Searched in a parked car in front of my mothers house

[Phace]

I was in the passenger side of MY own car parked in front of my mothers house. A police car pulled up along side the car and asked my cousin, who was in the drivers seat, what we were doing. My cousin told them that we were waiting for my brother. They then asked "who's car is that", I answered mine. They got out and asked my cousin for his drivers license, the officer at my window asked for the regestration and insurance. I handed them the paper work along with my license, after they verified the info they handed everything back and asked me to step out of the car. I stepped out without a problem and they frisked me.

I've been charged with criminal possession of a firearm with intent to use.

I need to know if the search was legal. As far as I know they had no reason to even question us.

 

[seniorjudge]

I was in the passenger side of MY own car parked in front of my mothers house. A police car pulled up along side the car and asked my cousin, who was in the drivers seat, what we were doing. My cousin told them that we were waiting for my brother. They then asked "who's car is that", I answered mine. They got out and asked my cousin for his drivers license, the officer at my window asked for the regestration and insurance. I handed them the paper work along with my license, after they verified the info they handed everything back and asked me to step out of the car. I stepped out without a problem and they frisked me.

I've been charged with criminal possession of a firearm with intent to use.

I need to know if the search was legal. As far as I know they had no reason to even question us.

Google

united states supreme court terry v ohio


Yes, the officers, for their safety, have the right to pat you down.

 

[seniorjudge]

...


It is true that there have been some exceptions to the warrant requirement. Chimel v. California, 395 U.S. 752 (1969); Terry v. Ohio, 392 U.S. 1 (1968); McDonald v. United States, 335 U.S. 451 (1948); Carroll v. United States, 267 U.S. 132 (1925). But those exceptions are few in number and carefully delineated, Katz, supra, at 357; in general, they serve the legitimate needs of law enforcement officers to protect their own well-being and preserve evidence from destruction. Even while carving out those exceptions, the Court has reaffirmed the principle that the "police must, whenever practicable, obtain advance judicial approval of searches and seizures through the warrant procedure," Terry v. Ohio, supra, at 20; Chimel v. California, supra, at 762.

....

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=407&invol=297

 

[Phace]

Safety

What type of behavior would I have to exhibit for them to fear for their safety? I cooperated fully and made no questionable movements.

 

[OHgurl2002]

Your past Criminal Charge

What type of behavior would I have to exhibit for them to fear for their safety? I cooperated fully and made no questionable movements.

Having been known to carry a deadly weapon.

 

[seniorjudge]

Having been known to carry a deadly weapon.

Yes, that would do it.

But it doesn't matter if you're Mother Theresa...if the cop wants to pat you down for his own safety, that is allowed.

 

[Two Bit]

It's not that broad. The officer has to have resonable suspicion that a person is armed or a threat to him before he can require a person to submit to a search.

All sorts of things could authorize a search. Some things that come to mind: suspicious buldges, putting hands in pockets after being told not to do so, etc. I can't think of a lot of good examples.

 

[Sadness05]

It's not that broad. The officer has to have resonable suspicion that a person is armed or a threat to him before he can require a person to submit to a search.

All sorts of things could authorize a search. Some things that come to mind: suspicious buldges, putting hands in pockets after being told not to do so, etc. I can't think of a lot of good examples.

Some times, the cops make stuff up.

 

[CdwJava]

Some times, the cops make stuff up.

And sometimes bad guys carry guns. And sometimes cops get killed.

A pat-down takes very little articulable suspicion ... in this case, the cops were right!

The courts lean very far to the officer's safety when it comes to pat-downs for weapons.

- Carl

 

[Jack_David]

I'm sorry to hear that you live in a state where merely having a firearm around is a crime.

 

[CdwJava]

I'm sorry to hear that you live in a state where merely having a firearm around is a crime.

Like the other states, it is not simply "having it" that is criminal, but the manner which one has it that can be criminal ... unlawfully concealed, possessed by a felon, etc.

And he stated the charges was, "I've been charged with criminal possession of a firearm with intent to use." This sounds a little more serious than simply having it laying on the back seat!


- Carl

 

[Jack_David]

Like the other states, it is not simply "having it" that is criminal, but the manner which one has it that can be criminal ... unlawfully concealed, possessed by a felon, etc.

Well I guess I do not know if Phace is a convicted felon. However other than that I do think it is wrong to be charged for having a firearm on or about your person, concealed or otherwise, while you are in your vehicle, or your private property.

And he stated the charges was, "I've been charged with criminal possession of a firearm with intent to use." This sounds a little more serious than simply having it laying on the back seat!

Ofcourse it "sounds" more serious. Lots of criminal charges sound more serious than they actually are.

 

[CdwJava]

Whether you think it is wrong or not is entirely irrelevent. The fact of the matter is, in most states, carrying a concealed weapon on or about your person without the proper permit or license is a crime. New York is a little more serious about it than either of our states. But, it IS a crime.

- Carl

 

[Jack_David]

Whether you think it is wrong or not is entirely irrelevent. The fact of the matter is, in most states, carrying a concealed weapon on or about your person without the proper permit or license is a crime.

I would disagree that most states, have laws against prohibiting carrying a firearm in your car or property without a permit. I think most states probably have no laws against either, and a quick glance through packing.org I have turned up plenty of states that dont prohibit it. However I have no desire to look through all 50 states and read all the laws and keep a tally. So I'll let this slide.

New York is a little more serious about it than either of our states. But, it IS a crime.

In New York atleast, along with California, and some other states.

 

[CdwJava]

I would disagree that most states, have laws against prohibiting carrying a firearm in your car or property without a permit. I think most states probably have no laws against either, and a quick glance through packing.org I have turned up plenty of states that dont prohibit it. However I have no desire to look through all 50 states and read all the laws and keep a tally. So I'll let this slide.

Okay ... make that LOADED and concealed.

- Carl