Heading out to California for a couple weeks.

[Great-Kazoo]

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.



CA statutes specifically state that glove compartments or utility compartments DO NOT qualify as suitable storage locations.



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.

(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.

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

[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:

• 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 Supreme Court long ago established the "Motor Vehicle Exception" relating to warrantless searches (Carroll v US). Look it up.

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.