Car search because of CCW...

[Huklberyhound]

I have a question on LEO's reasonable search of your car because you have a ccw but don't have your gun on you. My wife just took her CCW class Friday and one thing the guy told about was that by the time your tag is run and you pull over a "C " is by your name meaning you have a CCW. He told of how when asked if he had his gun on him and he said no. The cop didn't believe him and said he was lying and that was probable cause to search his car. This is third hand info and I wasn't at the class so I don't know how accurate this is but it is the nuts and bolts of the idea. This always has been a question I've had: What would stop them from just saying whatever the want to fit the situation in order to search your car?

 

[Rick O'Shay]

I have a question on LEO's reasonable search of your car because you have a ccw but don't have your gun on you. My wife just took her CCW class Friday and one thing the guy told about was that by the time your tag is run and you pull over a "C " is by your name meaning you have a CCW. He told of how when asked if he had his gun on him and he said no. The cop didn't believe him and said he was lying and that was probable cause to search his car. This is third hand info and I wasn't at the class so I don't know how accurate this is but it is the nuts and bolts of the idea. This always has been a question I've had: What would stop them from just saying whatever the want to fit the situation in order to search your car?

Nothing.

 

[gdcleanfun]

I have a question on LEO's reasonable search of your car because you have a ccw but don't have your gun on you. My wife just took her CCW class Friday and one thing the guy told about was that by the time your tag is run and you pull over a "C " is by your name meaning you have a CCW. He told of how when asked if he had his gun on him and he said no. The cop didn't believe him and said he was lying and that was probable cause to search his car. This is third hand info and I wasn't at the class so I don't know how accurate this is but it is the nuts and bolts of the idea. This always has been a question I've had: What would stop them from just saying whatever the want to fit the situation in order to search your car?

In Nevada we can carry our pistols, etc., in our cars anyway, concealed or open, just not concealed on our persons unless we have a valid CCW. So, we are not breaking the law if an LEO finds one during his/her search of the vehicle. I don't know what cause an LEO would need to search someone's vehicle.
On a personal note: the only problem I would have if an LEO asked to search my vehicle would be if they "tore the vehicle apart." I'm too decrepit to put it back together. :no:

 

[GHF]

C on the License

My wife just took her CCW class Friday and one thing the guy told about was that by the time your tag is run and you pull over a "C " is by your name meaning you have a CCW.

There is no connection between Charles Bronson's Department of Agriculture and Consumer Services and the Florida Department of Transportation. I would suspect if this idea would be slipped into the administrative work of the State, Marion Hammer, the midwife of concealed carry and Stand Your Ground would be all over the issue.

The renewals are different, the timing of renewal is different, and the tag on the car is for the owner, not the driver or occupant.

 

[Red Hat]

That scenario doesn't make sense. No law was broken. There is no probable cause to search a vehicle for a firearm just because someone doesn't have one with them. If that happened to me it would tick me off and I'd demand a search warrant!

 

[wolfhunter]

That scenario doesn't make sense. No law was broken. There is no probable cause to search a vehicle for a firearm just because someone doesn't have one with them. If that happened to me it would tick me off and I'd demand a search warrant!

+1

Can't you just hear that judge when they wake him at 2 am to sign a warrant? "Well, Your Honor, the officer says they claim to not have a firearm, but they have a CWL." (Judge's response deleted for younger audiences)

 

[maybejim]

I have a question on LEO's reasonable search of your car because you have a ccw but don't have your gun on you. My wife just took her CCW class Friday and one thing the guy told about was that by the time your tag is run and you pull over a "C " is by your name meaning you have a CCW. He told of how when asked if he had his gun on him and he said no. The cop didn't believe him and said he was lying and that was probable cause to search his car. This is third hand info and I wasn't at the class so I don't know how accurate this is but it is the nuts and bolts of the idea. This always has been a question I've had: What would stop them from just saying whatever the want to fit the situation in order to search your car?

The answer to that is always carry.

 

[NavyLCDR]

No, it is absolutely NOT grounds for probable cause for a search because you have a CCW license but say you have no gun. The license is not a REQUIREMENT to carry a gun, it is a permission slip. That would be no different than a non-CCW holder saying they have no weapons. The answer to the OP scenario is to lock the doors, roll the window up nearly all the way, state, "Sir/Officer, I do not consent to a search of my vehicle, I would like a supervisor to be called to this scene, please."

I doubt that the CCW in Florida is tied at all to the driver's license and certainly not to vehicle registration.

 

[Huklberyhound]

OK maybe it was when he ran his drivers license. I wasn't at the class, but it happened to one of the instructors giving the class. I may have also gotten the abbreviated version of the story. I may have the opportunity to sit through his class soon, if so I will provide more info.

 

[2beararms]

In Florida the fact that you hold a CCW does not show up when they run your plate or your driver's license although I think perhaps your wife may want to re-take the course from someone who actually knows any of the information.

 

[Sheldon]

Sounds like one of those Urban legend things, I've only been stopped one time since I have CCW'd and after giving my DL and CCW I was allowed to go with out even a written warning....

 

[scdapmp]

while I agree there is no grounds for a search it all depends on the cop you get. Some of them just flat out don't like CC'er and think we shouldn't exist.

 

[Glock Fan]

In Florida the fact that you hold a CCW does not show up when they run your plate or your driver's license although I think perhaps your wife may want to re-take the course from someone who actually knows any of the information.

I belong to a fourm for NRA Instructors. One of the recent discussions was about inconsistancies and misinformation in instruction by FL instructors. It's sad, but there are a lot of folks out there who for whatever reason provide faulty or outright wrong information in their classes.

Finding another instructor wouldn't be a bad idea. It could be the difference between learing the right info and staying out of jail and getting bad info and losing your 2A rights.



gf

 

[gdcleanfun]

I belong to a fourm for NRA Instructors. One of the recent discussions was about inconsistancies and misinformation in instruction by FL instructors. It's sad, but there are a lot of folks out there who for whatever reason provide faulty or outright wrong information in their classes.

Finding another instructor wouldn't be a bad idea. It could be the difference between learing the right info and staying out of jail and getting bad info and losing your 2A rights.



gf

Hi GF, the same goes for the instruction in Nevada. Gotta have the best instructor to get the best info! I learned that for sure!