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Hey guys, it's Anthony Bandiero, here with blue to gold law enforcement training, and just outside of Cleveland, Ohio. And today's question is, can you run the serial number of a firearm that you are holding during a traffic stop? And the answer is most likely, but there are some caveats I want to go over. So first of all, we do know that if you are lawfully seizing a gun, for example, during a pat-down during a traffic stop, even if some is lawfully concealed carry, and you want to seize that gun during the traffic stop for your safety. Well, that certainly is going to be upheld. That's pretty clear. And then when you have the firearm, normally the firearms serial number is in plain view, you can just look at it. And that's not going to be a search under the Fourth Amendment right to be right to see, that's plain view. But what happens when you are running the gun, and the gun itself has nothing to do with the traffic stop, you know, it's just a safety issue. For example, the traffic stop is for speeding feller to maintain lane and so forth. The next legal question that we have to address is, does the running the gun extend the traffic stop? Because if it does, it could be prohibited under Rodriguez. So let's go through if you're running the firearm, and the serial number is is offered along with the suspects or the driver's license information, so forth, and dispatches gives you all that at one time, that's not usually gonna be an issue because it didn't extend the stop. It's part of the other things that you did it did not measurably extend the stop. So that's that's the first issue benefit. But if it does extend itself, let's say for example, dispatch tells you, hey, look, NCIC has taken a while to get back on this gun. And everything else is, is completed on the traffic stop, and you just waiting, there is an argument that that unrelated investigation is extended stop. And if something is found as a result of that, it's the fruit of the poisonous tree. So keep that in mind, I think courts are going to bend over backwards to give you the tools you need to, to find stolen firearms and so forth. But just keep that in the back your mind at some, at some point it can become extended, it could extend the stop. The next issue is what if the if the serial number is hidden from plain view. So for example, if there's a Hogue grip on the grip, and that certain number is, is underneath those I know, some Rugers have their serial number plates there. And you have to actually remove a grip or you have to remove a firearm part, you know, part of the furniture of the firearm and so forth. That is not playing view, right, that is a search under the Fourth Amendment. And I recommend that if you're going to do that, and be that and be intrusive on the person's firearm, have some reason to give to the court why you believed that run the firearm was reasonable. You know, for example, you know, clearly any kind of if you believe that the person has a criminal history that would prohibit them from, you know, possessing a firearm, you're going to run that. And you're probably also going to run the gun at the same time. Any kind of gang affiliation, you know, evidence, any kind of drug evidence, I would say that because, you know, under federal law, in probably most states, you cannot possess firearms if your habitual user of illegal narcotics. So that's what I'm saying, you know, if it's, if you're going to do that, try to have something anything, you know, just the connect the reason for being intrusive and actually removing parts of the firearm to find a certain number, because that would not be plain view that would be a search and it should be justified to some degree. Now again, I do believe courts are going to bend over backwards to uphold what you're doing out there with these firearms they want the tone of the of the courts out there seem to be strict enforcement of firearm laws, especially in anti gun states like New Jersey, New York and California. I mean, I can't see them at the lower level. I can't see a trial court overturning what you're doing out there a firearms I think at the appellate level of the Supreme Court, they would have a little bit more reflection on it constitutionally but the lower level I think they're gonna be very motivated to uphold what you're doing with firearms. That's just my opinion. But pro gun states like you know, Tennessee and Texas, at the lower level, they are probably going to be a little bit more picky about why you're doing what you're, you're doing and they're gonna Want to reason I hope this helps. I don't have a lot of cases on it so I'm giving you my opinion, but still I think it moves the ball forward. If you have any other questions for me, email me at Blue to gold calm, and until next time, stay safe.
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