He was driving home with his wife when he was pulled over, the police asked if he had any weapons and he did. A gun in the glove box, he had a Lic and the gun registered. The cop took the gun to run it against the data base for stolen firearms when he went to secure the gun he removed the mag and then counted the rounds. The suspect’s lawyer argued that once the firearm was unloaded, the magazine dropped free of the frame and the chamber emptied, there was no reason for officers to count the rounds and at that point, it was an unreasonable search.
Quoted: He was backed up by the September 2013 New York State Police guide to SAFE Act enforcement which states: “Unless there is probable cause to believe the law is being violated, there is no justification for checking a magazine to determine whether or not it contains more than 7 rounds.”