Maryland LE and gun searches of out of state vehicles

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    It's a common mis-reading (and/or mis-application) of the law.

    And of FOPA as well. FOPA says the ammo and firearm have to be separate from the passenger compartment. Nothing says the gun and ammo have to be separate. The exception being no trunk then the gun OR ammo needs to be in a locked container.

    Common misreading of both state and Federal law.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,158
    Unless the driver consented to a search, how does the mere fact he has a FL CCW constitute PC?

    wow.

    I guess they'll start pulling over MD residents with FL CCW's next.

    “The officer who stopped Mr. Filippidis smelled the odor of marijuana in the vehicle on his initial approach of the vehicle,” Mr. Green said. “Based on the conflicting stories regarding the location of the gun, the observations made while the vehicle was being stopped and the suspected odor of marijuana, the officer had probable cause to search the vehicle for possible controlled dangerous substances (CDS) and the weapon.”

    I wonder how this works if you're from Colorado or another marijuana friendly state?
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    I knew the difference in the agencies, but didn't know the little "d" abbreviation.:thumbsup:

    Yea, the agency uses the little d to distinguish itself when abbreviating. Too many duplicative agencies.

    Baltimore City has a unit dedicated to using plate scanners and cross references to nationwide permit data bases.

    I am pretty sure they found PC with the first guy because they seperated his wife from him, questioned her about his hand gun, and she unaware that he left it home said it was probably in the glove box. JBT ensued.
     

    E.Shell

    Ultimate Member
    Feb 5, 2007
    10,245
    Mid-Merlind
    Call me jaded... I think that "the officer smelled marijuana" is a way to provide/strengthen the probable cause in this case. It would be easy to say one smelled something, and a lack of real evidence points to the drugs being consumed prior to the traffic stop or being somehow disposed of prior to the search.

    Need PC? Just "smell something" and have yourself a look through anything you like. If nothing is there, it is because these damn citizens somehow got rid of it.

    In the article, it certainly seemed implausible to suspect drug use, nothing was found, and the search seemed to revolve around finding the gun itself. They could have searched the vehicle with a drug dog in 30 seconds, and if the officer actually smelled anything, the dog would have alerted too.

    Of course, using the CCW as "reasonable suspicion" leading to "probable cause" is as good as seeing cartridge cases, a box of ammo or a holster in the vehicle, right? Gotta be a crime in progress.

    Personally, after living near BWI for 40 years and seeing adolescent-looking MTA police pull people over on top of the Dorsey Road x Amtrak bridge (stopped in the travel lane, heavy traffic necked down to one lane to get by) and other unsafe places time and again, I seriously wonder if "public safety" is at the top of their list of priorities anymore.
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    Call me jaded...

    You are jaded :D

    8255.jaded_.jpg-610x0.jpg
     

    strapped

    Active Member
    Aug 27, 2012
    899
    Carroll County
    Baltimore City has a unit dedicated to using plate scanners and cross references to nationwide permit data bases.
    .

    Where did you come up with this? There is a unit dedicated to using tag readers-- to locate stolen vehicles and wanted persons/vehicles... No officer I have ever worked with in Baltimore gives a shit about harassing legal gun owners when thousands of illegal guns are on the streets here.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,158
    Why do we even have MdTA police?
    Additional State Troopers could be assigned to their duties.

    The ICC has its own public safety complex...for an 18 mile stretch of limited access road.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    Police use LInX . More info than they need unless you live in a Police state.
    There is a system in MD, I think GUNS is a program that some officers can log on and see gun ownership.
    Then there was a internet based program that officers use to tell others about possible offenders.
    Guy gets pulled over in Ga, has a FL permit, its good in GA. Tell officer about firearm. No problem. during the stop, guy tell officer he is on way to New England. Officer puts info on the internet and MDTA Officer Day sees it and makes note.
    Officer Day sees car makes stop. The rest is history.
     

    Alea Jacta Est

    Extinguished member
    MDS Supporter
    Truth...the first victim. Media twists, misrepresents or presents partial facts. Thus the public is misled, misinformed and missing the boat.

    Probable cause ain't what it used to be.

    Big brother has really gone too far. Who knows what they know or have access to? Not me. But whatever it is, I'm betting it's WAY TOO MUCH.

    We haven't given up liberty for security; they've stolen liberty...in the name of security.

    It ain't getting any better.

    Wonder if the yous and mes of the world would get the same justice for carrying/possessing as a "experienced" (read previously convicted/long record) denizen of downtown? Without regard to how we were "found out"

    What ever happened to "fruit of the poison tree"???
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    Where did you come up with this? There is a unit dedicated to using tag readers-- to locate stolen vehicles and wanted persons/vehicles... No officer I have ever worked with in Baltimore gives a shit about harassing legal gun owners when thousands of illegal guns are on the streets here.

    Don't bother. You'll never convince some of these folks.

    Some officer in GA is going to post on the internet that Joe John in a 95 Nissan Maxima is driving to NY and will be in MD in 4 hours and officers should stop him because he has a firearm in the car?

    Comical.

    Linx just compiles information that was already available to departments. No new information is gathered.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    Police use LInX . More info than they need unless you live in a Police state.
    There is a system in MD, I think GUNS is a program that some officers can log on and see gun ownership.
    Then there was a internet based program that officers use to tell others about possible offenders.
    Guy gets pulled over in Ga, has a FL permit, its good in GA. Tell officer about firearm. No problem. during the stop, guy tell officer he is on way to New England. Officer puts info on the internet and MDTA Officer Day sees it and makes note.
    Officer Day sees car makes stop. The rest is history.

    Tons of LEOs use LINX not just MD. Also for the record LINX is divided Into sections so I can't look up an individual who is from CA or CO just o be nosey. I am only allowed access to the North Capitol Region like many other Officers. Also LINX has led the apprehension of a TON of criminals and I've personally used it HUNDREDS of times to get people their stolen property.


    Lots of good info In these cop threads as usual. To the members of this forum make sure you soak up all these "Facts"
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    Yea, the agency uses the little d to distinguish itself when abbreviating. Too many duplicative agencies.

    Baltimore City has a unit dedicated to using plate scanners and cross references to nationwide permit data bases.

    I am pretty sure they found PC with the first guy because they seperated his wife from him, questioned her about his hand gun, and she unaware that he left it home said it was probably in the glove box. JBT ensued.

    :lol2:
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    It's sad, how so many of you act so ungrateful for the ubiquitous presence of government bureaucracy, police, and military in our everyday lives.

    After all, they're there to keep us free.
     

    Alea Jacta Est

    Extinguished member
    MDS Supporter
    It's sad, how so many of you act so ungrateful for the ubiquitous presence of government bureaucracy, police, and military in our everyday lives.

    After all, they're there to keep us free.
    OATH.

    Take it.

    Don't break it.

    Means something VERY important to some. Not so much to others.

    Military, LEO, Feds and politicians....we/they all take it.

    I ain't an Oath Keeper (as trade marked) but by all that's holy, I believe absolutely in what I swore to. Duty and honor are not forgotten or taken for granted by many. Duty and honor were never known or understood by some.
     

    ADR

    Ultimate Member
    Aug 17, 2011
    4,171
    Why do we even have MdTA police?
    Additional State Troopers could be assigned to their duties.

    The ICC has its own public safety complex...for an 18 mile stretch of limited access road.

    At one point back in the late 90's there was actually talk/consideration regarding going in the opposite direction where MdTA police would absorb/combine with MSP to essentially form a new state agency. (Basically a Maryland Highway Patrol)

    Obviously that never happened and doesn't make sense in areas of the state where MSP still serves as a full service/primary response agency.

    Interestingly enough, 95 North is MdTA Police jurisdiction but MSP is contracted to patrol it. That made sense when MdTAP was a small agency but they've grown a good bit.
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,643
    PA
    I knew the difference in the agencies, but didn't know the little "d" abbreviation.:thumbsup:

    Yes, despite acting like a giant D, that particular agency is known for their little d's, used to hate working on their stuff.

    In all fairness though, the guy from Florida supposedly displayed his CCW instead of his license, and when the officer asked about it, his wife said something to the effect of "I think he has a gun in the glovebox" then that PC resulted in a search. Basically 3 screw-ups in a row that should have been prevented, and having nothing to do with a CCW permit database or targeting gun owners. It has everything to do with unconstitutional and asanine transport and carry laws.
     

    montoya32

    Ultimate Member
    Patriot Picket
    Jun 16, 2010
    11,311
    Harford Co
    Sounds like it is not registered gun owners, but CCW permit holders. That being said, if MD officials can pull up records for out of state permit holders, it should not be an issue to recognize and honor said permits. This may come back to bite them.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    Yes, despite acting like a giant D, that particular agency is known for their little d's, used to hate working on their stuff.

    In all fairness though, the guy from Florida displayed his CCW instead of his license, and when the officer asked about it, his wife said something to the effect of "oh no you didn't bring it with you did you?" then he agreed to a consentual search. Basically 3 screw-ups in a row that should have been prevented, and having nothing to do with a CCW permit database or targeting gun owners. It has everything to do with unconstitutional and asanine transport and carry laws.

    Don't let facts and circumstances get in the way of a good tin foil moment :)
     

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