The Firing Line Forums - View Single Post

KyJim · August 7, 2014, 10:50 PM

Under the OP's scenario, the initial traffic stop was legitimate under Terry v. Ohio. He then apparently consented to handing his gun to the officer. That is an exception to the warrant requirement. Assuming the serial number of the gun was visible on the frame, then the serial number was in "plain view." This is another exemption from the warrant requirement. Thus, the officer was allowed to read the serial number off the voluntarily surrendered firearm and run the number to see if it was stolen.

Asking questions not related to the stop does not make the stop unlawful "so long as those inquiries do not measurably extend the duration of the stop." Arizona v. Johnson. There is no bright line rule as to how much time constitutes measurably extending the duration of the stop. Certainly a couple of minutes would not be enough.

Now what happens if the driver or passenger does not admit to having a gun or does not voluntarily turn it over? If the officer has reasonable suspicion the driver (or passenger) is armed and dangerous, the officer can search the passenger compartment for weapons so long as passengers remain in the car or, more likely, order the occupants out of the car and pat them down.

The Supreme Court case that ties all this together is Arizona v. Johnson, 555 U.S. 323 (2009) available at http://www.law.cornell.edu/supct/htm...2.ZO.html#2ref

Note: corrected typo on citation to Az v. Johnson.

August 7, 2014, 10:50 PM	#21
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	Under the OP's scenario, the initial traffic stop was legitimate under Terry v. Ohio. He then apparently consented to handing his gun to the officer. That is an exception to the warrant requirement. Assuming the serial number of the gun was visible on the frame, then the serial number was in "plain view." This is another exemption from the warrant requirement. Thus, the officer was allowed to read the serial number off the voluntarily surrendered firearm and run the number to see if it was stolen. Asking questions not related to the stop does not make the stop unlawful "so long as those inquiries do not measurably extend the duration of the stop." Arizona v. Johnson. There is no bright line rule as to how much time constitutes measurably extending the duration of the stop. Certainly a couple of minutes would not be enough. Now what happens if the driver or passenger does not admit to having a gun or does not voluntarily turn it over? If the officer has reasonable suspicion the driver (or passenger) is armed and dangerous, the officer can search the passenger compartment for weapons so long as passengers remain in the car or, more likely, order the occupants out of the car and pat them down. The Supreme Court case that ties all this together is Arizona v. Johnson, 555 U.S. 323 (2009) available at http://www.law.cornell.edu/supct/htm...2.ZO.html#2ref Note: corrected typo on citation to Az v. Johnson. Last edited by KyJim; August 8, 2014 at 10:51 AM.