imported post
CA_Libertarian wrote:
bigtoe416 wrote:
I hope you didn't say anything and you didn't open your trunk. You just stood there silently until they left, right? You certainly didn't say you had a firearm, and if you did then you certainly didn't open the trunk, or let them handle your firearm. Please say you didn't.
LE have the 'right' to 'examine' the firearm under 12031(e). Even if the firearm is locked in the trunk. Remember that refusal to permit the examination is grounds for arrest.
There is case law where a college employee reported seeing guns in the trunk of the car, and police were justified in searching for the weapons in order to perform the 12031(e) examination since they had reasonable suspicion the guns were there.
(Sorry for not including a citation at this time. I'm drawing a blank on the case name, and the OCDO website search function is out of service right now. As soon as I can find/remember it, I'll post it here, unless someone helps me out and posts it for me first.)
Are you sure? I seem to recall the case quoted said the opposite. The man got drug evidence thrown out because the judge said they still needed a warrant.
And the police will, as in my case, sometimes remove your ID and then deny it later. This is why you should sterile carry.
As for the trespassing, they have to ask you to leave. No policy matters, posted or otherwise. Based on your report of the event, it is quite possible that both you and the security guards were not on the same page.
They asked you to put the gun in your car. You said that was OK with you. Then you asked if you could get the policy before you leave. They likely though you were going to put the gun in your car and then come back in for a copy of the policy.
It could go either way. This was a pretty clear miss-communication that may have saved you from a trespass charge.
I won't otherwise critique your first detention, as almost all are flustered and accommodating. . . With each detention you get better and better at standing tall with your mouth shut. Oh, and lieing to a cop is not illegal unless they are investigating an actual crime. . . Lie away. . .
Cop "Where are you going to this hour of night?"
Me "Well, it is time for an oil change in my truck so I was going to Wal-Mart to get some oil and a filter. Why? Is there something illegal about that officer?" - When I was really on my way to the strip club .
Of course the better response is "I am sorry, I don't see how that is relevant."