Know Your Rights: If You Disclose You Are Carrying Do You Consent to be Searched?

The U.S. Supreme Court invented the “stop and frisk” when it decided Terry vs. Ohio

In a previous article, we examined whether you should disclose you are carrying a firearm when a law enforcement officer detains you for a traffic stop.  Generally, the advice was that you should voluntarily disclose you are carrying even if the law does not require you to do so.  A logical follow-up question is: If you voluntarily disclose that you are carrying, have you given permission for the police officer to search you or your car?

The question is not an easy one to answer due to the current state of the law.  There is a split among the different jurisdictions in the United States with respect to whether someone who is carrying a gun is automatically considered “dangerous” and subject to search if a law enforcement officer reasonably believes the person is engaged in criminal activity.  In order to understand the issue, it is important to briefly discuss the history of the law related to an officer’s ability to “stop and frisk.”

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