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Thread: Here is a great question I have not seen asked here.

  1. #1
    Regular Member kyleplusitunes's Avatar
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    Exclamation Here is a great question I have not seen asked here.

    If you have a cpl and you are unarmed in your car, and you get pulled over, since you do not disclose, when the officer runs your Id and sees you have a cpl, is that reasonable suspicion to search your vehicle, since you did not disclose and could be armed?

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    Quote Originally Posted by kyleplusitunes View Post
    If you have a cpl and you are unarmed in your car, and you get pulled over, since you do not disclose, when the officer runs your Id and sees you have a cpl, is that reasonable suspicion to search your vehicle, since you did not disclose and could be armed?
    I'm sure one of the more educated members will come along shortly, but I can't see how a license for something is probable cause to be searched.

    Does the presence of a fishing license allow them to search your vehicle and make sure you haven't taken more than your limit when you haven't even been fishing? Now granted you are not required to disclose to an officer that you have fish taken under the authority of your license, but still I feel the principle is the same.

  3. #3
    Regular Member 1245A Defender's Avatar
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    no, and not

    no requirement to disclose if you dont have a gun,
    not having a gun is not RAS for a search,
    the cop could push his argument, but his suspissions wouldnt be reasonable!
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    Stand up for your Rights,, They have no authority on their own...

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    Regular Member Bronson's Avatar
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    (3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.
    If you are following the law how can they, reasonably, use that as justification that you're breaking the law.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

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    I always thought that you had to disclose you have a cpl and let them know whether you are or are not carrying in the car. My thoughts were because if you don't say anything, and do not have a gun, he will go run your license, see you have a cpl and come back on high alert wondering why you did not tell you you are legal to carry a gun.

  6. #6
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    That's what I was thinking too.

  7. #7
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    as long as you are not carrying, who cares if the cop is on high alert or not.

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    Regular Member autosurgeon's Avatar
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    Quote Originally Posted by Pouget View Post
    I always thought that you had to disclose you have a cpl and let them know whether you are or are not carrying in the car. My thoughts were because if you don't say anything, and do not have a gun, he will go run your license, see you have a cpl and come back on high alert wondering why you did not tell you you are legal to carry a gun.
    Nope you are only required to disclose IF you are carrying!

    (3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

    http://www.legislature.mi.gov/%28S%2...me=mcl-28-425f
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

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  9. #9
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by Bronson View Post
    28.425



    If you are following the law how can they, reasonably, use that as justification that you're breaking the law.

    Bronson
    Probable cause and reasonable suspicion are judged by a totality of the circumstances. That means the officer needs to take ALL of the facts into consideration and weigh them. IMHO,as Bronson said, by following the law you would probably mitigate any suspicion.
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  10. #10
    Regular Member Hyperion's Avatar
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    Mere licensure, alone, is insufficient to establish either "reasonable articulable suspicion" or "probable cause".

    Example: I have an explosives/marijuana/exotic dancing permit and an MSP officer who knows that I am so licensed sees me enter a school/post office/mall/hospital. Does he have the abiility to question me? Yes. He can always ask me questions, but I don't have to answer. Does he have the legal authority to stop me? No. Not if that is the only information that he possesses that a crime may be afoot. Does he have the legal authority to search me? No.

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    You have an exotic dancing permit? Or were you joking.

    Since it came up, do you know if someone can posses a medical marijuana permit and a CPL? Or would one cause problems for the other? I don't smoke, but its been discussed here before, without successful resolution.
    Last edited by stainless1911; 07-08-2010 at 10:09 PM.

  12. #12
    Regular Member NHCGRPR45's Avatar
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    Cool

    weed and a gun,,,,,,,,,,,,,theres a snake you shouldn't step on

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    Legally perhaps. Stoners tend to be pretty laid back.

  14. #14
    Regular Member ISMOID's Avatar
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    As stated above you are only required by law to disclose when you are carrying concealed. But I have been told that it would be a nice gesture to disclose that you are not carrying but it is not required by law.

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