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To: SamuraiScot; Tolerance Sucks Rocks; bamahead
So . . . simply being from a state that adopts the Second Amendment as written is probable cause that you have committed a crime, and that you are subject to search?

No, the driver was allegedly speeding and tailgating the officer. (72/55) The officer pulled him over for speeding and saw the driver's concealed-carry permit as the driver was "searching for his driver's license and registration in his wallet."

Having "personally observed" the permit, the officer then ordered the driver out of the vehicle and asked where the gun was located within the vehicle. The driver informed the officer that there was no gun in the vehicle.

The officer did not believe the driver and so asked the front passenger (wife) where the gun was located. The wife answered that it might be in the console or the glove box and reached for the location before being told not to do so.

"Having received conflicting information about the location of the gun," the officer decided he had probable cause to search the vehicle for the weapon because ... why?

Oh, yeah. He "smelled marijuana upon his initial approach of the vehicle."

True story.

Note: The man and his wife had their children in the car with them and were driving home from a family Christmas celebration. The driver had no idea that the officer used the suspicion of marijuana possession as probable cause.

64 posted on 12/31/2014 1:21:12 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

How fast was the officer going if the driver was indeed “tailgating” the officer at 72mph in a 55mph zone?

Unless you advocate one law for he, another for thee, either both were at fault for speeding, or the officer was lying about the circumstances.


126 posted on 12/31/2014 9:51:26 AM PST by Altariel ("Curse your sudden but inevitable betrayal!")
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