I am a passenger in a vehicle in which both my wife and I have joint registration and my wife is driving. We are both Illinois residents and the vehicle is registered in Illinois. I have a valid CCL.
She is stopped for an alleged traffic violation in Illinois. She has a valid FOID. The officer asks my wife if a firearm is in the vehicle.
The firearm is secured, unloaded in the trunk in a locked metal container. My wife answers yes and details the location of the firearm.
Can the officer legally demand that the weapons be removed from the trunk and the locked container, or does this violate the 4th Amendment?
I’m not a lawyer, but my understanding is that they would need reasonable suspicion that a crime has been committed by one of the vehicle occupants. Given the information provided, you could reasonably deny permission to search the trunk, and they would need to get a warrant. Again, this is not legal advice, and I am not a lawyer. (I have stayed overnight at a Holiday on a few occasions. )
@Michael2380 Welcome to the community! If Illinois is a “no duty to inform” that there is a firearm in the vehicle then don’t say anything, and if the officer asks, remain calm and nicely respond, " I do not answer questions", and that you will cooperate with whatever the traffic stop is about and offer the officer your credentials, driver license, insurance, registration.
)
don’t say anything, and if the officer asks, remain calm and nicely respond, " I do not answer questions", and that you will cooperate with whatever the traffic stop is about and offer the officer your credentials, driver license, insurance, registration.