Can you run a gun's serial number during a traffic stop?

EPISODE · Feb 3, 2022 · 5 MIN

Can you run a gun's serial number during a traffic stop?

from The Search & Seizure Show

The following is a computer-generated transcription, some grammar and spelling errors may be inherent Hey guys, it's Anthony Bandiero, here with blue to gold law enforcement training, and just outside of Cleveland, Ohio. And today's question is, can you run the serial number of a firearm that you are holding during a traffic stop? And the answer is most likely, but there are some caveats I want to go over. So first of all, we do know that if you are lawfully seizing a gun, for example, during a pat-down during a traffic stop, even if some is lawfully concealed carry, and you want to seize that gun during the traffic stop for your safety. Well, that certainly is going to be upheld. That's pretty clear. And then when you have the firearm, normally the firearms serial number is in plain view, you can just look at it. And that's not going to be a search under the Fourth Amendment right to be right to see, that's plain view. But what happens when you are running the gun, and the gun itself has nothing to do with the traffic stop, you know, it's just a safety issue. For example, the traffic stop is for speeding feller to maintain lane and so forth. The next legal question that we have to address is, does the running the gun extend the traffic stop? Because if it does, it could be prohibited under Rodriguez. So let's go through if you're running the firearm, and the serial number is is offered along with the suspects or the driver's license information, so forth, and dispatches gives you all that at one time, that's not usually gonna be an issue because it didn't extend the stop. It's part of the other things that you did it did not measurably extend the stop. So that's that's the first issue benefit. But if it does extend itself, let's say for example, dispatch tells you, hey, look, NCIC has taken a while to get back on this gun. And everything else is, is completed on the traffic stop, and you just waiting, there is an argument that that unrelated investigation is extended stop. And if something is found as a result of that, it's the fruit of the poisonous tree. So keep that in mind, I think courts are going to bend over backwards to give you the tools you need to, to find stolen firearms and so forth. But just keep that in the back your mind at some, at some point it can become extended, it could extend the stop. The next issue is what if the if the serial number is hidden from plain view. So for example, if there's a Hogue grip on the grip, and that certain number is, is underneath those I know, some Rugers have their serial number plates there. And you have to actually remove a grip or you have to remove a firearm part, you know, part of the furniture of the firearm and so forth. That is not playing view, right, that is a search under the Fourth Amendment. And I recommend that if you're going to do that, and be that and be intrusive on the person's firearm, have some reason to give to the court why you believed that run the firearm was reasonable...

NOW PLAYING

Can you run a gun's serial number during a traffic stop?

0:00 5:37

No transcript for this episode yet

We transcribe on demand. Request one and we'll notify you when it's ready — usually under 10 minutes.

No similar episodes found.

MG Show MG Show The MG Show, hosted by Jeffrey Pedersen and Shannon Townsend, is a leading alternative media platform dedicated to uncovering the truth behind today’s most pressing political issues. Launched in 2019, the show has grown exponentially, offering unfiltered insights, comprehensive research, and real-time analysis. With a commitment to independent journalism and factual integrity, the MG Show empowers its audience with knowledge and encourages active participation in the political discourse. The Game Radio Popolare Soldi, lavoro, avidità, disoccupazioni: il grande gioco dell’economia smontato ogni giorno da Raffaele Liguori. Photo Breakdown Scott Wyden Kivowitz Photo Breakdown is a podcast in which we explore the world of photography with a trusted guide, host Scott Wyden Kivowitz. His expertise and passion bring the industry to life as we explore the stories, trends, and ideas shaping it today. Join us as we dissect everything from incredible photographs and creative techniques to the latest gear releases and hot topics in the photography community.In each episode, we break down what’s happening behind the scenes - whether it’s making a powerful image, a candid discussion on industry trends, or a reflection on the tools and technology changing how we make photographs. You’ll get insights, expert opinions, and a fresh perspective on what’s top of mind for photographers right now.Anticipate short, engaging episodes brimming with ideas and inspiration. Be part of the conversation by sharing your thoughts, voice notes, and comments. Your participation is what makes our community vibrant and dynamic.It’s more than just photography - everyth The Last Outlaws Impact Studios at UTS In a History Lab season like no other, we're pulling on the threads of one of Australia's great misunderstood histories, moving beyond the myths to learn what the Aboriginal brothers Jimmy and Joe Governor faced in both life and death.Australia's budding Federation is the background setting to this remarkable story, that sees the Governor brothers tied to the inauguration of a 'new' nation and Australia's dark history of frontier violence, racial injustice and the global trade and defilement of Aboriginal ancestral remains. This Impact Studios production is a collaboration with the Governor family, UTS Faculty of Law and Jumbunna Institute for Indigenous Education and Research.The Last Outlaws teamKatherine Biber - UTS Law Professor and Chief InvestigatorAunty Loretta Parsley - Great-granddaughter of Jimmy Governor and the Governor Family Historian Leroy Parsons - Governor descendant, Narrator and Co-WriterKaitlyn Sawrey - Host, Writer and Senior ProducerFrank Lopez - Writer,
URL copied to clipboard!