imported post
Another Drive by poster
I occasionally make mistakes, and when I am corrected using actual Penal Code citation and Vehicle Code citation I am the first to admit that I was wrong. apollo hasn't shown me that I am wrong.
apollo wrote:
I would check your facts before posting to a community bulletin! PC 12031(e) of the California Penal Code allows police officers to detain a person in possession of a firearm to determine if the firearm is loaded or unloaded. Therefore this is a legal and lawful detention. Failure to provide identification after being contacted by the police for a lawful detention can and probably will result in your arrest 148(a)(1) PC, delaying and obstructing.
As there is no legal requirement in California to always carry Identification papers with you, they would be hard pressed to arrest you for obstruction for failing to provide I.D.
You will note, however,I did not say that you should notidentify yourself. That can be done by just simply providing your name and city of residence. When I opencarry, I do however carry one piece of Government issued I.D., my VA card. It has only my picture and my name on it,no other personal information atall on it.
apollo
wrote:
Decoligny…
Furthermore in another of your post you mentioned the police use “Blue” lights to stop vehicles. This is incorrect as well. The blue and amber lights are for visibility. By law the police use a “red light” visible for 1000 feet to stop vehicles.
From my limited experience with being pulled over (twice in the past 15 years) the primary color that I have seen in my raerview is FLASHING BLUE. They do have amber lights as well. Red I cannot attest to.
You say that BY LAW the police have to use "red lights" to stop vehicles, please provide the citation to exactly which part of THE LAW states that requirement.
CALIFORNIA VEHICLE CODE
25252. Every authorized emergency vehicle shall be equipped with at
least one steady burning red warning lamp visible from at least
1,000 feet to the front of the vehicle to be used as provided in this
code.
In addition, authorized emergency vehicles
may display revolving,
flashing, or steady red warning lights to the front, sides or rear of
the vehicles.
I see nowhere a requirement to use that red lamp to stop vehicles.
CALIFORNIA VEHICLE CODE
25258. (a) An authorized emergency vehicle operating under the
conditions specified in Section 21055 may display a flashing white
light from a gaseous discharge lamp designed and used for the purpose
of controlling official traffic control signals.
(b) An authorized emergency vehicle
used by a peace officer, as
defined in Section 830.1 of, subdivision (a), (b), (c), (d), (e),
(f), (g), or (i) of Section 830.2 of, subdivision (b) of Section
830.31 of, subdivision (a) or (b) of Section 830.32 of, Section
830.33 of, subdivision (a) of Section 830.36 of, subdivision (a) of
Section 830.4 of, or Section 830.6 of, the Penal Code, in the
performance of the peace officer's duties, may, in addition,
display
a steady or flashing blue warning light visible from the front,
sides, or rear of the vehicle.
(c) Except as provided in subdivision (a), a vehicle shall not be
equipped with a device that emits any illumination or radiation that
is designed or used for the purpose of controlling official traffic
control signals.
25259. (a) Any authorized emergency vehicle may display flashing
amber warning lights to the front, sides, or rear.
(b) A vehicle operated by a police or traffic officer while in the
actual performance of his or her duties may display steady burning
or flashing white lights to either side mounted above the roofline of
the vehicle.
(c) Any authorized emergency vehicle may display
not more than two
flashing white warning lights to the front mounted above the
roofline of the vehicle and not more than two flashing white warning
lights to the front mounted below the roofline of the vehicle. These
lamps may be in addition to the flashing headlamps permitted under
Section 25252.5.