theoretical illegal search and seizure

[newgunmike]

theoretically lets say i was coming home from the range and i get stopped by the police for speeding or something. he asks where i was coming from and i say the range, he then says "so you have guns" to which i say yes, then he asks me to step out of the vehicle and puts me in hand cuffs and says im not under arrest but thats its for his safety. then he sits me on the ground and begins to search my vehicle without permission from me and without a warrant, and finds a handgun with say no serial#. could i get some sort of mistrial of the case thrown out because he illegally searched my vehicle.and lets also pretend im under 21.

now none of what i wrote happened but what if i did what was written above, could i possible be able to sue, i would talk to a lawyer asap but just wanted to get some info for my theoretical question.

 

[elgin111]

Again, it depends

If the officer can articulate why he had probable cause to believe the vehicle contained contraband or the fruits of a crime, the search will be considered reasonable under the vehicle exception (I forget the Supreme Court case off hand, but it is well established). Depends on your state and what else is up and whether or not the officer can articulate the reasons for the search.

In some states, you can be incarcerated for speeding, so he could argue you were going to jail and he had to do a complete inventory of the vehicle - again, a valid exception to the 4th Amendment.

Barring probable cause (or some other exception), you probably have a case for suppressing (at trial) the altered firearms - which probably wins you the case. As for the civil suit, well, if you were actually caught with altered firearms, I doubt a civil case would go very far - but, you never know.

Just my two cents... I'm certainly not a constitutional lawyer.

Ed

 

[TexasRifleman]

Theoretical questions concerning law abiding citizens, firearms and the law are one thing. Theoretical questions about someone knowingly committing a crime then getting caught are another, and outside the scope of this forum.