imported post
bigtoe416 wrote:
Mike wrote:
Consider non-confrontational family friendly settings - private property with fence would be good too - police cannot demand to do load checks on property guarded or fenced in per People v. Strider for details.
Clarifying here -- the citation of
People v. Strider says that police cannot demand to do load checks on property guarded by a fence or locked door. I can't find a reference in the opinion which states that a place guarded is off-limits for peace officers to conduct load checks. I'm assuming your post just had a typo.
"Here, in contrast to these cases, the key issue is not whether Deputy Bates‟s observation of the gun through the fence constituted a search. Clearly, it did not; Strider and the gun were in plain view through the fence, and Bates was on a public street, at a lawful vantage point. (See, e.g., People v. Chavez, supra, 161 Cal.App.4th at p. 1501.) That fact, however, does not justify the detention. The detention was lawful only if Bates had a reasonable, articulable suspicion Strider was involved in criminal activity. (Illinois v. Wardlow (2000) 528 U.S. 119, 123; In re Manuel G., supra, 16 Cal.4th at p. 821.) Bates could not have reasonably suspected Strider unlawfully had a gun on his person while in a public place unless the yard was a public place. Thus, jurisprudence related to the plain view doctrine and the legality of officers‟ entry onto the curtilage is inapposite."
Is this what you are looking for?
At issue was not whether the officer was lawfully authorized to conduct an e-check, but whether Strider was unlawfully carrying a firearm in a public place:
"The People's theory as to why the deputies‟ actions were constitutionally permissible runs as follows. As discussed in more detail post, section 12031 prohibits most persons from carrying a loaded firearm "while in any public place." (§ 12031, subd. (a)(1).) The People contend that the fenced yard where Bates observed Strider constituted a public place for purposes of the statute."
12031(e) follows from 12031(a)(1) so that an officer mayverify loaded or unloaded status. And since (e) follows from (a)(1), it must also follow that (e) applies only when carrying in "a public place."