thecalifornian
New member
imported post
True.
True.
Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.
Get a lawyer YESTERDAY, and do not speak to the police or post more details here without consulting the lawyer first....SNIP
Does anyone have any good suggestions for fighting this charge? Or know anyone that would be good to help me out?
It does sound pretty bogus (the charge that is), but that's for the courts to decide, not us. thecalifornian, I'd really like to hear how this turns out, but only after you cet out of court.Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.
+1000nakedshoplifter wrote:It does sound pretty bogus (the charge that is), but that's for the courts to decide, not us. thecalifornian, I'd really like to hear how this turns out, but only after you cet out of court.Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.
To many people seem to forget that whole "anything you say can and will be held against you" extends to the internet.
12031. (a) (1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.
(h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.
Sounds like an easy case - unless your private property is a "public place.'thecalifornian wrote:Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.
Actually, some of us disagree with that interpretation.nakedshoplifter wrote:Sounds like an easy case - unless your private property is a "public place.'thecalifornian wrote:Sounds to me that the cop made a bad arrest. You weren't carrying it, holding or brandishing it, and you're on private property. The police had no probable cause to be there so the search is fruit of the poisonous tree. I am not a lawyer.He saw the gun on the table and told us to get down and arrested me for unlawfully carrying a loaded firearm within city limits.
The issue is "public place" - was this real property a public place or not?in essence, since the PC spells out that it is illegal to have it loaded in a public place and provides an exemption for private property owned by the person that they would be exempt.
So far no one has supported with case law what defines private place
In California v. Overturf, the Court of Appeals determined that 12031 (a) makes it illegal to possess and carry a firearm. The exemptions in (h) and (l) were found to exempt only possession.ChickenFarmer wrote:The issue is "public place" - was this real property a public place or not?in essence, since the PC spells out that it is illegal to have it loaded in a public place and provides an exemption for private property owned by the person that they would be exempt.
So far no one has supported with case law what defines private place
If the above is true,then yall have some crappy laws out there in Cal.I thought the laws down here in the New Orleans area were bad.............So then with the law of California, if the night prior some police came and knocked down my door so that is was no longer there...
And the following day a stranger saw that there was no door entered my home it could be considered a public place because there was nothing preventing the public from gaining access....
Although it doesn't make it right it sounds like it would be legal...
So then with the law of California, if the night prior some police came and knocked down my door so that is was no longer there...
And the following day a stranger saw that there was no door entered my home it could be considered a public place because there was nothing preventing the public from gaining access....
ChickenFarmer wrote:So then with the law of California, if the night prior some police came and knocked down my door so that is was no longer there...
And the following day a stranger saw that there was no door entered my home it could be considered a public place because there was nothing preventing the public from gaining access....
Well there is that whole thing about police not being able to create their own exingencies.