LAWYER: 5 Tips Whenever Cops Want to See Your Guns (01/21/24, video 20:25 includes transcript)
NOTE: This lawyer is in Texas.
ED NOTE Disclaimer
We are not lawyers. We have provided and summarized this video but do not guarantee its accuracy or applicability to your local jurisdiction. Consult an actual lawyer if you have questions.__________________
Can you refuse a police officer if he demands to see your guns? Well, it depends.
This video looks at two different situations:
AT YOUR DOOR: A police officer or an ATF Agent shows up at your front door and demands to see your guns.
AT A TRAFFIC STOP: You get pulled over for a traffic stop and police officer wants to search your car (for example, to find a gun).
Some tips from the video (but listen to the whole thing in case we got something wrong below; the notes below are summaries from the transcript):
AT YOUR DOOR
Never consent to search or seizure, don’t be aggressive or argumentative, and stay calm.
When you bought your gun(s), you did not give up your Fourth Amendment rights preventing unreasonable search and seizures.
Do not consent to any searches or seizures (Fourth Amendment right). Don't be aggressive or argumentative. Stay calm. Do not make aggressive moves.
Ask for a lawyer immediately (Sixth Amendment right).
You do not have to answer the door or talk to an officer that's trying to talk to you through the door.
Officers can enter your home only if:
You give them consent (don't).
They have a valid search warrant affidavit establishing probable cause to search your place.
Remain silent.
Be sure to read the warrant.
Do not give them permission to search anything not on the warrant.
Do not open the door to view the warrant. Have officer slide warrant under door or hold it up to a window long enough for you to read it.
They have a valid arrest warrant.
They have exigent circumstances, such as you're either about to destroy evidence or commit a crime or they're is an obvious emergency need.
AT A TRAFFIC STOP
Do not make furtive movements. Keep your hands on the steering wheel.
Remain calm. Do not give officers an excuse to fear for their personal safety.
Do not argue if you disagree about the reason for the traffic stop.
Step out of the car only if asked. Do not argue.
Remain silent. Silence DOES NOT imply guilt even if you are told it does. Some exceptions to the remain silent rule are below.
Do not consent to search or seizure for guns or anything else. Say "I do not consent to this search but I am not resisting arrest." Repeat as needed.
Ask if you are under arrest or are free to go (ask as often as needed). You do not want the encounter to extend longer than it needs to.
If you are making moves, simply state what you are doing. Example: Officer, I'm getting my license out of my wallet. I'm exiting the car.
Do not wait to be read Miranda Rights in order to exercise your Sixth Amendment right to counsel. Say “I will not answer any questions. I want to speak with my lawyer.” This should stop any interrogation and alert officers there will be no further conversation.
Bottom line:
Never consent to search or seizure.
Be polite, firm, and non-threatening.
Refuse to answer questions: Invoke your right to remain silent. And then remain silent.
Ask (as often as needed): Am I being detained, or am I free to go?
NEVER step outside your door if officers show up without a warrant.
Viewer Comments:
"As a former 22 year cop, I HIGHLY ENDORSE THIS VIDEO."
"I am also a criminal defense attorney. With that in mind I need to say that this is a great channel and a great video. I wish every person in this country was required to your videos."
Additional tip not in video: Record or photograph the encounter if at all possible. Do not rely on body cam footage saving the day (body cams can be turned off or erased).
Additional Resource:
Can They Do That?: How Police Get Around The Fourth Amendment Paperback – Large Print, January 6, 2019. By Doug Traubel:
