Shaneen Allen, the Pennsylvania lady
who was arrested in New Jersey for the possession of a handgun, made a big
mistake. I do not blame her for making it because our education system,
which is charged with teaching our maturing citizens about government and our
rights in the civil arena, failed her and us. Her mistake was not about
driving into New Jersey with her gun, that action is protected by the Second
Amendment, though the authorities of New Jersey don't recognize that and will
inflict harm if you do. Her mistake was telling the police about it.
Being stopped for a traffic violation does not require her to tell the
police anything about her business, where she is going or what she has in her
car.
The right
of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched, and
the persons or things to be seized. Fourth Amendment - United States
Constitution
No
person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the Militia, when in actual service in time
of War or public danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be taken for
public use, without just compensation. Fifth Amendment - United States
Constitution
The only
business at hand during a traffic stop relates to operating a motor vehicle;
things like the charged violation to traffic laws, registration of the car,
driver's license, insurance, etc. The officer does not have the authority
to search your car in a quest to find other violations not related to his
reason to stop you. If he asks you for permission to search your car,
your answer should always be a firm and polite, "No". Ms. Allen erred by volunteering to the officer the fact that
she had that gun in her car. In her naive attempt to be a co-operative,
model citizen she brought the crushing weight of the New Jersey criminal system
down upon her head.
Again,
you do not need to take this red neck’s word about it. Watch this You Tube video posted by a law
professor. The video is over 45 minutes
long, but it may be some of the most valuable time you spend.
John Filippidis of Florida was driving southbound on I-95 and had just entered Maryland, a very aggressive gun restricting state. Mr. Filippidis was pulled over by a Maryland Transportation Authority Police Officer. The officer was abrupt and took Mr. Filippidis behind the police cruiser and instantly stated, "You own a gun! Where is it?" If you learned anything from the above video it would be that Mr. Filippidis should not have answered that question one way or another. The officer turned his intimidation tactics to Mrs. Filippidis and demanded to know where the gun was. She said she didn't know but stated that "it may be in the glove box..." BOOM! That was enough for the officer to pull the entire family out of the car and have it thoroughly searched (ransacked). They found no gun. They were pulled over because the Maryland officer discovered through a linked database system that Mr. Filippidis held a concealed carry permit in Florida. If that poor family had followed the sound advice of never talking to the police, that officer would have had no choice but to let them pass.
If you are pulled over, be polite but answer no questions.
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