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Traffic Stop While Carrying In Oklahoma
2021-12-01T06:16:26-06:00August 8th, 2016|Tags: Oklahoma|Comments Off on Traffic Stop While Carrying In Oklahoma
U.S Law Shield Independent Program Attorney Robert Robles:
Many people have asked me what to do when they see flashing lights of a police officer in the rearview mirror and they understand uh-oh, I'm going to have to pull over and stop and talk to this police officer.
When you have an encounter in a traffic stop, keep your hands on the steering wheel. Wait for the police officer to come to the car, come to you and ask you for your driver's license, your registration or any other official documents. Tell the police officer immediately, as you're required under the Oklahoma statutes, that you are armed if, in fact, you are armed. If you're not armed, you do not have to say anything about a concealed carry license. When you tell the police officer you are armed, he will tell you either let me see your license or he will make some other response. Obey his command. Show him your license as you're required to have your license with you at all times.
If you have passengers who are armed, tell the police officer, I have passengers who are armed. Always make sure that you know who is armed in your car. If you have a gun in your car that is not in your possession such as in the glove box or in the center console or in the trunk, feel free to tell the police officer if there are guns in the car, and he will ask you where are they and you tell them. You only have to show the police your concealed carry permit when he asks to see it.
If you happen to wonder do you have to show the police officer your gun, you don't have to show him your gun unless requested. Under the statutes the only time a police officer can take your gun, examine it, remove the bullets, anything like that is when he believes that there are other crimes going on. The police officer has to have probable cause to believe that you are DUI, you have possession of contraband or something illegal is happening such as you're a fleeing felon from the scene of a bank robbery or some major
The police do not need a warrant to search your car or search your person. It's called stop and frisk. It's the Terry vs. Ohio exception to the warrant requirement of the Fourth Amendment. So, when the police -- do not tell the police officer get a warrant because he says, I don't need a warrant. He'll probably handcuff you, detain you and do other unpleasant things. And therefore, there is no warrant required for a police officer to stop and search and there is an exception to the Fourth Amendment on that issue.
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