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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Attempted CCW

    My question involves criminal law for the state of: i being charged with carrying a ccw, but initially when i was arrested i wasn't even in my vehicle, and the gun was, in my glove box and also the vehicle was locked. i mind you i was approximately 15 feet from my vehicle, and the cop said my phone clip look like a holster. does that give him the cop to search my vehicle and take my keys and open my door with out my permission, in addition i bought the handgun. this is my only conviction, ever.. and it sucks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Attempted CCW

    You should discuss the details of the search and seizure with your lawyer, to see if you may have grounds to suppress the search. We don't have enough facts.

    You state first that you're charged, later that you're convicted. If you've been convicted, presumably your lawyer argued the validity of the search to the court and the judge ruled against you.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Attempted CCW

    You say you were arrested and this was before the search, right?

    What reason was given before the search, was it also CCW?

    Whatever the reason, he had a right to search the vehicle after you were arrested.

    IF you wish to challenge the fruits of the search based upon an "unlawful" arrest, I need the first two questions answered.

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

    Default Re: Attempted CCW

    What state did this happen in? The status of state and federal laws can vary.

    - Carl

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