Asked in Criminal Law and Civil Rights for Oklahoma

Q: I was pulled over for speeding place in cuffs and was being detain my passenger has a register firearm under my seat

Not in plain sight no search Warrant or consent of search of car I’m the driver can I be charged with felony afterforeman

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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: As you are aware, as a convicted felon (or an adjudicated delinquent) you are not allowed to have any firearms in your house, in your car, or on your person. They’re going to use what’s for referred to as a reasonable person standard in most cases.

We simply need more facts to provide you with a learned answer. In this instance, you clearly gave them cause pull you over as you engaged in a traffic violation, speeding. Once the officers came into contact with you there are a variety of factors that could allow this scenario to escalate to a search. Just you are did they smell marijuana? Did they see any drugs or paraphernalia? Did anybody have bloodshot eyes, slurred speech, nervousness, furtive movements prior to being pulled over completely that could be considered furtive or trying to conceal something?

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