imported post
I think that there is a subtlety I was trying to bring out.I didn't do a very good job. The court stated,
"On the facts of the case we conclude that Officer Price had reasonable cause to search the front seat of Hale's automobile and that consequently his discovery of contraband was an incident of a lawful search...The facts known to the officer at the time of the search gave him reasonable cause to suspect Hale was committing a crime, viz. unlicensed carrying of a firearm concealed in a vehicle...Only partial concealment of a firearm is required...One portion of the automatic pistol, the housing and barrel, was visible, and it was reasonable for the officer to suspect concealment nearby of the remaining portion of the firearm, the automatic clip and ammunition."
So, if Officer Price came up to a UOC'er with his semi-automatic (with empty magazine inserted) laying openly on the dashboard, he would not have the "reasonable cause" discussed in People v. Hale to conduct a further search of the vehicle. If he conducted a further search and found nothing, it seems to me that it would be an unlawful search. If he conducted a further search and he found a non-empty magazine concealed, it would be an unlawful search and the evidence would be suppressed.
Please correct me if I'm missing something.
But, I agree that its not worth the headache of carrying a non-empty magazine concealed.
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