Posted: 2/27/2008 4:07:22 AM EDT
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I was reading the arrest report in my local paper the other day and saw where someone was charged with "operating a motor vehicle having a secret compartment". He was charged with some other moving violation, but nothing else. Seemed a little strange to me... |
OCGA 16-11-112
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Damn, learned something new... I wonder if that includes spaces, like behind kick panels and what not. I know in my Saturn, there is space behind the center console and behind the kick panels on the center console. I guess if you used it as a secret compartment, then yeah... |
16-11-112
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would a gun in a self fabricated compartment qualify as contraband? lets just say someone wanted a trunk gun location in a vehicle that doesn't have a trunk. if they made a "trunk" in the back of their trunkless car would that count? said person would have a GFL BTW. |
no. |
As DKing said, No. A lawfully posessed or owned firearm doesn't count as contraband. |
As long as it is designed for "concealment" ....not just an extra "trunk" like these guys are talking about.....it can be articulated easily. Ran into a a situation where a guy had a false bottom in the back of an SUV. It was operated by a sophisticated hydraulic lift system that was wired to a throw switch under the front dash obscured from view, it sealed closed with fake speakers built into it and appeared to be the floor of the back are of the vehicle, inside the are there was a MAC 10, .38 revolver and a ton of ammo. |
kncook, if a mac-10, a 38, and a ton of ammo bother you...please, PLEASE, don't ever look in my trunk. I say no to the guns thing but of course if you're a convicted felon the answer becomes ...yes. Concealing something is fine as long as your not concealing something you are not allowed to possess and you're not concealing it from law enforcement. As has been pointed out an officer may be able to "articulate it" for PC but proving it beyond any doubt for which a reason may be given or any doubt which causes a juror's mind to be wavering, unsettled or uncertain, that's a different story. Many cops don't think past reasonable articulable suspicion, but the best ones like the guys here know that you have to have more. You have to reach beyond a reasonable doubt of a fair minded impartial juror honestly seeking the truth. |
-Posession by a convicted felon -Posession of a FA Mac-10 w/o appropriate paperwork -Concealed weapon w/o a permit? I dunno about that one, but I'd be able to articulate it pretty good. There are a few reasons that it could be a problem. Us being law abiding citizens though, really don't have to worry about the above though...... |
I agree--100%. That is the problem, though. WAY too many don't care what the intent of the law is, or what they need PAST probable cause. I have seen this a lot. Common sense is sadly lacking in many officers today. GR |
But we're working to change that. Both here in discussions like this and in the courtroom. There's nothing quite like a magistrate court judge at a PC hearing saying, "I'm binding it over because it meets the limited burden of probable cause, but I caution you Mr. Prosecutor and you Mr. Officer about bringing this case as articulated before a superior court judge."  One case at a time. |
Of course.....I know we are not talking about a trunk or a tool box or anything else that if you looked into a car you would know is an extra storage compartment and not a "hiding" place, it is how you honestly believe the person intended the compartment to be used. The point is you say that they are not giving that person a benefit of the doubt about the concealed compartment, do you think an impartial juror would believe that compartment was used to hold gloves and hidden Christmas presents....they maybe convinced of that but anyone can be convinced of anything....isn't that right Mr. King  . |
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I built a lock box into a recessed area of a 1980 corvette. Used it to keep my gun in as my guns can't fit in the glove box and there is no trunk or center console. I've seen several Tahoe's outfitted the same with with the hidden compartment under the rear floorboard with lots of ammo and goodies. and I know of several cars that have a locking rack hidden underneath the rear window in the trunk of the sedan holding everything from 870's to M4's This is the problem. When your job is investigating crime, every activity begins to look criminal. Unless contraband is found or the person was engaged in behavior that would provide circumstantial evidence that the purpose was for contraband, you're gonna lose. The law is sufficiently well worded to allow people to protect their property and modify their vehicles as they see fit, provided they then do not use the modification illegally. |