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by WildBill
Sat Feb 27, 2010 12:22 pm
Forum: LEO Contacts & Bloopers
Topic: DPS trooper running serial numbers?
Replies: 84
Views: 21280

Re: DPS trooper running serial numbers?

PappaGun wrote:This is a purely hypothetical what if...
What if an actor, as the law calls me, has a holstered handgun, and that handgun has a visible serial number when holstered. I cover the number with something opaque, say tape or fingernail polish. If the Trooper removes the material (without a warrant of course) that would be illegal search?
OK, I'm done.
:evil2:
This might backfire. The court could rule that the trooper had probable cause because the serial number was defaced and therefore could search without a warrant. :???:
by WildBill
Wed Feb 24, 2010 2:35 pm
Forum: LEO Contacts & Bloopers
Topic: DPS trooper running serial numbers?
Replies: 84
Views: 21280

Re: DPS trooper running serial numbers?

PeteCamp wrote:My question: Is this legal to run a serial number? Is this SOP for the DPS when dealing with CHL'ers? If it is legal (4th Amendment), how would the trooper articulate his suspicions that the weapon was stolen? Because he had a CHL? Isn't this a Catch 22 if someone had unknowingly purchased a weapon that, even inadvertently, turned up stolen?
IANAL, but I believe that it would be perfectly legal to run the number. However, if the search turned up as stolen, I am not certain they could use the evidence in court.

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