Mike D and LEO's .. question..

[systemnt]

Can a LEO pulling over someone for a traffic violation, upon being properly notified of a CHL, then proceed to check to see if the weapons are stolen?

I know they can disarm you, but wouldn't this fall into the probable cause and search boundries?

and no I'm not worried about it, and don't care if it happens to me..

[DorothyNotKeegan]

Are you asking a serious question or just bored and stirring?

[systemnt]

Do you know the answer? I can't find it.. even on the chl forum...
doesnt seem to be clear cut.. My inclination is no they couldn't..but certain rights are tinted with a chl..just wondering if this is one of them..

[DorothyNotKeegan]

Depends.....

[kurt68]

It happened to me. Pulled over for speeding, after telling them I had it and a CHL, one took the gun and ran the #'s. The other kept asking me where I was coming from, going etc.....came back and put the gun back in the console without the clip in it(clip was placed under the gun and holster). Gave me my ticket and sent me on my way.

[Mike D]

If he disarms you I would think that he would run the numbers to see anyway.

Did the officer disarms the person that this happened to?

[systemnt]

If he disarms you I would think that he would run the numbers to see anyway.

Did the officer disarms the person that this happened to?

In the instance I'm talking about, he did.. pretty much exactly what happened to Kurt68..
disarmed, checked gun, unloaded-returned, gave warning for the original traffic violation...

I'm not complaining that he shouldn't or can't, actually doesn't bother me if he does..might actually prefer that he does do it... just wondering if...legally..he actually can with all the stipulations on the chl?
There's actually a bit more confusion , considering you don't need a chl to have a gun in the vehicle... (I don't remember seeing this anywhere in the reg's..and cant find it)

[curtintex]

Same thing happened to me. Pulled over for speeding. Officer asked to see my weapon. Took it to his car and ran the serial number. Returned it to me unloaded and gave me a warning. DPS are the only LE ive ever heard of doing this.

[Mike D]

Since it is legal to disarm you, I can't think of any reason that it would be illegal for him to run the gun to see if it's stolen. I don't know of any regulations in the PC saying that he can't.

I guess it all depends on the officer. If he's new to the force or hasn't been involved in many traffic stops involving CHL, he may just be erring on the side of caution.

Maybe TVC184 will chime in.

Also, if you are not CHL and carrying under the MPA, you don't have to disclose that you have a weapon in the vehicle.

[cbrown]

Yes they can do it. Personally as a patrol officer the person i worried about the least with a weapon was a CHL holder.

To my knowledge there is no case law on this subject though. If a gun was found to be stollen in the given instance it might make for an interesting case.

[BIG IRON]

Depends.....

Thanks Keegle. I knew you would come through with some clarity

[systemnt]

Guess the question is does the running of the serial numbers consitute a search?

[systemnt]

Yes they can do it. Personally as a patrol officer the person i worried about the least with a weapon was a CHL holder.

To my knowledge there is no case law on this subject though. If a gun was found to be stollen in the given instance it might make for an interesting case.

thanks.. I agree.. kind of a grayish area.. which is why i was askin

[DorothyNotKeegan]

Thanks Keegle. I knew you would come through with some clarity

Well you never know.....





Plain view..........

[jcso139]

How did the officer get the gun? The running of the serial numbers does not constitute a search. Its how he obtained the gun.