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Old May 9, 2010, 10:44 AM   #26
Glenn E. Meyer
Join Date: November 17, 2000
Posts: 16,640
From my august position - we are going nowhere, politics and Nazis?

Running the gun is unconstitutional?

Someone go ask a civil rights lawyer and come back with a real opinion. Call the ACLU - let me know. Or one of our real lawyers - PM me.

Closed till then.
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Old May 9, 2010, 10:59 AM   #27
44 AMP
Join Date: March 11, 2006
Location: Upper US
Posts: 13,574
Some will argue that the serial number comes into plain sight when the officer takes possession of the gun "for officer safety." I call B.S. I hand you my gun... now quick - don't look - tell me what the serial number is! Oh.... you have to look for it, because every model of gun has a number that is in a different place and is so small that you actually have to look the gun over to find it and read it.
I see your point, but I have to wonder, officer in posession of the gun, "examines it", in the course of unloading it (to ensure it is safe, and controlled) seeing the ser#. Does this constitute searching or looking for it?

And is running the serial # (to see if reported stolen) of property in police hands (legally held, if only briefly) without permission of the person it was taken from actually a violation of 4th Amendment rights? Or, if it does, is it one of the things we accept daily, as a matter of course?

What I mean is, do we just accept it because its a gun? or would you carrying a tv, or other "unusual" item down the sidewalk (or in your car) at 11pm, (and failing to provide what the officer considered a valid, reasonable explanation) be RAS to run the ser#? Allow the officer to "look" for the number?

We may be splitting legal hairs here, I just don't know. TO me, common sense says if they take it (however briefly) they are going to run the number. But is this actually a violation of our rights? Or just ordinary SOP for police, allowed (or tolerated) under the law?
All else being equal (and it almost never is) bigger bullets tend to work better.
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