Legal Question in Constitutional Law in Mississippi

Tonight I was pulled over for "improper start" and when I pulled over and the officer asked for my license and insurance I informed him of my handgun and my permit to carry (I live in Mississippi you dont need a permit to carry in your vehicle.) The officer said it was ok for me to reach for my license and insurance. He went to his car, and another officer pulled up. Both officers came up to my truck and asked me to step out. Before I moved I said I do not consent to search or seizure. They said I still needed to step out so I opened my door and stepped out. I attempted to close my door but the second officer held it open and ordered me to let go of it. I repeated that I would not consent to a search or seizure. They both tell me my firearm is probable cause. I told them a third time I wouldnt convent but the second officer reached in to my truck grabbed my handgun, unloaded it, and ran the serial number. Is this legal?

Asked on 3/15/13, 6:32 pm

Timothy Matusheski Law Offices of Timothy J. Matusheski

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Probably only if the gun was in plain view of the police officers.

Answered on 7/13/13, 9:35 am

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