ConditionThree
State Pioneer
imported post
So I should be secure in my person, papers and effects if I'm lawfully carrying my sidearm in a belt holster, right?
Uhm- Right?
So both the California and U.S. Constitutions say unreasonable searches and seizure are not okay, but yet a law on the books is in direct contradiction to both sections by redefining probable cause and endorsing a super-Constitutional search of a person's effects.
Even a "Terry" stop wouldn't permit an officer to search me solely on the basis that I was conspicuously armed. They would have to have some reasonable suspicion that I was involved in criminal activity... beyond the mere fact my side arm is exposed., because in most cases, it is lawful.
Anyone else see the contradiction?
Pretty much mirrors what the U.S. Constitutions says... as appears below...CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 13. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.
The United States Constitution
Amendment 4 - Search and Seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
So I should be secure in my person, papers and effects if I'm lawfully carrying my sidearm in a belt holster, right?
Uhm- Right?
12031.(e) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section.
So both the California and U.S. Constitutions say unreasonable searches and seizure are not okay, but yet a law on the books is in direct contradiction to both sections by redefining probable cause and endorsing a super-Constitutional search of a person's effects.
Even a "Terry" stop wouldn't permit an officer to search me solely on the basis that I was conspicuously armed. They would have to have some reasonable suspicion that I was involved in criminal activity... beyond the mere fact my side arm is exposed., because in most cases, it is lawful.
Anyone else see the contradiction?