He is absolutely right. Kalifornia is Denver x10 when it comes to the ol "you can beat the rap but you cant beat the ride" mantra. Frankly I would leave it at home and not take the chance.Quote:
Originally Posted by Byte Stryke
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He is absolutely right. Kalifornia is Denver x10 when it comes to the ol "you can beat the rap but you cant beat the ride" mantra. Frankly I would leave it at home and not take the chance.Quote:
Originally Posted by Byte Stryke
Not true. There are numerous ways a LEO can legally search your car without your consent or a warrant. Granted, it doesn't happen often to average Joe who isn't involved in illegal activity but it does happen.Quote:
Originally Posted by jim
CA statutes specifically state that glove compartments or utility compartments DO NOT qualify as suitable storage locations.Quote:
Originally Posted by jim
Yeah, there are laws. Statutes also say it's OK to remove the gun from the car as long as it remains in the locked container.Quote:
Originally Posted by jim
(Penal Code § 12026.1.)
1. the firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment,
2. and when the firearm is carried by the person to or from any motor vehicle for any lawful purpose, the firearm must be contained in a locked container while being physically carried.
Quote:
Originally Posted by Bailey Guns
Last CHP that inquired about vehicle search was politely denied access. Explained even though we had nothing illegal or wanted any issues i preferred he not enter the vehicle. he stood there a few minutes ran my id and paperwork then drove away. Yes i had a firearm, no i did not volunteer any info and no one enters a vehicle i am driving with out 1) impounding 2) warrant to search.
Call your watch commander or who ever is in charge for your shift, the answer is still no.
I was involved with the NY State Police many years ago regarding unnecessary / illegal search and seizure, They drew guns while i was scuffling with 2 across the hood of their car. We walked away from that one with out being arrested. there is this thing called the constitution that no matter how much they try and bully you, still holds some water in America.
I do not CCW in states that do not recognize CO. I do and will continue to transport a handgun with me no matter what state i am visiting or driving through. YMMV
Instances where it's permissible to search without a warrant or consent whether you like it or not:Quote:
Originally Posted by jim
The Supreme Court long ago established the "Motor Vehicle Exception" relating to warrantless searches (Carroll v US). Look it up.
- Search incident to arrest (aka Chimel Rule from Chimel v California)
- Inventory search
- Search based on probable cause
- Plain View (contraband is visible...relates more to seizures)
- Hot Pursuit
- Motor Vehicle Exception
The first case you noted in your last post would be an officer asking for consent. Usually means he doesn't have a legal right and wants you to OK the search. You didn't. He couldn't.
There's also searches based on exigent (or emergency) circumstances that might apply to a motor vehicle but would also apply to a residence or something similar.
I know what the rules are regarding search/seizure and I can unequivocally say you are wrong. Fortunately for you it's obvious you haven't come up against an officer who knows more about search/seizure than you do who's willing to prove it to you.
Depends on the police officer you deal with just like anywhere. My grandparents were in California in their Motor home. Stopped by a Wal Mart. On the way out somebody mistaken them for an easy target. Probably figured with the motor home they had cash...which was right. Anyhow grandpa gets grandma in the passenger side and he goes to get in the drivers side. Guy approaches him. He thinks the guy is going to ask for a dollar and instead the guy pulls a knife and asks for his wallet. My grandma said she couldn't see the guy or knew exactly what was going on, but when grandpa threw his wallet on the hood she knew it wasn't good. When guy picks up wallet granny comes out and around with grandpas 3 inch python. They did the "LEGAL" thing and called the cops. Cops had them put the gun right back in the glove box where it belongs. No charges no nothing. Again you and I are not a little old lady protecting her hubby of 54 years so we may get a different result.
PS that python is part of my collection now and just waits in the safe till the day it goes to my son who's named after the man who owned it.[Beer]
Quote:
Originally Posted by Bailey Guns
and it is important to note that probable cause can be "I thought I Smelled (alcohol, pot, whatever)"
Exactly. "Plain view" has been joined by "plain smell" and "plain feel" search doctrines and are used every day in police work.Quote:
Originally Posted by Byte Stryke
Didn't take the gun. Wish I would have I'm in Santa Rosa and there was a rally at city hall with people open carrying and rallying for gun rights. I've been told by everyone here I should have brought a gun. They want confrontations with the police on a large scale to bring Kommiefornia's ludicrous laws to the SCOTUS. It's really encouraging. What ever RMGO's equivalent out here is there fighting hard. If these folks still have hope, than we must fight twice as hard to make sure it never happens in CO.
http://spotcrime.com/
Put your location in and see dozens of reasons why you should have brought a gun.
Works great for show and tell when arguing with libtards too.