The Monday Q&A – Edition 1
This week we answer the following questions:
- Mark asks, “If you get pulled over and the police ask to search your car, what are your options?”
- Eric asks, “Do I get my earnest money back from the purchase of a house if I back out after putting the house under contract?”
- Mike asks,”If I have a gun in my car and get stopped by a cop, do I have to tell the cop I’m carrying the gun?”
Watch the video or read below for the answer.
Submit your questions for next week at www.TysonAnswers.com or Facebook.com/MutruxLaw, or just tweet us at @MutruxLaw.
Hello everyone! Tyson Mutrux here with The Monday Q&A from the Mutrux Law Firm. Today I’ve got three questions that I’ve chosen to answer. I chose the three that I think probably come up the most in people’s lives. I’m probably gonna do that on each one of these editions just because I can’t answer all of them. I’ll email everyone else’s answers to your questions, but I’ll probably choose about three for each video and go from there.
The first one is from Mark. His question is: If you get pulled over and the police search ask to search your car, what are your options? And really your options are to, if the officers say that they want to look through your car and say they’re going to do it, probably because they got some sort of probable cause, you need to do it. Just comply with their commands even if you feel it’s not right, you want to challenge that later. However, if they were asking you, they’re saying, “Can I?” You don’t need to let them, whether you have something in your car or not. Personally, if I’m not carrying anything or if I’m carrying something, it doesn’t matter. I’m not gonna let them search my vehicle. They have no right to. If they’re just asking to do it, don’t do it.
Second question comes from Eric. Do I get my earnest money back from the purchase of a house if I back out after placing the house under contract? I don’t do real estate law, but I’ve asked a friend about this. If everyone has complied with every other term of the contract then no, you don’t get your money back; that money’s gone no matter how much you pay. If someone, however, if the other side has violated a term of it, then you have a real estate attorney look into the contract and see if maybe they’ve violated some term, you may be able to get that money back. Another option is you may be able to negotiate, so let’s say you gave a thousand bucks, maybe you’ll get five hundred of it back, so that’s an option.
The third and last question comes from Mike. If you have a firearm in your car and get stopped, do you have to tell the police about it? Now, in Missouri it’s a little bit tricky with concealed and carry laws. If you have that endorsement on your license and they ask you, you gotta make sure you have that with you at all times. If they ask you for that you need to give it to them. You have no duty to tell them right away if when you’re pulled over, so when they walk up you don’t have to say, “Hey, I’ve got a gun in my car.” It’s probably a courtesy that you probably should give, but you don’t have to. I have another caveat to this. If you do not have a conceal and carry permit, you gotta know that you cannot carry that gun on or about your person, so that means under the seat, in the center console. My rule of thumb is within arm’s reach. If you’ve got a firearm and you don’t have a concealed and carry, put it in the trunk, take the magazine out of it, make sure it’s separate. Keep it as far away from you as possible so you don’t have any run-ins with the law when it comes to that because if it’s close to you and they searched your vehicle for some reason, let’s say you’ve got a traffic warrant, you’ve got a gun under your seat, and so they’ve arrested you on this traffic warrant, they’re gonna search your vehicle, find your gun, well now you’re charged with unlawful use of a weapon, so make sure that you keep it as far away from you as possible. But to answer the question though, “Do you have a duty to tell them?” No, you do not, but if they ask you for your license and you do have a conceal and carry and they ask for that endorsement, you have got to have that on you.