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colcolombo · 09-13-2003, 03:20 PM

Wes.

I agree with you 100%. As long as the gun is in a locked glove compartment, the police have no authority to search it except upon PROBABLE CAUSE to believe the glove box contains contraband. A favorite trick of some officers is to ask you to voluntarily search your car. This is no more than a fishing expedition. Just say "No, I don't believe so." Some will come back at you with, "Well we can always get a search warrant hoping this will make you relent. Just say, "Sir I am not going to consent to a search." "If you have probable cause to search my car, I will wait here till you get the warrant". At this point, if you relent, appellate courts have held that the permission granted in lieu of the search warrant was a coerced permission and any fruits of the search are not admissable. So, just say "NO" unless they produce a search warrant. Be sure and read the affidavit for the warrant and find out what the probable cause was. That should be a hoot!!!

Herb,

Thanks for clearing up the white hat. What astounded me was you remember Tom Mix. Did you ever send off a box top and watch the mailbox for your Tom Mix Secret Code Ring??????

Joe

09-13-2003, 03:20 PM	#16
colcolombo User Join Date: Jul 2003 Location: Kentucky Posts: 75 Thanks: 0 Thanked 0 Times in 0 Posts	Wes. I agree with you 100%. As long as the gun is in a locked glove compartment, the police have no authority to search it except upon PROBABLE CAUSE to believe the glove box contains contraband. A favorite trick of some officers is to ask you to voluntarily search your car. This is no more than a fishing expedition. Just say "No, I don't believe so." Some will come back at you with, "Well we can always get a search warrant hoping this will make you relent. Just say, "Sir I am not going to consent to a search." "If you have probable cause to search my car, I will wait here till you get the warrant". At this point, if you relent, appellate courts have held that the permission granted in lieu of the search warrant was a coerced permission and any fruits of the search are not admissable. So, just say "NO" unless they produce a search warrant. Be sure and read the affidavit for the warrant and find out what the probable cause was. That should be a hoot!!! Herb, Thanks for clearing up the white hat. What astounded me was you remember Tom Mix. Did you ever send off a box top and watch the mailbox for your Tom Mix Secret Code Ring?????? Joe