Being stopped by a LEO

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  • BehindBlueI's

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    10-32

    Sharpshooter
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    B-Burg
    We are allowed to run serial numbers to anything we are legally allowed to have in our possession or in a legal place to view it. Arizona v. Hicks - 480 U.S. 321 (1987) :: Justia US Supreme Court Center

    In Az v Hicks, the USSC ruled that the running of serial numbers from property that they did not have legal authority to move/possess it illegal. The inverse therefore it true...if the LEO has the property in his possession legally, they may run the serial numbers. Now if you argued that the "officer safety" rule is not enough to seize the firearm during a traffic stop, THEN running the serial number is a nono. However, if the argument is that the officer has lawfully obtained the firearm, then running the serial number is legal.

    Being totally civil here....

    So what you're saying is a Police Officer may approach you, say "I'm going to taking these (Meaning my 1911 and Glock 26) and run them to see if they're stolen" and it's perfectly legal? No mention of officer safety and the only alleged violation was a unsafe lane change which was later thrown out in court.
     

    stephen87

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    If you say "Why, certainly, officer." Yes, they can.

    In my opinion, not sure how this one would actually pan out, if you say something along the lines of "I'd rather it stay in my holster as it's safer there." I'm not sure they could legally take it and having RAS that you are either a threat or that some crime has been committed. Denny, feel free to chime in on it all.
     

    10-32

    Sharpshooter
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    Nov 28, 2011
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    B-Burg
    If you say "Why, certainly, officer." Yes, they can.

    In my opinion, not sure how this one would actually pan out, if you say something along the lines of "I'd rather it stay in my holster as it's safer there." I'm not sure they could legally take it and having RAS that you are either a threat or that some crime has been committed. Denny, feel free to chime in on it all.

    Just so it's clear, I was never asked anything. With his holster retention loop rotated forward and his hand on his sidearm, I was TOLD "Take your firearm out of the holster, place it on the passenger seat, then step to the back of your vehicle." The trooper then entered my car from the passenger side, took my firearms and stated "I'm going to taking these (Meaning my 1911 and Glock 26) and run them to see if they're stolen".
     

    stephen87

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    You could have stated that you didn't permit him to take possession of your property. That would have established, in my eyes at least, that he could not check them.

    If it happened recently, you may try contacting whoever is in charge if you feel the trooper was out of line.
     

    10-32

    Sharpshooter
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    1   0   0
    Nov 28, 2011
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    B-Burg
    Just so it's clear, I was never asked anything. With his holster retention loop rotated forward and his hand on his sidearm, I was TOLD "Take your firearm out of the holster, place it on the passenger seat, then step to the back of your vehicle." The trooper then entered my car from the passenger side, took my firearms and stated "I'm going to taking these (Meaning my 1911 and Glock 26) and run them to see if they're stolen".

    You could have stated that you didn't permit him to take possession of your property. That would have established, in my eyes at least, that he could not check them.

    If it happened recently, you may try contacting whoever is in charge if you feel the trooper was out of line.

    Really didn't feel like I had a choice at this point.
     
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