PTP gets pulled over

[Biggfoot44]

What case law are you referencing that establishes that? Never heard of such thing

You're questioning the authority of LE to temporarily hold firearms for duration of Traffic Stop ? Is that the question ?

 

[Squaregrouper]

You're questioning the authority of LE to temporarily hold firearms for duration of Traffic Stop ? Is that the question ?

I don't think you'll be getting an answer anytime soon.

 

[inkd]

I don't think you'll be getting an answer anytime soon.

About 2 weeks. Maybe?

 

[teratos]

You're questioning the authority of LE to temporarily hold firearms for duration of Traffic Stop ? Is that the question ?

Can they tell you to STFU for the duration of the traffic stop? 1A=2A

 

[Tapper]

Just playing Devil’s advocate-

Everyone keeps saying MSP has no valid reason to run the SN of the gun to verify it’s not stolen, but that’s done every day with cars. Sometimes not even pursuant to a traffic stop. How come they can run license plates, but not guns?

 

[ForcedSig]

Just playing Devil’s advocate-

Everyone keeps saying MSP has no valid reason to run the SN of the gun to verify it’s not stolen, but that’s done every day with cars. Sometimes not even pursuant to a traffic stop. How come they can run license plates, but not guns?

There is zero expectation of privacy on a license plate. A serial number, on a legally possessed and concealed gun, worn concealed on a person, in a vehicle it is a different story.

 

[rickyp]

would running the s|n with out consent of the owner be illegal search? if the person having the gun is legally allowed to possess and carry it and has a state issued permit then what would the probable cause or reasonable suspicion be to do a search? If the person wasn’t allowed to have one in the first place then that would be a different story.

 

[Biggfoot44]

Scratching the surface for case law , most of it is in the weeds as 4th level coat tails of Terry related cases. In quick search one case somewhat more direct is US v Rodgers ( 2016) , from West Virginia .

Phone tip that male of such & such description in such and such vehicle was armed . Within 3 minutes vehicle stopped in pretext of seat belt violation , and Rodgers removed from passenger seat , patted down , and sure enough, a Roscoe ( used ironically) in his pants pocket . Rodgers subsequently turned out to be Prohibited .

But , on appeal - In West Virginia it is presumptive to be legal to be armed . Even in the Bad Neighborhood of Ransom WV . ( Snickering because no doubt the bad Neighborhood of Ransom is far safer than average areas of Baltimore or PG Co .) Rodgers did nothing to be presently & imeadately Armed And Dangerous , and no evidence in either phone tip or Officers observations to indicate any criminal activity recently or afoot .

Evidence suppressed , and conviction overturned .

 

[BurkeM]

would running the s|n with out consent of the owner be illegal search?

Maybe. Judge and jury would decide.

 

[PapiBarcelona]

Just playing Devil’s advocate-

Everyone keeps saying MSP has no valid reason to run the SN of the gun to verify it’s not stolen, but that’s done every day with cars. Sometimes not even pursuant to a traffic stop. How come they can run license plates, but not guns?

No doubt.

I mean if you’re going to check to make sure a firearm is not stolen why not also “run” the serial numbers/gawk at the cash in my wallet to make sure it’s real money. Make sure that debit card has my name on it

The shtick is cops have always run serial numbers on guns. But I’m curious is if we are seeing it more because more people are carrying or is there some new general order in MD police departments that are making cops run guns every time they see one

It do be like they weren’t really doing it as much before Bruen unless there was something sus

 

[BurkeM]

The shtick is cops have always run serial numbers on guns.

Yes, since the FBI created the Stolen Gun Registry.

Most victims PREFER that their stolen property is FOUND and returned to them.

But I’m curious is if we are seeing it more because more people are carrying or is there some new general order in MD police departments that are making cops run guns every time they see one

Not likely.

Maryland law enforcement has no Central Command who could issue such an order. Each County Sheriff answers only to the voters in that county, Police Chiefs only answer to Mayors/County executives.

 

[PTPGun.com]

Yes, since the FBI created the Stolen Gun Registry.

Most victims PREFER that their stolen property is FOUND and returned to them.

Not likely.

Maryland law enforcement has no Central Command who could issue such an order. Each County Sheriff answers only to the voters in that county, Police Chiefs only answer to Mayors/County executives.

MSP leadership has encouraged troopers to run the serial numbers of firearms, but haven't provided adequate training on the legalities and constitutional protections surrounding such searches

 

[BurkeM]

MSP leadership has encouraged troopers to run the serial numbers of firearms, but haven't provided adequate training on the legalities and constitutional protections surrounding such searches

One agency out of 100+ in Marylandistan

 

[Biggfoot44]

One agency out of 100+ in Marylandistan

True .

But most prevalent in conducting stops on major and semi major highways .

 

[rickyp]

Just playing Devil’s advocate-

Everyone keeps saying MSP has no valid reason to run the SN of the gun to verify it’s not stolen, but that’s done every day with cars. Sometimes not even pursuant to a traffic stop. How come they can run license plates, but not guns?

The difference is the vehicle tags are in plain view when a sidearm s/n isn’t. Police are allowed to “search” things that are in plain sight.

 

[BurkeM]

How come they can run license plates, but not guns?

The Traffic Article- State law. Motor vehicles MUST be registered, licensed and insured in order to access/use public roads. 'Running' plates is not a search.

 

[spoon059]

Just playing Devil’s advocate-

Everyone keeps saying MSP has no valid reason to run the SN of the gun to verify it’s not stolen, but that’s done every day with cars. Sometimes not even pursuant to a traffic stop. How come they can run license plates, but not guns?

And driving is a privilege, not a right.

Sent from my SM-S916U using Tapatalk

 

[rseymorejr]

Just playing Devil’s advocate-

Everyone keeps saying MSP has no valid reason to run the SN of the gun to verify it’s not stolen, but that’s done every day with cars. Sometimes not even pursuant to a traffic stop. How come they can run license plates, but not guns?

Your license plate is displayed in plain sight and it's the property of the state

 

[Blaster229]

Sovereign citizens are exempt.

 

[rseymorejr]

Sovereign citizens are exempt.

I;m not driving, I;m traveling.
Am I being deatained or am I free to go?