[sovit]

If a cop sees a gun in a car in plain view and have surrounded the car for 4 hour do they need to get a warrant? Or when the defendant exits the club can the cops detain him and take his keys and just open the car door and take the gun?

[RickJ]

We need more info. In some states guns are OK in cars if they are in plain view... Was this person whose car was "surrounded" wanted for some other offense? I'm no legal expert but I'm certain that more info will help get the question answered.

[excon]

Hello again, sovit:

I'm sure the answer is within that 6 foot thick book about searches that I mentioned, so there's no specific answer at this point.

In most states, possessing a gun is not illegal. In most states, a gun discovered in plain view is not illegal.

Therefore, I believe there is more to the story than that. If you tell me the WHOLE story, I'll bet I can give you an answer that you can use. Maybe even get your boyfriend sprung.

excon

[sovit]

Well my boyfriend and his brother went to the club but my boyfriend didn't have a licence so he parked and a parking lot of a factory near the club. They went into the club. A cop saw them leaving the car. He said since they parked so far when there was empty parking spots near club he thought the car was stolen. Instead of running the plate the cop said he wanted to check f there were any signs that the car was stolen. He walked around the car looking in the windows. Behind the passenger seat on the floor he saw 2 guns. Then he ran the plate. The car came in under my and my boyfriends name. He checked to see if my boyfriend orr his bro had licence for a gun. He did not check my name nor do I know how he knew he was with his brother. The cops just stayed wth the car. Hours later they came out of the club. As they approached the car they saw them and turned around. The cops stopped them asked for id and told them to empty their pockets. They saw his name on his id and the car keys. They got arrested and the cops took his keys, opened the door, and took the guns. Were the cops supposed to get a search warrant since they had the car under surveillance for hours shouldn't they have gotten a warrant?

[excon]

Hello again, sovit:

Thanks. That helps, but not enough. By your own admission, there are holes that need to be filled in. What does not having a license have to do with where you park? Plus, the cops ran his brother, not even knowing if the guy in the club WAS his brother. So, there is MORE to this story.

However, given what you’ve said, I’ll bet you’re in a jurisdiction where possession of a hand gun is illegal. Therefore, if the cops observe illegal activity taking place, they do not need to wait for a warrant before they stop it.

If possessing a hand gun is legal in your jurisdiction, the cops wouldn’t have searched him or the car, and would NOT have taken the guns. However, you should not believe the cops, and I'm not sure whether you should believe your boyfriend. He needs a good lawyer.

excon

Hello again, sovit:

There is another scenario that could have happened. Drugs were discovered on your boyfriend, true?

Even in jurisdictions where possession of a hand gun is legal, possessing a hand gun AT THE SAME TIME possessing illegal drugs, makes a legal hand gun, otherwise ILLEGAL, AND makes the drug charges worse.

Finding drugs on him outside the car, could give them probable cause to search the car. THAT could be the reason they took the guns.

Again, you should not accept my version any more than you should accept the cops. Good lawyers take lying cops apart. They even take 'em apart if they're telling the truth. But, most cops lie through their teeth.

excon

[sovit]

This is the first case he caught with no drugs. The 2nd case case had drugs and gun. The license part he parked there and not in the parking lot because cops are always harassing people in the lot.(the 2nd case with gun and drugs was when he was sitting in car in that parking lot, he had driver licence by then), the cops also know him he gets in trouble a lot as you can see.what else do you need to know I have the discovery.

[excon]

Hello again, sovit:

What I know, is there are too many factors, and too many un-knowns for me to make an intelligent decision. These are clearly questions for his lawyer.

Let's talk about that. Why are you not asking him? Does he have one? A PD? That's where your efforts need to be, managing his attorney.

excon

[s_cianci]

If it is in plain view, then they do not need a warrant. As for their right to confiscate it on the spot, that depends on what the laws in your state are concerning gun ownership and possession.