7 Exceptions to the search warrant rule

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  • amboy49

    Master
    Rating - 83.3%
    5   1   0
    Feb 1, 2013
    2,293
    83
    central indiana
    I’ve had my car, as well as homeowners, insurance with the same local independent agent for as long as I can remember. He and I are personal friends. I know their office phone number by heart. I am most likely guilty of not always updating the little card I get from the insurance company when I renew my insurance annually. Anyone can/could produce a little card from the insurance company, but they could also have had their policy cancelled due to failure to pay the premium, cancelled due to too many accidents, or for some other reason.

    The local newspaper in our area has a daily collection of arrests of individuals from the previous day. By actual count I’ve read about an individual who was cited for 13 separate charges as a result of a traffic stop. In many instances it would seem the arresting officer assigns every possible offense to an arrest. I assume this is done in case one or more charges is dismissed, the officer/judge can still press for the remaining charges.

    On the flip side, I have read follow up articles where the arrested party has accepted a plea bargain and all but one of the charges are dismissed. I guess it’s a little excessive to label it extortion, but if I was facing a host of charges I would also probably plea to the least serious charge out of sheer intimidation. Especially if I couldn’t afford my own competent lawyer.
     

    Jaygentry

    Plinker
    Rating - 100%
    1   0   0
    Apr 23, 2018
    48
    6
    Noblesville
    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?
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,614
    149
    Valparaiso
    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?

    To what previous post are you referring?

    Police can ask whatever they want during a traffic stop...as can you or anyone. If they ask for your gun, assuming they are not pointing a gun at you, of course you can ask why...but if it turns from request to demand, whether they are right or not, comply and live to argue about it on another day.
     
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    shane947

    Plinker
    Rating - 0%
    0   0   0
    Jan 2, 2023
    5
    1
    Fishers
    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?
    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.
     

    shane947

    Plinker
    Rating - 0%
    0   0   0
    Jan 2, 2023
    5
    1
    Fishers
    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?
    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.
     
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