4th Amendment Violation?

[markheck1]

So my friend was stopped for speeding the other day, a bullshit 33 in a 25, but anyway.....she dug her wallet out of her purse, and left her purse sitting on her lap. as she was handing her license to the officer, he saw her LTCF. He said"I see you have a carry permit, do you have a gun with you? She said yeah, I have a pistol in my purse. He said "I'll take that" and reached in the window, and grabbed her purse, yanked it out, and set it on her hood. ....then after presumably running her license and LTCF, he decided he would rummage through her purse to find her gun. she told him which pocket it was in and he removed it, unloaded it, and took it apart. anyway.....after running her gun thru the illegal database, he gave her a ticket for failure to yield to a traffic device, same fine as speeding but no points...he did here a "favor"..........Dick....
Her husband called and talked to the Police Chief...who said he talked to the officer, and that he said he asked her to see her purse, and she agreed....

Not really looking for advice here, since it's two cops words against one female's ...no chance in hell of doing anything about it....just wanted to vent a little bit....but would this be an Illegal Search and Seizure?

[fingers80002]

Sounds like it from "your description", their's is the the one the DA will go with.....

[MSOfin]

Yes Sir, you are correct. That is a violation of the 4th Amendment.

[Keith4001r]

So my friend was stopped for speeding the other day, a bullshit 33 in a 25, but anyway.....she dug her wallet out of her purse, and left her purse sitting on her lap. as she was handing her license to the officer, he saw her LTCF. He said"I see you have a carry permit, do you have a gun with you? She said yeah, I have a pistol in my purse. He said "I'll take that" and reached in the window, and grabbed her purse, yanked it out, and set it on her hood. ....then after presumably running her license and LTCF, he decided he would rummage through her purse to find her gun. she told him which pocket it was in and he removed it, unloaded it, and took it apart. anyway.....after running her gun thru the illegal database, he gave her a ticket for failure to yield to a traffic device, same fine as speeding but no points...he did here a "favor"..........Dick....
Her husband called and talked to the Police Chief...who said he talked to the officer, and that he said he asked her to see her purse, and she agreed....

Not really looking for advice here, since it's two cops words against one female's ...no chance in hell of doing anything about it....just wanted to vent a little bit....but would this be an Illegal Search and Seizure?

I'm thinkin' that if he did not ask for her purse, then it was an illegal seizure. If he didn't ask to search her purse, I think that was an illegal search.

If this was done to my wife, I'd call a lawyer for sure, if for nothing else to determine whether the search and seizere were indeed illegal.

Gunlawyer, you out there?

[markheck1]

For what? noone will believe her, there were 2 Cops....who will both say he asked..

[fingers80002]

For what? noone will believe her, there were 2 Cops....who will both say he asked..

Good reason to carry a recorder.

[headcase]

In her version, that was an obvious illegal search and seizure. If it were me, I would call a lawyer and see if he/she couldn't at least make a stink. I am not sure there is a viable lawsuit there, but hell, a couple of phone calls, one maybe to the ACLU, might bear fruit. Depends on how pissed they are about it, and whether or not they are willing to see it through... just my $.02

[markheck1]

yeah, I just don;t see it going anywhere....Cops will says he asked, and she agreed...

OH! almost forgot....she has a little keltec P32....she carries with an empty chamber...i know...I know....but the cop asked her why, and she said cause of the kids, and he said well...I recommend everyone carry with a round in the chamber.....she said...but there's no safety....and he said I still recommend everyone carry with a round in the chamber....LOL

[Bmaninmifco]

I'd make a stink about it.
Get it out there. IMO this is not the first time they have done this.
There are more than likely alot more people this has been done to.
One person it would be 2 cops against 1 person.
A lot of people it's now 30 against 2.

[ChamberedRound]

Definitely a violation. Evidence of licensure does not constitute the probable cause needed to initiate a search. The only reason why the LEO may get away with this is that the driver admitted to having a weapon, at which point he can claim he took steps to "ensure his safety".