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Old 10-10-2012, 3:18 PM
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Armed24-7 Armed24-7 is offline
Join Date: Sep 2012
Location: Orange County, CA
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Originally Posted by ak_in_ca View Post
Im a little worried by the other LEO's chiming in on this stating a legal authority to perform a non-consentual search on private party while engaged in lawful activity and threatening 148 for walking away. There was no crime committed leading up to the contact therefor it is a consentual encounter and the OP has no duty to comply with the deputies request. For 148 to occur the party must be legally detained for investigation or under arrest and as it was stated the Deputy can not be doing an E-Check on private property as the weapon is not in a public venue or roadway. Some of you need a search and seizure refresher course! No wonder so many people hate us! Im sure Im gonna get flamed for this comment so go ahead and flame on.

So to answer your question OP yes you were well within your rights and I would have done the same. Politefully decline and go about your business.

The OP did not say that the officer threatened to arrest him under 148. People who put a spin on things and distort the facts, then give a legal opinion based on those distorted facts, get other people who dont know any better into trouble.

According to the OP, the officer wanted to inspect his weapon(s) and had legal standing to do so. The OP never aid anything about searching him.

"If you expect logic associated with California law, it will only make your head hurt.." - Ron-Solo, 2013
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