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IN: Concealed gun permit alone does not justify a protective weapons search

By John Wesley Hall, Jr.

A concealed carry permit still requires an articulable basis that the handgun would potentially be used to search for it. Here, the motorist was fully cooperative and made no furtive movements. The officer testified the search for the gun was merely a matter of personal policy when the driver has a concealed carry permit. Washington v. State, 2010 Ind. App. LEXIS 336 (March 4, 2010): As a matter of his own practice, the officer inquired as to whether Washington had any weapons or guns in the car, and Washington replied that he had a handgun, which was located underneath the driver's seat. Washington also informed Officer Reynolds that he had a valid permit for the handgun. Although Washington admitted that a handgun was present inside of the car, he was at all times totally cooperative with Officer Reynolds...continue to full post

Full post as published by Fourth Amendment on March 08, 2010 (boomark / email).