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  1. #1
    Join Date
    Jul 2011
    Posts
    26

    Default Illegal Search and Seizure

    Earlier today I was the subject of what I believe to be an illegal search. I was in my car leaving from a private fishing pond and was position and just about to pull out onto a rural county road when a white truck passed by in front of me. While on the phone and sitting in the same position the white pickup truck had turned around. It turns out it was a unmarked police vehicle. He exited the vehicle and asked what I was doing and I told him I had been fishing.

    In my front seat I had a 22 rifle and a glock 40. When checked the guns came back to me. The officer asked for my license and then for me to step out of car. He gave me the whole spill about is there anything illegal in the car and blah and blah and he had been a narcotics officer for a long time. When I said there was nothing illegal he said if that was the case he could go ahead and search. I said no and that he had no right to search my vehicle. When he reached for my door handle I stepped in front of him and told him again he didn't have the right search my vehicle. He pushed me back and said that since I did not have a concealed weapons permit that he could search. He searched and searched and since there was nothing there, there was nothing to find.

    I asked him why I was being treated like a criminal and he said that my lips and cheeks were pale. I asked him what exactly that led him to believe and he said I could have been huffing paint or glue. He ran the serial numbers to guns they both come back to me. He searched the trunk and said I was probably going to be able to go if everything checked out on my license. Everything came back in good standing but my vehicle was again searched. Nothing found.

    Is this a probable search?








    My question involves police conduct in the State of: Arkansas

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Illegal Search and Seizure

    5-73-120. Carrying a weapon.

    (a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun, knife, or club as a weapon against a person.
    (8) The person is in a motor vehicle and the person has a license to carry a concealed weapon pursuant to § 5-73-301 et seq.

    (d) (1) Any person who carries a weapon into an establishment that sells alcoholic beverages is guilty of a misdemeanor and subject to a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both.

    (2) Otherwise, carrying a weapon is a Class A misdemeanor.
    I did not have a concealed weapons permit
    from what you described, he not only had a right to search, he had a right to arrest you and confiscate your guns.

    I asked him why I was being treated like a criminal
    maybe because you are. Carrying the guns as you described is illegal ergo, you are a criminal.

  3. #3
    Join Date
    Jul 2011
    Posts
    26

    Default Re: Illegal Search and Seizure

    Your a sharp character ? Make a valid point so as I don't waste any more time reading your garbage. Not one of your statements applies to the situation. Thanks

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Illegal Search and Seizure

    Quote Quoting Bango
    View Post
    Your a sharp character ? Make a valid point so as I don't waste any more time reading your garbage. Not one of your statements applies to the situation. Thanks
    It seems that JK found relevant law (not sure where the alcohol establishment part came in, but the rest seems good). What makes you think that the law does NOT apply to you?

    Apparently the law prohibits your ready access to the handgun in your vehicle unless you have a permit. You stated you did not have a permit. What part of that does not apply?

  5. #5
    Join Date
    Jul 2011
    Posts
    26

    Default Re: Illegal Search and Seizure

    For one
    5-73-120. Carrying a weapon.

    (a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun, knife, or club as a weapon against a person.


    I did not to employ said firearms as a weapon against a person. And would I have not been arrested if I was breaking the law?


    It is only illegal to carry weapon on you concealed. This was in plain view.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Illegal Search and Seizure

    Quote Quoting Bango
    View Post
    For one
    5-73-120. Carrying a weapon.

    (a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun, knife, or club as a weapon against a person.


    I did not to employ said firearms as a weapon against a person.


    It is only illegal to carry weapon on you concealed. This was in plain view.
    You miss the part about possessing the handgun "on or about" your person, or in a vehicle occupied by you otherwise available for use with a purpose to employ as a weapon against a person. It seems that on its face, that section has been violated. Now, if your state holds that intent to use it against another person must be objectively demonstrated, then I cannot imagine that this section could ever be prosecuted as unless you have actually brandished it at a person or shot at them, such specific intent cannot readily be made. I am not going to go looking up AR case law, but i suspect that you will find that as long as the weapon is available for use against a person, the law applies.

    But, perhaps there is case law on the matter.

    All the more reason to secure legal counsel so as to determine whether it is time to plea bargain, or whether the state cannot meet the elements of the offense.

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