Would that fall under consent?. I've always been taught that if I'm carrying, and get pulled over, they can ask if I'm carrying. But I dont have to turn it over to them. Because there is no probable cause. Is that correct?
He didn't really seize it. The argument is holding onto it for safety the going to return it when the stop is over. I realize your post is several years old and policies have changed. I work in Indy. I've seen this change over the years. I was initially trained to do what you described. Now we leave it alone, unless we feel something fishy is up. Courts have ruled that it is okay to remove weapons for safety. Contraband.... by the way is something that is illegal to possess.I have a question about "Plain View." I was pulled over once, and I had a handgun on the passenger seat. The officer told me I had to turn it over to him, along with my carry license. He took my gun back to his car for about 5 minutes and returned it.
The article says that if the officer has "probable cause to believe an item is contraband, stolen, property or other evidence of a crime, the officer can seize it without a search warrant." In my case, did he really have that probable cause?
Courts have ruled officers can remove weapons for safety. Probable cause has nothing to do with it. You're thinking of an actual search for contraband or evidence.Would that fall under consent?. I've always been taught that if I'm carrying, and get pulled over, they can ask if I'm carrying. But I dont have to turn it over to them. Because there is no probable cause. Is that correct?