View Single Post
Old 10-10-2012, 3:54 PM
castelle's Avatar
castelle castelle is offline
Junior Member
Join Date: May 2010
Location: San Diego
Posts: 96
iTrader: 2 / 100%

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. I've got, yep - arrestable (I must have been lucky that day) and NO, well within rights to treat as a consentual encounter and I ended it by walking away. I'm not up to date on search and seizure law but I'm confused - some of our LEO are saying hook and book and others are saying nope, no crime, no suspicion of crime and therefore no possibility of performing a search persuant to the E check, is that about right?
Reply With Quote