Need help finding a certain penal code section

[SteveH]

I was informed of a case where a local cop seized a long arm for safe keeping following a nightime traffic stop. The weapon was in the back seat in plain veiw and the ammo was in the drivers pocket. The officer correctly concluded there was no criminal violation, yet the weapon was seized for "safe keeping."

IIRC i saw a CPC section that expressly prohibited a peace officer from seizing a firearm for safekeeping absent a violation of law, DV incident or court order. Yet i couldnt find the section when leafing through the gigantic penal code last night.

Can anyone refer me to the right section? I found the section dealing with giving receipts, and the new section dealing with katrina like confiscations but i seem to rememebr something more specific.

[SteveH]

Anyone?

[pnkssbtz]

Here is every CA penal code

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codebody=&hits=20

[Ledbetter]

or go here:

http://www.leginfo.ca.gov/calaw.html

check "Penal Code" and search.

[pnkssbtz]

or go here:

http://www.leginfo.ca.gov/calaw.html

check "Penal Code" and search.

Um... that is the same link I posted, except mine goes straight to the penal codes...

[1911su16b870]

Where exactly did this happen? What did the leo write on the report or your receipt when he took the firearm?

[ohsmily]

Um... that is the same link I posted, except mine goes straight to the penal codes...

ZING! ;)

[MudCamper]

I was informed of a case where a local cop seized a long arm for safe keeping following a nightime traffic stop. The weapon was in the back seat in plain veiw and the ammo was in the drivers pocket. The officer correctly concluded there was no criminal violation, yet the weapon was seized for "safe keeping."

IIRC i saw a CPC section that expressly prohibited a peace officer from seizing a firearm for safekeeping absent a violation of law, DV incident or court order. Yet i couldnt find the section when leafing through the gigantic penal code last night.

Can anyone refer me to the right section? I found the section dealing with giving receipts, and the new section dealing with katrina like confiscations but i seem to rememebr something more specific.

Sounds illegal to me.

[jamesob]

if they were not arrested they cannot legally take it. safekeeping is if it was found or there was an arrest. at that there should have been a receipt given to the owner or the one in possesion,

[Fjold]

It's hard to find a code saying the police can't do something.

If you get one taken without getting a receipt. Immediately call 911 and report that your gun was taken by Officer Doe of XYZ department without an arrest and you want to report it.

[Liberty1]

Can anyone refer me to the right section? I found the section dealing with giving receipts, and the new section dealing with katrina like confiscations but i seem to rememebr something more specific.

here is an old one but I'm not familiar with the one your talking about

833. A peace officer may search for dangerous weapons any person
whom he has legal cause to arrest, whenever he has reasonable cause
to believe that the person possesses a dangerous weapon. If the
officer finds a dangerous weapon, he may take and keep it until the
completion of the questioning, when he shall either return it or
arrest the person. The arrest may be for the illegal possession of
the weapon.

[Ledbetter]

THe link posted by pnkssbtz isn't "searchable" by keyword.