Page 1 of 3

NRA Sticker "Probable Cause" for search?

Posted: Fri Jul 27, 2007 12:21 am
by nitrogen
I was just told on another board that having an NRA sticker on your ride is probable cause for a search.

I'd appreciate it if the more knowledgeable folks on here could point to more info I can recite to set this person straight. (Or set me straight!)

Posted: Fri Jul 27, 2007 12:27 am
by age_ranger
Of course, you're labeled a "gun toting redneck" if you've got one of them there stickers!!!

Seriously, though...that'd be profiling and we all know LEO's don't do that :grin:

Re: NRA Sticker "Probable Cause" for search?

Posted: Fri Jul 27, 2007 2:15 am
by KBCraig
nitrogen wrote:I was just told on another board that having an NRA sticker on your ride is probable cause for a search.
I've read anecdotes of motorists being told this by officers, but I've not read of any court or magistrate upholding it. I believe the (alleged) instances involved entering Yellowstone National Park (Big Bend, in alternative tellings).

Whenever you encounter the "you don't have anything to hide, do you?" line, you need to remember this response: "I do not give my consent to search."

And that's all. If an officer truly has PC, he doesn't need your permission. If he "can just go get a warrant", then he doesn't need your permission.

Well, there's one more thing: after "I do not give my consent to search", always ask, "Am I free to go?"

Kevin

Re: NRA Sticker "Probable Cause" for search?

Posted: Fri Jul 27, 2007 6:02 am
by Liberty
KBCraig wrote:
nitrogen wrote:I was just told on another board that having an NRA sticker on your ride is probable cause for a search.
I've read anecdotes of motorists being told this by officers, but I've not read of any court or magistrate upholding it. I believe the (alleged) instances involved entering Yellowstone National Park (Big Bend, in alternative tellings).

Whenever you encounter the "you don't have anything to hide, do you?" line, you need to remember this response: "I do not give my consent to search."

And that's all. If an officer truly has PC, he doesn't need your permission. If he "can just go get a warrant", then he doesn't need your permission.

Well, there's one more thing: after "I do not give my consent to search", always ask, "Am I free to go?"

Kevin
Some cops will claim they smell drugs comming from the car if they want to search bad enough. Its hard to prove a negative.

Re: NRA Sticker "Probable Cause" for search?

Posted: Fri Jul 27, 2007 6:13 am
by hoss4570
nitrogen wrote:I was just told on another board that having an NRA sticker on your ride is probable cause for a search.

I'd appreciate it if the more knowledgeable folks on here could point to more info I can recite to set this person straight. (Or set me straight!)
I'm in trouble, then. I've got NRA, TSRA, Ruger, Springfield and Panther arms stickers on the tool box of my truck, and on the wifes truck NRA and TSRA stickers. I don't care, let 'em know I'm armed. :fire :fire

Posted: Fri Jul 27, 2007 6:15 am
by seamusTX
Having an NRA sticker does not constitute grounds for a search. Google Estep v. Dallas County. Here's the ruling: http://caselaw.findlaw.com/data2/circs/ ... 967pv2.pdf.

This is federal court, BTW.

Any evidence found in a search performed on the basis of a protected first-amendment activity is going to be thrown out, if you can afford the lawyers, or they will work for free.

- Jim

Posted: Fri Jul 27, 2007 7:57 am
by Humanphibian
Having a vehicle that says "Corvette" on the side of it will also get you an automatic speeding ticket..... :lol:

seriously though.....as others have stated if an LEO wants to search your vehicle bad enough....they will find probable cause. Some will do so because of that "sixth sense" that many people ignore, it's called intuition. These are the LEO's that have a nack for reading people, and generally after all is said and done.... for one reason or another....they were right.

However...others (and these are the bad apples that you always hear about) will do so just as a show of dominance. These are the guys that scare me. I have had the opportunity to make acquaintance with several LEO's like this throughout my life. It amazes me that they make it through the application process....but they do. These are the "You'll do it 'cause I said so,...byGod!" guys. We all know the type....needless to say....these are the guys that'll claim that NRA sticker gives them PC for search.

Posted: Fri Jul 27, 2007 7:59 am
by Crossfire
I don't put NRA, TSRA, etc, stickers on my vehicle. Not because of law enforcement - just the opposite. I don't want some bad guy profiling my truck and thinking I might have guns and ammo in it worth stealing.

Posted: Fri Jul 27, 2007 8:02 am
by LedJedi
hmmm, my bumper sticker says, "All around me I see nothing but chaos, panic and disorder. At last I see my work here is done."

I wonder what that tells a LEO :)

I've been meaning to get one that says, "Warning, driver only carries $20 in ammunition.", but i haven't found one locally yet.

Posted: Fri Jul 27, 2007 8:11 am
by txinvestigator
Another internet myth.

Posted: Fri Jul 27, 2007 8:15 am
by BobCat
Jim,

Thanks for the straight story / .pdf file.

Andrew

Posted: Fri Jul 27, 2007 9:07 am
by TX Rancher
LedJedi wrote:I've been meaning to get one that says, "Warning, driver only carries $20 in ammunition.", but i haven't found one locally yet.
I like it :cool:

I'm with llWattson on this one though...no value to me to advertising I'm armed, but I have no problem with other folks having stickers.

Re: NRA Sticker "Probable Cause" for search?

Posted: Fri Jul 27, 2007 11:17 am
by rm9792
[quote="nitrogen"]I was just told on another board that having an NRA sticker on your ride is probable cause for a search.
quote]
A Search for what? Legal guns? What are they going to do about it? "Judge, he had an NRA sticker so I searched him"?

Posted: Fri Jul 27, 2007 11:27 am
by seamusTX
If you look at the document that I provided a link to, a Texas man was charged with illegally carrying a pistol in his car.

In many states, it is illegal to have any firearm in the passenger compartment, or a loaded weapon locked up in the trunk.

- Jim

Posted: Fri Jul 27, 2007 12:37 pm
by HankB
llwatson wrote:I don't put NRA, TSRA, etc, stickers on my vehicle. Not because of law enforcement - just the opposite. I don't want some bad guy profiling my truck and thinking I might have guns and ammo in it worth stealing.
:iagree:

Note that the type of officer who decides he's going to stop you for having an NRA sticker is probably the type of officer who will have no qualms about inventing a court-approved "probable cause" after the fact.

Probably not much of an issue in Texas, but if you ever decide to drive your car (with TX plates!) into Chicago, Boston, New York, San Francisco, etc., you may be in for some problems.