Can I have a ticket dropped if an illegal search is performed

[Rookie]

To answer your question, no, you cannot get the ticket dropped. The justification of the stop, and penalty are legit.
If something was found during the Trooper's search, and you were dinged with it, THEN you'd have something to have "dropped."
Now in the purest sense, your rights were violated. If you wished to remedy the infringement, you would be justified in bringing forth a suit.
But that's about it.

This right here.

Two different issues...

 

[Scutter01]

It is a non-moving...no points violation

Non-moving violations can still be pointable. Ask me how I know.

 

[DarkRose]

You know who else throws the license plates in the back window?

Car thieves.

The plate must be affixed to the outside of the vehicle, with the bottom edge parallel to the ground (another car thief trick is to hastily put a tag on the car with a single screw).

It doesn't matter if you work in the "automotive industry". In every dealership test drive I've taken, the salesman knew to attach one of the dealership's plates to the rear of the car before we hit the road.

And, no... A subsequent "illegal search" is not going to get you out of an initial violation that was used as PC.

Not all dealerships do it right, I was pulled over less than a week after buying my Blazer because the dealer had affixed the paper plate inside the tinted back glass. I didn't even think about it because of seeing so many plates and temporary tags inside back windows, the tinted part didn't even cross my mind.
I got a warning (he said he saw the paper plate as soon as he put the spotlight on my vehicle, and apparently lots of car dealers do this and people get in trouble for it), and some useful infomation:
Your old license plate can be used for 30 days if you keep the registration for the previous vehicle with you (and as long as the plate isn't expired).

 

[s-works]

Lol...i will just pay it.

It doesn't matter if you work in the "automotive industry". In every dealership test drive I've taken, the salesman knew to attach one of the dealership's plates to the rear of the car before we hit the road.

You are right but very wrong. Most places do not properly display the plates. In my case the license plate brackets were stripped. I have an invoice that shows I fixed the problem after the ticket. Maybe my better defense

 

[youngda9]

This is why you take the keys and lock your doors as you exit the vehicle. You can stand outside the locked car for "officer safety". Anything about your firearm should cease the second your LTCH is produced.

 

[Bunnykid68]

Did not sound like the officer gave him a choice, he said step out of the vehicle while I remove your firearm.

 

[Lex Concord]

You got the better deal between a Moving Violation and an improper display of License Plate as far as your Insurance rates But I'm troubled by the continued stories that I keep hearing of ISP confused about Indiana Gun Laws and the Fact that they want to Disarm a person for an Infraction. Either someone at the ILEA is handing out Bad information or someone with authority at ISP has a Hard On for Legal Licensed Gun Owners. ISP has a 100 ticket a month minimum Quota. They will Not like that description (Quota) But it is Accurate

Quota?

That can't be it...there has to be some other reason that I saw 5-6 Troopers with people pulled over on the last day of the month....and nothing on the first of the next...right?

 

[youngda9]

Solution to your problem...or maybe not?

 

[libertyordeath]

I hate to be the bearer of bad news, but what the OP is describe, IS ISP POLICY.

I will explain, I've heard of this phenomenon recently. People being stopped by ISP for moving violations, and then being DISARMED(having their vehicle entered without consent) after displaying LTCH.

THAT IS THEIR POLICY, I REPEAT, THAT IS THEIR POLICY.

I inquired to an officier several weeks ago about this phenomenon.He stated very plainly, YES THEY WILL AND DO TAKE YOUR GUN FROM YOU DURING A TRAFFIC STOP to "MAKE SURE ITS NOT STOLEN". I was taken aback by this response, and asked "What if someone refuses to turn over the weapon or does not consent to their vehicle being entered to get the weapon". He said "That would be a resisting charge and I'd take your ass to jail". He also made a statement that Indiana is a state where you MUST INFORMED THE OFFICIER YOU ARE ARMED, like Ohio. That is false.

You have been warned, where is Guy Telford when we need him? I've got the first $1000 to retain him.

 

[Kutnupe14]

I hate to be the bearer of bad news, but what the OP is describe, IS ISP POLICY.

I will explain, I've heard of this phenomenon recently. People being stopped by ISP for moving violations, and then being DISARMED(having their vehicle entered without consent) after displaying LTCH.

THAT IS THEIR POLICY, I REPEAT, THAT IS THEIR POLICY.

I inquired to an officier several weeks ago about this phenomenon.He stated very plainly, YES THEY WILL AND DO TAKE YOUR GUN FROM YOU DURING A TRAFFIC STOP to "MAKE SURE ITS NOT STOLEN". I was taken aback by this response, and asked "What if someone refuses to turn over the weapon or does not consent to their vehicle being entered to get the weapon". He said "That would be a resisting charge and I'd take your ass to jail". He also made a statement that Indiana is a state where you MUST INFORMED THE OFFICIER YOU ARE ARMED, like Ohio. That is false.

You have been warned, where is Guy Telford when we need him? I've got the first $1000 to retain him.

This post is even more FAIL than the last one I pointed out. I going to go out on a limb and guess that an illegal act isn't withing the policy of ISP. I'm also going to go out on another limb and guess that the trooper that told you that nonsense probably doesnt have a say in how ISP policy is written. Once he told you one false thing, what compelled you to believe another?

 

[libertyordeath]

This post is even more FAIL than the last one I pointed out. I going to go out on a limb and guess that an illegal act isn't withing the policy of ISP.

Then you are clearly mistaken, and need to revise your position immediately.

This phenomenon has occurred and will continue to occur.

I did not know the officer from Tom, Dick or Harry, I simply inquired as to what the policy was.

He stated what I told you, now if its illegal or not is another matter.

They are your rights that are being violated and eroded, if you want to keep your head in the sand and pretend its not happening, so be it.

Here is another such example FROM THE PAST WEEK of it occuring.

https://www.indianagunowners.com/fo...e/218111-1_state_trooper_1_state_trooper.html

"He then ordered me to turn over my edc for him to check"

Furthermore, to debate the topic of it being "policy". Well you are correct, that officer could be WRONG on official policy, but CLEARLY, what I described is HOW ITS BEING ENFORCED(ie, handgun being taken from your car without consent, forced to give up weapon). Thats REAL WORLD POLICY, regardless of what the "books" say. So either way, there is a MAJOR problem, if that is indeed the policy, or thats how the average trooper is enforcing it day in, day out.

 

[Bunnykid68]

This post is even more FAIL than the last one I pointed out. I going to go out on a limb and guess that an illegal act isn't withing the policy of ISP. I'm also going to go out on another limb and guess that the trooper that told you that nonsense probably doesnt have a say in how ISP policy is written. Once he told you one false thing, what compelled you to believe another?

If it is I would pay a $1000 to see it

 

[Ted]

There are more than enough stories in the news everyday, of someone pulled over and it turns out to be criminal posing as a police officer.

To this end, I wouldn't unlock my doors or open my window any more than a couple of inches.

 

[indyjoe]

Cop pulled me over and ask if I knew how fast I was going.

I said, "I don't know, 80?"

He said, "Try 110."

So I floored it, but my car didn't have the power to get past 105.

 

[Miketodd]

To the OP, I don't believe there was an illegal search. He asked you to step out of the car, which is not illegal. When you asked why and you "granted permission", it became legal. His intention was to remove the firearm to check. Now if he did this the right way or not, that is up for grabs, but when he told you what his intent was and you concented, it was not illegal. Not if you had said "NO" and he proceeded, or if he did it without telling you, it would be a different matter. Also, if he had found anything illegal while searching for just your firearm, I believe that it would have been illegal. I am NOT AN LEO OR LAWYER, just what I have read.

 

[Rookie]

To the OP, I don't believe there was an illegal search. He asked you to step out of the car, which is not illegal. When you asked why and you "granted permission", it became legal. His intention was to remove the firearm to check. Now if he did this the right way or not, that is up for grabs, but when he told you what his intent was and you concented, it was not illegal. Not if you had said "NO" and he proceeded, or if he did it without telling you, it would be a different matter. Also, if he had found anything illegal while searching for just your firearm, I believe that it would have been illegal. I am NOT AN LEO OR LAWYER, just what I have read.

Lol wut?

 

[longbarrel]

revenue generators

 

[Miketodd]

Sorry. What I was trying to get across is that once you say "ok" they take it as NOT being illegal. They told you what their intent was and you agreed to it. I'm not saying I agree with it, just my opinion from what i've read.

 

[KLB]

Non-moving violations can still be pointable. Ask me how I know.

That was because you are a mod. You probably banned the LEO prior to the ticket.

 

[Scutter01]

That was because you are a mod. You probably banned the LEO prior to the ticket.

I wasn't in or near the vehicle at the time. The City of Carmel wrote me a $10 parking ticket for parking 40 minutes in a 30-minute spot (or rather, I was back at my car at 40 minutes, so he wrote the ticket somewhere between 31 and 39 minutes) and it was worth two points on my license.