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Single Purpose Container and the 4A

Ronws

first class brisket smoker
Full Member
Minuteman
  • Oct 18, 2021
    7,534
    10,329
    Texas
    This popped up in YT. I am not sure I fully agree that it is surrendering of the 4th Amendment, per se.

    The 4th Amendment is protection against unreasonable searches and seizures. But it is not a shield against all searches and seizures. For example, a warrant with cause or evidence is seen as lawful search. For example, a pedo is suspected of having materials and others have testified or stated that he has such things. So, the cops apply for and secure a warrant. They serve the warrant and find incriminating evidence and are able to arrest the suspect on charges based on the evidence found in the search and was seized by the police.

    So, of you a case that is obviously to most a gun case, especially with stickers on it from your favorite suppliers and brands, it is easy to infer that it is a firearm. People put guns in guitar cases but not often the converse.

    Police may seize and search a container that seems to very much be a gun case, if looking for a certain firearm. Why they are looking for the gun us not explained here.

    And one case he quotes tells of a guy who has a sawed off shot gun but it was in a container that was not readily seen as a gun case. The cop said it was and the cop was wrong and the search was thrown out.

    So, reasonable and unreasonable would be the point of the debate. I included the example of the pedo because we want those guys caught and you have to do it be seizing evidence.

     
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    I watched that yesterday and I have always made a point long before I knew about the single purpose container “exception” because thieves and shit. My first thought was to drive around with a gun case in plain view and if I get pulled over tell the cop “I wouldn’t open that if I were you” and have the case full of @168BTHPM’s dildos and butt plugs just to teach cop a lesson.

    The case law that gave us that exception was a convicted felon who was prohibited by law from possessing any firearms. I struggle to see any legal justification for searching a gun case if the person in possession of the case isn’t a prohibited person, transporting a gun isn’t a crime (in most states) and the cops have to have reasonable articulable suspicion to detain and probable cause to search.

    As someone who used to wear the uniform I can conclusively say to NEVER consent to a search. If the cops have what they need to search they will search with or without consent, if they are asking they are fishing.