to beat it and slow down.
rattled me good. i did not have a gun.


I don't know what a court would have ruled, but in my opinion that should be a violation of the 4th.

Cops think that any time someone calls the station and reports anything that gives them the right to go to any lengths to detain anyone they want.

But they are supposed to have reasonable, articulable suspicion that YOU (not just somebody out in the world) have committed a crime, are about to commit a crime, or are in the commission of a crime to detain you beyond the parameters of the traffic stop for speeding.

Given that there were probably a couple hundred white suburbans tooling up and down I-70 that night, that's not enough in my opinion to have you on the ground. Or to detain you at all beyond just writing the ticket for speeding.

You were speeding, which was cause for the traffic stop, and Penn v Mimms is enough to order you out of the car once you've been stopped, but if all they had was "white suburban," as I understand it they were supposed to just write the ticket (which they can do with you out of the car standing beside the road) and let you go. There has to be some additional probable cause to put you on the ground and search your vehicle, and "white suburban" is not enough for that.

Again, I'm not a lawyer and the court could completely prove me wrong, but that's my understanding of the 4th as a citizen. Sorry that hapened to you.
Posted by TigerAxeOK
Where I lay my head is home.
Member since Dec 2016
38059 posts
Posted on 4/14/26 at 8:19 am to
quote:

Why Must You Tell A Cop If You Have A Gun In The Car?

Depends upon how your State laws are written.
Posted by Swamp Angel
West Georgia Chicken Farm Territory
Member since Jul 2004
10198 posts
Posted on 4/14/26 at 8:49 am to
It's not required in Georgia either. Sometimes, notifying an officer who has pulled you over that you are carrying can add a bit of unintended stress to the stop. Not that it should, but human nature being what it is can cause someone to jump to the worst immediate conclusion and a simple statement can be interpreted as a threat.
Posted by VOR
New Orleans
Member since Apr 2009
68835 posts
Posted on 4/14/26 at 9:18 am to
It’s one of those exceptions made years ago as a reasonable precaution for officer safety…
Posted by SixthAndBarone
Member since Jan 2019
11192 posts
Posted on 4/14/26 at 9:38 am to
quote:

"Well Officer, I feel you are infringing upon my right to bear arms by asking me that question. It is none of your damned business."


"For officer safety, I'm going to ask you to step out of your car [this is legal] and I'm going to pat you down [this is legal] and I'm going to look in your car to make sure you don't have any weapons that may be used to harm me [this is a gray area that courts side with the cops]."
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115485 posts
Posted on 4/14/26 at 9:41 am to
Traffic stop alone is a basis to ask the question.

If you have a CHP/CCP and are carrying, you are required by law to advise the LEO if you are interacting with them in their LEO capacity (as opposed to standing next to each other in a check out line).
Posted by High C
viewing the fall....
Member since Nov 2012
61047 posts
Posted on 4/14/26 at 9:44 am to
Other than a misguided principle, why wouldn’t you want to tell them?
Posted by wackatimesthree
Member since Oct 2019
13585 posts
Posted on 4/14/26 at 10:19 am to
quote:

It’s legal for a cop to order you out of a car.


During a traffic stop.

But not if you're just sitting on the side of the road legally parked and there is no probable cause for them to suspect you of anything.
Posted by idlewatcher
Planet Arium
Member since Jan 2012
97046 posts
Posted on 4/14/26 at 10:41 am to
quote:

Windows down. Credentials ready. On my way in less than 10 mins. Usually with a warning.


"Yea b/c you're white!!"
Posted by wackatimesthree
Member since Oct 2019
13585 posts
Posted on 4/14/26 at 10:50 am to
quote:

Honest people should have no problem answering said questions.


bullshite.

Let's say a robbery was just committed two blocks away and the perp drove away in the same kind and color of car you're driving (just like beaux duke's story above). Let's say that where you tell them you originally are coming from takes you generally past the scene of the crime. Further, let's say you skip telling them that you detoured for one block even closer to the crime scene and pulled in at the post office mail drop box because you forgot (it didn't even require you to get out of the car).

Now let's say that they find out that you omitted that stop and they interpret that omission as a lie. They "like" you for this crime—your car fits the exact description (of course, it's also the same description as every 6th car on the road, but they're cops, so they don't see it that way), and you fit the general description (which is only "white male, 180-220 lbs, light hair, wearing kahki pants"), so that together with your "lie" leads them to conclude that you are their main suspect in this crime.

They also decide that it provides probable cause to search your car, in which they find a bag from the store that was robbed (which you got last week when you stopped there to get a candy bar and a Coke, like you do almost every week since it's on your way home...but again, they're cops, so...). Now they are sure it was you, and the fact that you have $450 in cash in your wallet when $375 was stolen from the store, and the fact that you have it in your wallet is because you won some games of pool betting against strangers the night before doesn't sway them at all.

Let's say they have a "witness" who identifies you as the person in the store. Never mind that the "witness" only saw the perp from behind as he ran out the door. Now let's say it goes all the way to trial. Now you're on the stand trying to explain why you "lied" to the cops. And even if it doesn't go to trial, you could still lose your job over being arrested for it and you might incur serious legal expenses to defend yourself.

If you had just kept your mouth shut and told them, "Officer, I appreciate and respect the job that you do and will be gladly complying with every lawful order you give me during this traffic stop, but I will be invoking my 5th amendment right to remain silent at this time," they wouldn't have had the opportunity for all of that.

Sound crazy? Look up Kirk Bloodsworth. Incorrect witness identification sent that guy to death row (DNA exonerated him after nine years inside).

Or Leonard Mack. Same thing, witness misidentification. It took 47 years for DNA to clear him.

How about Philando Castile? That guy was pulled over for a minor traffic violation and the officer "became suspicious" because—just like my hypothetical above, there was a robbery that the officer thought he matched up for. He ended up being shot in the incident even though he wasn't the robber.

The moral of the story, do not talk to the po-lice without your attorney present. Not even about where you are coming from or going, or the weather, or how the Tigers are doing on Saturday. There is a reason that you have a right to remain silent and there is a reason that your Miranda rights contain the phrase, "Anything you say can and will be used against you," because it's true.

This post was edited on 4/14/26 at 10:54 am
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