NRA Sticker "Probable Cause" for search?
Moderator: carlson1
NRA Sticker "Probable Cause" for search?
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'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!)
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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
Seriously, though...that'd be profiling and we all know LEO's don't do that
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Re: NRA Sticker "Probable Cause" for 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).nitrogen wrote:I was just told on another board that having an NRA sticker on your ride is probable cause for a search.
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?
Some cops will claim they smell drugs comming from the car if they want to search bad enough. Its hard to prove a negative.KBCraig wrote: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).nitrogen wrote:I was just told on another board that having an NRA sticker on your ride is probable cause for a search.
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
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Re: NRA Sticker "Probable Cause" for search?
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.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!)


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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
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
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Having a vehicle that says "Corvette" on the side of it will also get you an automatic speeding ticket.....
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.

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.
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Re: NRA Sticker "Probable Cause" for search?
[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"?
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"?
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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.

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.
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