Firearm in company owned vehicle.

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  • BehindBlueI's

    Grandmaster
    Rating - 100%
    29   0   0
    Oct 3, 2012
    25,977
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    In order to preform a search an officer needs one of three things. Permission to search from the TRUE owner of the property, a search warrant, or exigent circumstance. All three of those require probable cause to get and hold them up in court but technically no you would not have recourse because you are not the TRUE owner of the car. Someone correct me if I am wrong.

    Consent to search doesn't require probable cause.

    To answer the question about searching and a company car, it depends. If you are driving it you are in control of it and can agree to, or deny, a consent search. Company car, mommy's car, whatever, you are operating it and have consent to have control over the vehicle. However, the if the owner of the car is present and consents/denies consent to a search you cannot override that because (as common sense dictates) its their car and they can do what they want with it.

    As far as firearms, the IC code seems pretty clear that its only for an employee's personal car. Not one you rent from the company, not one they let you use, not one they assign you as a take home. Your car.
     
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