I was thinking about this last night.
Say you are pulled over, or approached on the street for whatever reason and you are illegally concealing a firearm. (Im not saying its a good idea, i would advise against it, but go with it for this discussion) Now, traffic stop or anything else, officer asks you if there are any weapons present. Saying yes will get you into trouble for breaking the law, and you have the constitutional right to not incriminate yourself correct? Saying no would be lying to the officer, now your busted for illegal CC, and however many charges they can pin on you for lying.
Refusing to answer would lead to a search thought correct? I know that theoretically it shouldnt, but cops can pull the "Officer safety" card, and conduct a search anyways. Would that search be legal, and would any charges of illegal CC stick? If i remember correctly, anything found in that type of search cannot be used as evidence, and can only be removed from the person if it is a weapon, a crack pipe would not qualify.
What do you all think? Seems like a Catch 22 sorta thing
Say you are pulled over, or approached on the street for whatever reason and you are illegally concealing a firearm. (Im not saying its a good idea, i would advise against it, but go with it for this discussion) Now, traffic stop or anything else, officer asks you if there are any weapons present. Saying yes will get you into trouble for breaking the law, and you have the constitutional right to not incriminate yourself correct? Saying no would be lying to the officer, now your busted for illegal CC, and however many charges they can pin on you for lying.
Refusing to answer would lead to a search thought correct? I know that theoretically it shouldnt, but cops can pull the "Officer safety" card, and conduct a search anyways. Would that search be legal, and would any charges of illegal CC stick? If i remember correctly, anything found in that type of search cannot be used as evidence, and can only be removed from the person if it is a weapon, a crack pipe would not qualify.
What do you all think? Seems like a Catch 22 sorta thing