imported post
OK, I actually spent a bit of time researching this.
There are a couple of ways a cop can engage a search without a warrant, plain view doctrine, the consent, and "protective sweep".
Protective sweep doctrine was established by Maryland v. Buie which established, a LEO can search incident to an arrest. It is to be is a quick and limited search of a premises, incident to an arrest and conducted to protect the safety of police officers or others. It is narrowly confined to a cursory visual inspection of those places in which a person might be hiding. Here are the conditions established by that case.
- must be supported by a reasonable, articulable suspicion that the area to be swept harbors an individual posing a danger to those on the scene
-cannot be a full search and may not be more than a cursory inspection of those spaces where a person may be found
-may not last longer than is necessary to dispel the reasonable suspicion of danger and "may last no longer than the police are justified in remaining on the premises."
Since this case, the US vs Gould established that no longer does a "protective sweep" have to be incident to arrest.
So basically here you have a situation open to interpretation by the LEO of a "reasonable suspicion" he "is in danger" can do a search.
The question here is whether notifying the LEO that you have a firearm locked away in your trunk of your car is can be a tripwire to "reasonable suspicion" that the LEO is in danger justifying a search without your consent. It doesn't appear to me on my cursory research that they would be justified under the protective sweep doctrine, although they could possibly use it as an excuse in hopes that they find something to bust you with; and with hope that fruit of the poison tree would be ignored by the court at your trial.
Again, I am just a lowly peon, not a lawyer a judge or anyone familar with the law. Based on all that I have read so far, this "protective sweep" doctrine is a real slippery slope. I'm just concerned that duty to notify might be enough to trigger a search without consent or warrant.