Indiana Appeals Court: Concealed Carry Not A License To Be Searched

[X_Digger]

http://www.thenewspaper.com/news/30/3072.asp

Indiana Appeals Court ruled that police were wrong to handcuff and search motorist merely because he held a valid concealed handgun permit.

Judge James S. KirschPolice may not search a vehicle merely because its driver has been issued a valid concealed carry permit, the Indiana Court of Appeals ruled on Thursday. A three-judge appellate panel weighed the actions of Indianapolis Police Officer Danny Reynolds who pulled over Melvin Washington for driving with a burned-out headlight on September 17, 2008 at 12:30am.

On that morning, Reynolds first asked Washington whether he had a gun, and Washington said he had one under his seat. Washington also carried a valid concealed carry permit. At this point, Reynolds ordered Washington out of the car and handcuffed him so that he could conduct a search under the seat of Washington's vehicle. Reynolds spotted a small bag of marijuana and issued Washington a court summons and a ticket for the defective headlight. Washington was then released with his handgun placed in the trunk of his vehicle, unloaded.

In Texas, an officer can disarm you, but that in no way is consent to search one's vehicle.

[Bold Lib]

1. Good ruling. I was in the first class of my instructor's to get

my TX CHL. IIRC that was 1995. Well, in all the time I've had my CHL I've been stopped 3 times. When asked my response is "I have a concealed carry license and I am carrying at this time." Officer, "Where is the gun?" I tell him and the response almost to the letter has been "Well, let's just leave it there, OK?" "Yes sir." (one occasion I was riding my Harley and had the pistol in an inside pocket of my vest while on my way to the R.O.T. rally)

I've been fully prepared to be disarmed as I know they have that right but it has yet to happen.

[old mark]

2. Good ruling, and about time some of this got clarified. nt

[proteus_lives]

3. Good for my state's Appeals Court!

:thumbsup:

[YllwFvr]

4. This is always

a good thing. The burden of proof as to the legality of your carry should be on the officer. Unless he has reasonable suspicion that you are, in fact, illegally carrying then he shouldnt be searching you or your property.

On a side note, in Pa, we cannot be disarmed during a mere encounter with the police on foot. However in a vehicle they can take the firearm for the duration of the stop. You arent required to notify the police though. I used to always notify, something along the lines of "Before we continue I would like to inform you that I am a licensed firearm carrier with a firearm on my person." Eight times Ive done this. Six of them the cops just nodded and at some point before the stop was complete asked for my license. Once the officer asked where the firearm was and then told me not to touch it until he left.

The last time the cop removed me from my vehicle, took the gun and dismantled it, ran the numbers (illegally) then proceeded to berate me as to why I had it and my poor method of carry (open carry). He also repeatedly lied to me about how many laws I was violating (if I was illegal he would have arrested me) and that he was giving me a break by letting me go. I wasnt to reholster or reassemble the gun until after he had left and if he caught me with it again it will be jail time.

I wrote the Chief a letter concerning the misinformation the officer gave me and I will never voluntarily inform another police officer that I am armed. I dont see how its there business. One bad apple has spoiled the whole bunch for me, and I respect cops as my brother is an officer in my town.