Officer Asks You To Exit The Vehicle

[SteveM4A1]

So I've got a hypothetical that I was thinking about last night while driving back from the gym. For those that don't know, I keep my EDC in my gym bag while at the gym, and no, it never leaves my side. However, I do not place the EDC on my person either to or from the gym; I just leave it in the bag beside me in the vehicle. I also almost always have someone in the car with me to/from the gym. Now my hypothetical legal question starts:

If I were to be pulled over, and the officer asks me out of the vehicle (remember, always exit the vehicle when a LEO asks!), is my passenger breaking the law by having a firearm in the vehicle with him/her without a LTCH? Remember, it is in my bag beside the individual. If he/she is breaking the law, is there any way around this without having the firearm on my person or in a locked compartment in the vehicle?

Also, to any of you LEO folks, if you were to ask me out of the vehicle and say for some reason got the notion it would be a good idea to search my bag, then find the EDC, how likely would you be to arrest the passenger?

I just got to thinking last night about this and may need to change up my routine to avoid any problems. (since I get pulled over extremely often)

 

[Kurr]

I'm gonna say no. You are there. You didn't give control of the vehicle to the non licensed, nor did they assume control. If they grab it, all bets are off.

 

[Kirk Freeman]

is my passenger breaking the law by having a firearm in the vehicle with him/her without a LTCH? Remember, it is in my bag beside the individual.

No, no intent by the passenger.

Kurr has it. As long as they don't get grabby or dig through the bag like a terrier (see Hammond), then everybody can be a Fonzi.

if you were to ask me out of the vehicle and say for some reason got the notion it would be a good idea to search my bag, then find the EDC, how likely would you be to arrest the passenger?

Fair probability of what crime to search?

 

[SteveM4A1]

Fair probability of what crime to search?

Who knows. My gym bag generally has a powdery, white substance on it. Like, all over it. Wouldn't be too far of a stretch...

 

[Rookie]

Snort it and tell us how it makes you feel...

 

[SteveM4A1]

Snort it and tell us how it makes you feel...

Haha no thanks, doesn't sound like fun.

 

[Hornett]

Do you have to get out of the car.
I mean, I would get out if asked to, but this got me wondering.
Do you HAVE to?

 

[Rookie]

Yes.

 

[sj kahr k40]

Maybe inform the officer about the gun when he ask you to get out of the car

 

[SteveM4A1]

Maybe inform the officer about the gun when he ask you to get out of the car

I'd rather not.

 

[ryknoll3]

No, no intent by the passenger.

Kurr has it. As long as they don't get grabby or dig through the bag like a terrier (see Hammond), then everybody can be a Fonzi.



Fair probability of what crime to search?

There's always good 'ol "furtive movement."

 

[Kirk Freeman]

There's always good 'ol "furtive movement."

Not if you are a Fonzi.

 

[eaglerider4167]

Always exit the vehicle when asked, or that will create all sorts of trouble. Like the others have said if the passenger doesn't get grabby you will be in the clear.

 

[GodFearinGunTotin]

Not if you are a Fonzi.

A spokesman for some reverse mortgage company?

 

[Trigger Time]

Yes you have to get out of the car.

OP
no your passenger isn't in possition of the weapon. I remember reading about a similar case.

 

[Yup!]

If you are being asked out of the vehicle - you're already in some pretty good trouble and the likely next question will be are there any weapons or drugs in the car? To which you can either answer or not answer. A non answer will get the passenger out quickly as well.

if your passenger was drunk, when you get out can they be charged with DUI since they are the only ones in the car? I think similar logic applies.

 

[w_ADAM_d88]

Does it change the situation if your passenger is a convicted felon?

 

[Yup!]

If you are in a school with a weapon, and the resource officer asked you to drop the weapon and exit the building - will the principal get arrested?

 

[CathyInBlue]

The principal can give himself permission to possess on school property.

At some point, the concept of entrapment comes into play. The police cannot order you to break the law and then arrest you for breaking that law, even if they didn't know that you following that order would be a violation of the law.

 

[Yup!]

The principal can give himself permission to possess on school property.

At some point, the concept of entrapment comes into play. The police cannot order you to break the law and then arrest you for breaking that law, even if they didn't know that you following that order would be a violation of the law.

True but what about the children?