Whatever the name, there is now a movement sweeping the country to create a procedure to confiscate firearms of suspected at risk individuals before they perpetuate gun violence. Some people refer to these as Red Flag Laws or Gun Violence Restraining Orders/Injunctions.
In criminal cases a common concern is that the officer requested the driver or other person to exit the vehicle. There is a line of thought that being removed from the vehicle requires a safety concern or other good reason. Some may question what issue(s) exist getting out of the car, others do not like the feeling of being seized, however in the context of criminal cases, exiting from a vehicle often discloses damaging evidence.
Constructive possession means other than physical possession. In the world of criminal defense this usually means drugs or narcotics are found but, not in the pocket or in the bra of the defendant. Constructive possession is an important concept for cases involving possession of a firearm by a convicted felon or a concealed firearm or weapon without a license. For example, you possess that television on your wall, you can move it, throw it away, and beat it with a baseball bat because you control it. However, no one carries around their flat screen in their back pocket.
Possession of a firearm by a convicted felon is a second degree felony punishable by up to 15 years prison and a $10,000 fine. While the defenses to search and seizure are still available there are also other defenses available to the charge of being a felon in possession of a firearm.
Criminal cases, especially those involving firearms are significant and tense starting at the roadside encounter. The recent appellate case of Rose v. State from the First District Court of Appeal, in which the person was convicted of possession of a firearm by a convicted felon, is a scary reminder of how interactions with law enforcement can go horribly wrong, fast. The Defendant was convicted of possession of a firearm by a convicted felon.