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View Full Version : Big thank you to cal guns!! case dismissed!


phresh310
12-18-2012, 9:17 AM
I want to thank cal guns for helping me and representing my case. I was charged with concealed carry of a firearm on October 6,2012. I lawfully transported my firearm in a locked container unloaded and I was still detained and my property was taken. Cal gun lawyer Jason Davis got my case dismissed. Biggest relief ever. I don't know how to thank cal guns more for this. I will be a life member and contribute as much as I can. Thank you cal guns you guys are the best and thank you Jason Davis!!

kaligaran
12-18-2012, 9:19 AM
WIN!

Thanks for sharing!

L4D
12-18-2012, 9:21 AM
That's awesome.

Details? Car, truck? Trunk, glove box? loaded mag in the same container? Ignorant cop?

Dantedamean
12-18-2012, 9:21 AM
Awesome, good to hear.

xDIEGOx
12-18-2012, 9:23 AM
Great to hear. More details?

SanPedroShooter
12-18-2012, 9:25 AM
Details would very helpful to the rest of the community.

Congratulations.

phresh310
12-18-2012, 9:26 AM
Got pulled over.. illegal search and seizure.. firearm unloaded and in a locked container.. cop thought because the mags were loaded and the gun was easily accessible that it ess illegal..

Doheny
12-18-2012, 9:28 AM
Were the mags in the same container? Did he ask to search or just go for it?

hornswaggled
12-18-2012, 9:28 AM
Congrats man, hopefully that cop takes it as a learning experience and helps his department understand the law.

wicked liquid
12-18-2012, 9:29 AM
Congrats!

Stonewalker
12-18-2012, 9:29 AM
This is one of three reasons I donate to CGF.

1) They kick *** in CA courts

2) They help CA gun owners charged with bogus crimes

3) They are helping to bring in the new generation of gun owners (myself included)

Very happy to hear that you got out of that mess. What a screwed up system - to charge a person who was literally following the letter of the law... Anyways, glad to hear this. I'll be donating to CGF soon!

bbogert
12-18-2012, 9:29 AM
Congrats, WTG CGF! :hurray:

phresh310
12-18-2012, 9:30 AM
Yes mags were in the same container.. he just went for the search without consent.. pulled me out the car for a traffic stop? Lol yea right..

CitaDeL
12-18-2012, 9:30 AM
Bazinga!

Any word on an effort to educate the officer and agency involved?

knerona
12-18-2012, 9:32 AM
Great stuff!! Go Calguns and CGF!

phresh310
12-18-2012, 9:33 AM
As far as officer training goes I don't know guys..

Stonewalker
12-18-2012, 9:33 AM
Got pulled over.. illegal search and seizure.. firearm unloaded and in a locked container.. cop thought because the mags were loaded and the gun was easily accessible that it ess illegal..

Ok, I can understand an officer being less-than adequately knowledgeable about CA gun laws. It's not excusable, but I can understand it. Are you telling me that your case was actually picked up by a prosecutor - and they ****ing threw BS charges at you hoping you wouldn't fight them???? If so, that's downright evil. That's tyranny and oppressive government. God, I don't know why I'd even be surprised. But honestly I'm still surprised everytime something like this happens.

Anyways, before I get my panties in a bunch, are you telling me that you got charged with crimes by a prosecutor - who very likely knew that said charges were not lawful?

robcoe
12-18-2012, 9:36 AM
Congrats man, hopefully that cop takes it as a learning experience is fired and helps his department takes it as a warning to understand and follow the law.

I don't think any of this crap will stop happening until the offending officers are made example of, if they know that all that happens is 1 out of 100 times they get some "training" they will keep up BS like that.

jonc
12-18-2012, 9:38 AM
NICE!!!!

winnre
12-18-2012, 9:39 AM
Sue the dept and give the $ to CGF!

phresh310
12-18-2012, 9:40 AM
Yes prosecutor tried to pick up charges buy Jason Davis stopped them real quick. Shut the DA up! Lol

223556
12-18-2012, 9:41 AM
Thank you Calguns! Glad to hear this.

IrishPirate
12-18-2012, 9:41 AM
good stuff man, glad to hear things went well! CGF FTW!!!!!!!

fvrr
12-18-2012, 9:41 AM
Nice to hear. Now I'll need to get off my butt and send in my $$.

Sent from my SPH-D710 using Tapatalk 2

em9sredbeam
12-18-2012, 9:42 AM
Glad to hear everything worked out.

Doheny
12-18-2012, 9:43 AM
Yes mags were in the same container.. he just went for the search without consent.. pulled me out the car for a traffic stop? Lol yea right..

Tell us what happened when he came accross the locked container; did he ask for/demand the key or combo?

jonc
12-18-2012, 9:43 AM
guys have Jason Davis contact info?

just in case!!!! :eek:

HapaMan
12-18-2012, 9:44 AM
Please educate me. If the gun was in a locked container, why did you have to open the container? Or, did they open it themselves?

If you haven't done anything wrong, I don't think you need to open the locked container at all, do you? Especially if there is no probable cause for you having done anything wrong. Just curious.

phresh310
12-18-2012, 9:45 AM
When he came across the container he demanded the combination to see the guns. Had I known a little more I wouldn't have let him open it I would have just called a lawyer..

Mr.1904
12-18-2012, 9:46 AM
Congrats bud. Good to hear. I can imagine it's a weight lifted off your shoulders

stix213
12-18-2012, 9:46 AM
What police department?

This is why I donate. End the tyranny.

BBJohnnyT
12-18-2012, 9:46 AM
Sue the dept and give the $ to CGF!

Exactly. Now is the time to sue the crap out of that department and make them pay. If you financially hurt them, maybe they'll spend more time educating their officers in legal procedures. Then it'll be less likely to happen again.

winnre
12-18-2012, 9:47 AM
When he came across the container he demanded the combination to see the guns. Had I known a little more I wouldn't have let him open it I would have just called a lawyer..

I think CalGuns has stickers you can put on the case saying you do not consent to a search.

phresh310
12-18-2012, 9:48 AM
Los Angeles sheriffs south west division. I would love to sue and donate.

Spelunker
12-18-2012, 9:48 AM
Whats the name of this cop? You should out him so the rest of us know what to do when this guy shows up. What dept did he work for?

ummmmmm456
12-18-2012, 9:48 AM
did you have to pay anything in fines or anything, were you compensated for the hassle of having to go to court?

HapaMan
12-18-2012, 9:50 AM
When he came across the container he demanded the combination to see the guns. Had I known a little more I wouldn't have let him open it I would have just called a lawyer..

Ahhh, thanks for the clarification phresh310.

I think CalGuns has stickers you can put on the case saying you do not consent to a search.

Yeah, I have one of those Calguns baggage tags on my range bag. They're nice, and crystal clear in their message. Really nicely done.

phresh310
12-18-2012, 9:51 AM
I forgot his name it's all in the report.. as soon as I get the copy I will let you guys know. No I didn't get any fines or anything..

engi
12-18-2012, 9:51 AM
Nice! Congrats on the win.

DavidJacob
12-18-2012, 9:53 AM
Got pulled over.. illegal search and seizure.. firearm unloaded and in a locked container.. cop thought because the mags were loaded and the gun was easily accessible that it ess illegal..

Congrats, though I wonder how many people are sitting in jail now over this. The officer and the DA seemed confident enough to build a case against you, so it must have not been the first time.

MigNoche
12-18-2012, 9:55 AM
End the tyranny.

+1,000,000 :oji:

ummmmmm456
12-18-2012, 9:56 AM
cool man, congrats. as long as nothing was damaged, you walked away a free man and not something for the media to deem a monster. thanks calguns.

OleCuss
12-18-2012, 9:56 AM
I don't think I'd give out the officer's name unless and until you've thought about it long and hard.

If you are thinking about suing to make them fix the situation this just might be an unwanted complication.

It is also possible that the officer might take legal action against you (I rather doubt that).

I'd call Jason Davis before you put that officer's name into a public forum. He might say to go for it - or he might not.

Casual_Shooter
12-18-2012, 9:57 AM
Jason Davis
CalGunLawyers.com

See if he still has any of his business cards available. They come with a small tear-out section you hand to an officer which notifies them you do not consent to search (with the added benefit of them holding evidence of such notification).

L4D
12-18-2012, 9:58 AM
how long were you detained?

phresh310
12-18-2012, 10:01 AM
Ok I'll ask him first lol.. I was destined for only a night.

spetsnaz
12-18-2012, 10:02 AM
congrats on the win that's why be we donate

HapaMan
12-18-2012, 10:06 AM
Jason Davis is now in my contact list.

Montu
12-18-2012, 10:07 AM
those business cards are great, I keep one in my wallet, night stand and safe

phresh310
12-18-2012, 10:10 AM
Detained not destined lol

pauliedweasel
12-18-2012, 10:12 AM
My son is an LA County Sheriffs deputy as well as a member of Cal Guns and he has told me that as well as some real gun buffs there are a lot of truly ignorant Deps out there. So take phresh310s experience to heart, be careful and know your rights. Los Angeles sheriffs south west division. I would love to sue and donate.

RamonSJC
12-18-2012, 10:17 AM
Awesome! As for me I always follow the law, and carry his business card in my wallet :P

strokesdmb
12-18-2012, 10:20 AM
Awesome news

curtisfong
12-18-2012, 10:31 AM
Awesome news. Please sue.

Calzona
12-18-2012, 10:42 AM
Awesome news. Please sue.

Can you really sue for something like this? I mean... Yes his rights were infringed, but the monetary value applied to the infringement can't possibly be worth much.

If you sue it's gotta matter. A few hundred, even a few thousand dollars just doesn't matter in the court system.

mikestesting
12-18-2012, 10:42 AM
I think CalGuns has stickers you can put on the case saying you do not consent to a search.

Where can I find those?

HapaMan
12-18-2012, 10:44 AM
Where can I find those?

http://calguns-advertising.net/store/catalog/

FYI, I don't see any stickers with the warning message, only on the "Calguns Gun Case Tag", which I bought awhile back.

FastFinger
12-18-2012, 10:46 AM
I want to thank cal guns for helping me and representing my case. I was charged with concealed carry of a firearm on October 6,2012. I lawfully transported my firearm in a locked container unloaded and I was still detained and my property was taken. Cal gun lawyer Jason Davis got my case dismissed. Biggest relief ever. I don't know how to thank cal guns more for this. I will be a life member and contribute as much as I can. Thank you cal guns you guys are the best and thank you Jason Davis!!


Details would very helpful to the rest of the community.
Got pulled over.. illegal search and seizure.. firearm unloaded and in a locked container.. cop thought because the mags were loaded and the gun was easily accessible that it ess illegal..

Were the mags in the same container? Did he ask to search or just go for it?
Yes mags were in the same container.. he just went for the search without consent.. pulled me out the car for a traffic stop? Lol yea right..

...prosecutor tried to pick up charges buy Jason Davis stopped them real quick. Shut the DA up! Lol

When he came across the container he demanded the combination to see the guns. Had I known a little more I wouldn't have let him open it I would have just called a lawyer..

Los Angeles sheriffs south west division. I would love to sue and donate.

I forgot his name it's all in the report.. as soon as I get the copy I will let you guys know. No I didn't get any fines or anything..
Ok I'll ask him first lol.. I was destined for only a night. ...Detained not destined lol

I will say this... If you had gone to trial, and taken the stand, you sure would have made any questioner work for his money!

Did you get your gun(s) back already?

stix213
12-18-2012, 10:47 AM
Were you actually arrested, or was this a catch and release?

There was that open carrier down in San Diego if I remember that got like $30k for his false arrest.

VAReact
12-18-2012, 11:09 AM
Ok, I can understand an officer being less-than adequately knowledgeable about CA gun laws. It's not excusable, but I can understand it. Are you telling me that your case was actually picked up by a prosecutor - and they ****ing threw BS charges at you hoping you wouldn't fight them???? If so, that's downright evil. That's tyranny and oppressive government. God, I don't know why I'd even be surprised. But honestly I'm still surprised everytime something like this happens.

Anyways, before I get my panties in a bunch, are you telling me that you got charged with crimes by a prosecutor - who very likely knew that said charges were not lawful?

This is infuriating...sounds about right.

Also, please do file a lawsuit. If only to educate LASD. Inexcusable.

phresh310
12-18-2012, 11:14 AM
I have not got my guns back yet I had to wait for this to get dismissed to fill out a law enforcement gun release application..

kcjr1125
12-18-2012, 11:25 AM
Awesome deal!

chillincody
12-18-2012, 11:26 AM
HEll yea Calguns 2 thumbs way up

heedless619
12-18-2012, 11:34 AM
:jump:

Stonewalker
12-18-2012, 11:34 AM
This is infuriating...sounds about right.

Also, please do file a lawsuit. If only to educate LASD. Inexcusable.

I have not got my guns back yet I had to wait for this to get dismissed to fill out a law enforcement gun release application..

Seriously, this sounds like discrimination, in the legal (aka rectifiable) sense. I'm not a lawyer, but isn't this textbook corruption under "color of law"?

And you don't even have you guns back yet! Good god! If a legal eagle around here thinks it prudent, I would absolutely pony up and donate some cash to a potential lawsuit.

myk
12-18-2012, 11:35 AM
I think I remember commenting on that thread before it was deleted, for legal reasons. Congratulations!

JJ_
12-18-2012, 11:40 AM
I have not got my guns back yet I had to wait for this to get dismissed to fill out a law enforcement gun release application..

Ah, the infamous Gun Release Application to the DOJ. I'd request they wave this requirement or at least the application fee ($20.00 i believe) based on the circumstances of improper seizure. Of course you'll still have to make an appointment to pick up your weapons (time off from work). Also, note, its only valid for 30 days from the date on the release letter not date received. So time is critical to arranging the recovery or you can start the process all over.

mag360
12-18-2012, 11:44 AM
what scumbaggery we have in this state. Sorry to hear about your run in with LASD. Glad I donate to CGF, Calguns FOUNDATION (not calguns.net). Take it right out of my paycheck at work through our annual charity drive.

notme92069
12-18-2012, 11:49 AM
I don't think I'd give out the officer's name unless and until you've thought about it long and hard.

If you are thinking about suing to make them fix the situation this just might be an unwanted complication.

It is also possible that the officer might take legal action against you (I rather doubt that).

I'd call Jason Davis before you put that officer's name into a public forum. He might say to go for it - or he might not.

I would agree. He obviously wasn't properly trained in the law. That is his department's responsibility. I know the arrest felt personal. But don't make it personal with the officer. There is no benefit to that.

NoJoke
12-18-2012, 11:57 AM
I was detained for only a night.

UNREAL!
Legally carrying - pulled out of your car then detained?
WOW.

Thanks CalGuns! Thanks Jason Davis!

cvc04
12-18-2012, 11:59 AM
Congrats FTW!

Decoligny
12-18-2012, 12:16 PM
Ah, the infamous Gun Release Application to the DOJ. I'd request they wave this requirement or at least the application fee ($20.00 i believe) based on the circumstances of improper seizure. Of course you'll still have to make an appointment to pick up your weapons (time off from work). Also, note, its only valid for 30 days from the date on the release letter not date received. So time is critical to arranging the recovery or you can start the process all over.

Unfortunately the Penal Code requires the LEGR whenever the police have taken possession of a firearm.

Even if there was no "major" lawsuit, I would take the LEO to small claims court for the cost of the LEGR.

USMC169
12-18-2012, 12:25 PM
This guy got $400,000 for 4 hours in jail for a wrongful arrest. You might get a lot more for an overnight stay.

http://www.calguns.net/calgunforum/showthread.php?t=656290&highlight=possum

Oceanbob
12-18-2012, 1:28 PM
I am so glad everything worked out.!

I wish you were more articulate and could have explained more in your initial post. Playing 20 questions can be a drag.

Before you can SUE a pubic entity you must first File a Claim on their form; have that Claim turned down and then proceed with a Civil Action.

Best to get an attorney who knows before proceeding.

Spending a night in jail (I assume) is also actionable.

Get an attorney on this.

ptroxx
12-18-2012, 1:57 PM
What kind of car were you driving ? ? did he see your gun case ?? was it a truck.. ? ?



http://calguns-advertising.net/store/catalog/

FYI, I don't see any stickers with the warning message, only on the "Calguns Gun Case Tag", which I bought awhile back.



I just ordered the last one... But I asked when they will have more as I want a bunch more.. one for each rifle bag..

patrickstarfish
12-18-2012, 2:00 PM
It is unfortunate how some LEOs go beyond boundaries, and take advantage of the less informed. Horrible tactics.

I am happy for you man! I will contribute as soon as I finish my Christmas list.

Uxi
12-18-2012, 2:55 PM
I don't think any of this crap will stop happening until the offending officers are made example of, if they know that all that happens is 1 out of 100 times they get some "training" they will keep up BS like that.

Or their agency is forced into a large payout. Hope the OP is pursuing further action.


Definitely would like some more details about the circumstances.

Drivedabizness
12-18-2012, 3:22 PM
Do you still have an arrest record ?

aermotor
12-18-2012, 3:26 PM
Thank god for Calguns!

tymar
12-18-2012, 3:37 PM
Congratulations!

Donation to CGF is on its way!

phresh310
12-18-2012, 3:44 PM
I was in a dodge charger. Guns weren't even visible they were on the floorboards of the car in a gun vault.. I want to pursue further action. Just waiting on Jason Davis to let Me know what's going to happen..

Paul S
12-18-2012, 3:47 PM
Do you still have an arrest record ?

Yes...since the D.A. opted to file charges and take the matter to court the record of the arrest and charges will make it into the California Criminal Information & Identification CI&I) data base maintained by the Calif. D.O.J. The dismissal should also be recorded in CI&I but in my experience it often does not make it into the database.

Unless this information is expunged (a return to court and a court order is necessary to do so) the OP will probably get grief on any gun purchase
he tries to make in the future.

darksands
12-18-2012, 3:49 PM
Go to the watch captain and file a formal complaint on the officer. Formal complaints go to IA and he may get desk duty for a while.

Xingu
12-18-2012, 3:53 PM
Did your firearm get returned to you?

psssniper
12-18-2012, 4:01 PM
Jason Davis??

I hear he plays a mean ukulele :D

ptroxx
12-18-2012, 4:25 PM
Did your firearm get returned to you?

You must not have read this thread

decepticon6551
12-18-2012, 5:22 PM
:party::party::party:
GO CGF!!!!!




I think I remember commenting on that thread before it was deleted, for legal reasons. Congratulations!
Yes you did, I remember that thread before it got nuked too.

Happy to see everything worked out OP

nukechaser
12-18-2012, 5:23 PM
*THIS* is why I have my bank's "bill pay" cut a check to the CalGuns Foundation EVERY month.

It goes out on the first and I know that in a small part I am doing what I can to help folks like the OP and all of us.

p.s.- I gave up "drive thru" coffee to offset the cost in my budget. My home-brewed java never tasted so good as it did today after reading this thread. :D

phresh310
12-18-2012, 5:36 PM
I was told after 2 years the record gets destroyed..

gunsandrockets
12-18-2012, 6:23 PM
I was in a dodge charger. Guns weren't even visible they were on the floorboards of the car in a gun vault.. I want to pursue further action. Just waiting on Jason Davis to let Me know what's going to happen..

No mercy and no quarter!

:36:

dieselpower
12-18-2012, 6:23 PM
I was told after 2 years the record gets destroyed..

who told you this?

Sniper3142
12-18-2012, 6:25 PM
Great to hear things worked out better than they might have thanks to CalGuns and some great lawyers.

I wish I could say this incident surprised me but it doesn't. :mad:

It sure seems like police in this state have been given orders to make things as hard as possible for gun owners. It seems they will bend or break any actual law in their attempt to trample our 2A rights. DAs seem to also be doing their part in this endeavour. It looks like they will file charges for laws that don't exist and refuse to dismiss bogus arrests.

The darn near absolute immunity police, DAs, and Judges enjoy in this state makes it damn near impossible to recoup financial losses or any other injustices done to a citizen by these thugs abusing their positions. It also serves embolden them to continue their attack on our rights.

And I just don't see things getting better before they get a whole lot worse. :(

phresh310
12-18-2012, 6:45 PM
Jason David told me something about in 2 years my case gets destroyed.. I really don't remember I was way to happy my case got dismissed lol..

winnre
12-18-2012, 6:59 PM
Jason David told me something about in 2 years my case gets destroyed.. I really don't remember I was way to happy my case got dismissed lol..

GET COPIES. Because if something is dismissed, and the in 20 years you need a copy for some reason, you do not want to be going back to the court. Just get copies, scan them, email them to yourself, and relax.

I had a legal issue in 1984 and needed paperwork on it in 2010, not easy!

Apocalypsenerd
12-18-2012, 7:07 PM
You should probably discuss civil action against the department in question with a lawyer. Don't discuss it here, though.

chiselchst
12-18-2012, 7:09 PM
I will say this... If you had gone to trial, and taken the stand, you sure would have made any questioner work for his money!

:rofl2: Now THAT is funny...

Congrats! :thumbsup:

In cases like these - does the other side have to reimburse the legal fees? I would hope so (even know it wouldn't matter).

jeffxbr
12-18-2012, 7:14 PM
What city did this happen in? LASD ars bullys! Sheriffs in lawndale pulled out of the car and sat me in the back seat of his locked car because I was honest about having guns in lock containers, he was about to search the car without consent. A foot chase was broadcast on the radio.. The deputy ran back to the car and let me go... I made a formal complaint with the LT in charge the next day..from now on I carry a handful of covert cameras now

G-Man WC
12-18-2012, 7:16 PM
Were you followed or profiled coming out from a range?
-g

phresh310
12-18-2012, 7:19 PM
I will definitely get copies of everything.. umm yea it was lawndale sheriff's that did this to me too lol.. umm no I wasn't followed. Supposedly it was a traffic stop..

Jet Setter
12-18-2012, 7:22 PM
Congrats. That is a big win. CGF is fantastic.

only10x
12-18-2012, 7:37 PM
i love happy endings.
congrats

Gunlawyer
12-18-2012, 7:46 PM
Yes mags were in the same container.. he just went for the search without consent.. pulled me out the car for a traffic stop? Lol yea right..


How the hell did he open the locked container without consent?

Glad to hear it worked out or you. Take Mr. Davis advice I bet he said STFU about too many details. lol

bwiese
12-18-2012, 7:49 PM
How the hell did he open the locked container without consent?

Glad to hear it worked out or you. Take Mr. Davis advice I bet he said STFU about too many details. lol

<BSEG>

livinofframen
12-18-2012, 7:56 PM
Yes...since the D.A. opted to file charges and take the matter to court the record of the arrest and charges will make it into the California Criminal Information & Identification CI&I) data base maintained by the Calif. D.O.J. The dismissal should also be recorded in CI&I but in my experience it often does not make it into the database.

Unless this information is expunged (a return to court and a court order is necessary to do so) the OP will probably get grief on any gun purchase
he tries to make in the future.

It is not an expungement he should seek as he was never convicted of anything. If he was wrongfully arrested and never convicted of a crime (he wasn't, as his charges were dismissed), he should absolutely file for a Declaration of Factual Innocence pursuant to CA Penal Code 851.8. This is the one and only legal "silver bullet" so to speak. If this is granted, the local PD, DOJ and FBI must delete his arrest records and make his record appear such that this never happened. It's beautiful, really.

huntercf
12-18-2012, 8:01 PM
It's nice to hear stories like this, congrats. Just another testament of NOT speaking to police when they pull you over.

five.five-six
12-18-2012, 8:03 PM
:party:

jeffxbr
12-18-2012, 8:09 PM
Wow! Lawndale again.
Deputy Morales pulled me over without telling me why. I hope it was the same deputy.

gesundheit
12-18-2012, 10:21 PM
Ok, I can understand an officer being less-than adequately knowledgeable about CA gun laws. It's not excusable, but I can understand it. Are you telling me that your case was actually picked up by a prosecutor - and they ****ing threw BS charges at you hoping you wouldn't fight them???? If so, that's downright evil. That's tyranny and oppressive government. God, I don't know why I'd even be surprised. But honestly I'm still surprised everytime something like this happens.

Anyways, before I get my panties in a bunch, are you telling me that you got charged with crimes by a prosecutor - who very likely knew that said charges were not lawful?

This happens *everyday* in local courts. The DA are exempted from prosecution, they know that even if they abuse the system there is almost no repurcussions to their actions.

Warhawk014
12-19-2012, 12:00 AM
sue the dept. get paid and turn around and invest it into the freedom group. i hear it might be for sale soon.