imported post
Over the weekend, I was pulled over for speeding somewhere in the County of Los Angeles; it may or may not be an incorporated city. OK, no problem, I got caught in a speeding trap, I'll fight it later. I'm relaxed, but I know they will probably say something about the rifle.
When the offices approached, they started to talk to me, then noticed my .22 rifle in the back seat, and stopped mid-sentence. There attitude changed immediately. They made a statement about the rifle; I forget exactly what they said. I replied it was unloaded and I was carrying it legally.
They asked if I was going to be a problem, and asked for my license. I didn't have my license on me because I had lost it easier that day shooting out in the desert (don't ask me how, I still can't figure it out) and I said so. They asked me a couple more times for an ID of some type, and each time I said I lost it and gave them my name and address (and later even gave my SSN when asked). They clearly thought I was lying, and/or wanted an excuse to search me and the car.
They ordered me to exit the car, frisked me, and put me in the back of their patrol car. Where again, I was asked for ID and I replied the same as above. I also reminded them I hadn't consented to any searches of any kind.
By this time, there were 5 cars and 10 cops on the scene. They were searching the interior of the car, and a bit later, they opened the trunk and searched that. One of the later arriving cops poked his head through the window and threatened me in an enraged manner, "if you don't change your attitude I'll have to deal with me" banging on the squad car window several times. I thought he was going to break it.
I know once they started searching the trunk I must be under arrest and not just being detained, so I refused any further questions (not that I said much before either.) Sure enough, about two minutes later, they put the cuffs on me (nice and tight, of course). Checking to see if the gun was loaded or not was one of the very last things they bothered to do, before they slapped on the cuffs.
I was taken to the station and booked; finger printed twice, and mug shots taken. I was released approximately 9 hours later. They had towed my car "for storage" and I was given release papers for the car, waving all department fees (but I still had to pay $190 for the tow yard fees). The arresting officer even drove me home himself, along with my gun and ammo! Don't know what to make of that.
On the ticket, I was sited for CVC 22350 (Basic Speed Law) and CVC 12951(a) (Possession of License); Both infractions.
I received papers (CHP form 180) today from the department in question stating my car had been towed and where I could pick it up (I already got it back the next day). It stated as reason for storage: CVC 22651(h) which states: (1) When an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
So, that's where I stand. So, it comes down to did the officer have cause for arrest? I still don't know under what statute I was arrested. When I went to the station for further information, all they said was that I was not arrested! If that's the case, then why was the car stored, as that is the stated reason.
I have 7 more days to request an informal hearing regarding the towing and storage of my car. If I win, I will be reimbursed the costs. If not, it's a $190 lesson to always keep and expired license or ID in the glove compartment at all times.
Could someone please let me know what the CPC or CVC that authorizes arrest in this situation. Also, could someone also let me know the Cal Supreme Court (?) case that struck down the ID card requirements, establishing simply stating Name and Address (and/or DOB?) as adequate identification when demanded by police.
After that, I'll look into further relief that I might be able to avail myself of. How was your Saturday?:?
Over the weekend, I was pulled over for speeding somewhere in the County of Los Angeles; it may or may not be an incorporated city. OK, no problem, I got caught in a speeding trap, I'll fight it later. I'm relaxed, but I know they will probably say something about the rifle.
When the offices approached, they started to talk to me, then noticed my .22 rifle in the back seat, and stopped mid-sentence. There attitude changed immediately. They made a statement about the rifle; I forget exactly what they said. I replied it was unloaded and I was carrying it legally.
They asked if I was going to be a problem, and asked for my license. I didn't have my license on me because I had lost it easier that day shooting out in the desert (don't ask me how, I still can't figure it out) and I said so. They asked me a couple more times for an ID of some type, and each time I said I lost it and gave them my name and address (and later even gave my SSN when asked). They clearly thought I was lying, and/or wanted an excuse to search me and the car.
They ordered me to exit the car, frisked me, and put me in the back of their patrol car. Where again, I was asked for ID and I replied the same as above. I also reminded them I hadn't consented to any searches of any kind.
By this time, there were 5 cars and 10 cops on the scene. They were searching the interior of the car, and a bit later, they opened the trunk and searched that. One of the later arriving cops poked his head through the window and threatened me in an enraged manner, "if you don't change your attitude I'll have to deal with me" banging on the squad car window several times. I thought he was going to break it.
I know once they started searching the trunk I must be under arrest and not just being detained, so I refused any further questions (not that I said much before either.) Sure enough, about two minutes later, they put the cuffs on me (nice and tight, of course). Checking to see if the gun was loaded or not was one of the very last things they bothered to do, before they slapped on the cuffs.
I was taken to the station and booked; finger printed twice, and mug shots taken. I was released approximately 9 hours later. They had towed my car "for storage" and I was given release papers for the car, waving all department fees (but I still had to pay $190 for the tow yard fees). The arresting officer even drove me home himself, along with my gun and ammo! Don't know what to make of that.
On the ticket, I was sited for CVC 22350 (Basic Speed Law) and CVC 12951(a) (Possession of License); Both infractions.
I received papers (CHP form 180) today from the department in question stating my car had been towed and where I could pick it up (I already got it back the next day). It stated as reason for storage: CVC 22651(h) which states: (1) When an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
So, that's where I stand. So, it comes down to did the officer have cause for arrest? I still don't know under what statute I was arrested. When I went to the station for further information, all they said was that I was not arrested! If that's the case, then why was the car stored, as that is the stated reason.
I have 7 more days to request an informal hearing regarding the towing and storage of my car. If I win, I will be reimbursed the costs. If not, it's a $190 lesson to always keep and expired license or ID in the glove compartment at all times.
Could someone please let me know what the CPC or CVC that authorizes arrest in this situation. Also, could someone also let me know the Cal Supreme Court (?) case that struck down the ID card requirements, establishing simply stating Name and Address (and/or DOB?) as adequate identification when demanded by police.
After that, I'll look into further relief that I might be able to avail myself of. How was your Saturday?:?