Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > Calguns LEOs
Register FAQ Members List Calendar Mark Forums Read

Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

Closed Thread
 
Thread Tools Display Modes
  #1  
Old 09-22-2012, 2:30 AM
HBsurvivalist HBsurvivalist is offline
Junior Member
 
Join Date: Sep 2012
Posts: 4
iTrader: 0 / 0%
Default Arrested for Nunchaku: How serious is this?

Hi Gentlemen/Ladies,

I was recently arrested for the possession of "nunchaku" or nunchucks and solely for that. I was relaxing in my car under a tree in a dead-end neighborhood (a lot of people walk by, bike, etc.) when some Sheriff officers rolling by decided to stop and talk to me. They asked me if I had any weapons or anything dangerous, and I told them, "no." They proceeded to ask if they may search my vehicle to which I replied, "yes." The did not find anything inside the car. However, when they looked through my trunk they found the pair nunchaku and placed me under arrest for possession.
They asked me what I had them for, to which I told them, "I used them a long time ago for a skit in a High School video project/assignment." (Which I really REALLY did!) I was later told that under California law nunchaku are illegal and is a felony?! I was transported to my county jail in which I went through Intake and was Released under my own recognizance(?).

So my main question as per the title is, how serious is this? To be honest, as soon as I heard the word, "Felony," my heart wrenches in fear. I am really scared about this...... Is all I can do tell the story again (the truth!) and hope the DA will dismiss the charge? I am set for arraignment on the morning of this coming Tuesday, September 25th.

To introduce myself, I am currently employed nearly full time, and I also am a full time college student. I know its hard to tell through the internet, but hopefully my proper grammar and sentence structure is enough to convince you all that I am a good kid. If anyone has some advice, please do share.

Please help!
K

EDIT:

Forgot to add another important pieces of information:

- The nunchucks were not originally mine, they were a friends (from high school!), I still have contact with this friend

Last edited by HBsurvivalist; 09-22-2012 at 12:44 PM..
  #2  
Old 09-22-2012, 2:36 AM
Hoshnasi's Avatar
Hoshnasi Hoshnasi is offline
Veteran Member
 
Join Date: Nov 2010
Posts: 2,731
iTrader: 2 / 100%
Default

No telling how much you said to the police. Hard to say how bad this could go. Lawyer up and do it now.
  #3  
Old 09-22-2012, 2:54 AM
safewaysecurity's Avatar
safewaysecurity safewaysecurity is offline
Calguns Addict
 
Join Date: Jun 2010
Location: Contra Costa County
Posts: 6,181
iTrader: 5 / 100%
Default

This is why you NEVER let cops search your car even if you think "you have nothing to hide" there are a lot of dumb laws on the books and you can't possibly know all of them. You also shouldn't have responded when they asked you what you had them for. You just tell them that you want a lawyer and that's it. Yes this is SERIOUS. It's a felony and if you have any guns and you get convicted they all have to go bye-bye. Luckily for you, there is a case involving nunchucks claiming that they are arms protected under the Second Amendment. If the DA is an A-hole and decided to prosecute you then that would probably be your best defense. I'm guessing the DA is just going to be a lazy ***** a-hole who will probably offer some sort of plea bargain deal.

Let us know how it goes. It sucks you got arrested for this dumb law.
__________________

"Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater

“Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford

Quote:
Originally Posted by cudakidd View Post
I want Blood for Oil. Heck I want Blood for Oil over hand wringing sentiment!
^
  #4  
Old 09-22-2012, 3:02 AM
Rockit's Avatar
Rockit Rockit is offline
Senior Member
 
Join Date: Dec 2007
Posts: 1,287
iTrader: 4 / 100%
Default

Lawyer. Sooner than later.
In reality the DA probably won't file (at least in my county), but best to be prepared.
Do you have any sort of record involving violence?
  #5  
Old 09-22-2012, 3:03 AM
HBsurvivalist HBsurvivalist is offline
Junior Member
 
Join Date: Sep 2012
Posts: 4
iTrader: 0 / 0%
Default

Quote:
Originally Posted by safewaysecurity View Post
This is why you NEVER let cops search your car even if you think "you have nothing to hide" there are a lot of dumb laws on the books and you can't possibly know all of them. You also shouldn't have responded when they asked you what you had them for. You just tell them that you want a lawyer and that's it. Yes this is SERIOUS. It's a felony and if you have any guns and you get convicted they all have to go bye-bye. Luckily for you, there is a case involving nunchucks claiming that they are arms protected under the Second Amendment. If the DA is an A-hole and decided to prosecute you then that would probably be your best defense. I'm guessing the DA is just going to be a lazy ***** a-hole who will probably offer some sort of plea bargain deal.

Let us know how it goes. It sucks you got arrested for this dumb law.
So what happens if I respond, "no" to a search question? Don't I waive some certain privileges?
  #6  
Old 09-22-2012, 3:10 AM
Rockit's Avatar
Rockit Rockit is offline
Senior Member
 
Join Date: Dec 2007
Posts: 1,287
iTrader: 4 / 100%
Default

Quote:
Originally Posted by HBsurvivalist View Post
So what happens if I respond, "no" to a search question? Don't I waive some certain privileges?
Nope. Tell me no and one of two things are gonna happen. I search anyway because I have already established PC, or we part ways.
Where did this occur?
  #7  
Old 09-22-2012, 4:17 AM
durandal's Avatar
durandal durandal is offline
Senior Member
 
Join Date: Jun 2012
Location: SF Bay
Posts: 1,461
iTrader: 24 / 96%
Default

Personally i think Its a racist law:

nunchucks, kubotan (palm stick), shuriken (ninja star), chain whip, three section staff, tonfa (night stick), balisong (butterfly knife) and karambit are all prohibited under the same law.
__________________
---
WTB: old cz75 with round trigger guard & spur hammer, sf bay

Last edited by Turbinator; 09-23-2012 at 1:23 AM.. Reason: Not needed now.
  #8  
Old 09-22-2012, 8:45 AM
DEPUTYBILL DEPUTYBILL is offline
Senior Member
 
Join Date: Mar 2007
Location: LODI,CA.
Posts: 732
iTrader: 1 / 100%
Default

Get a lawyer. Say no more on this or any forum. In the area I live in,the DA takes into account,your past criminal history(if any),gang related(if any),circumstances of the stop/detention. Good luck.
  #9  
Old 09-22-2012, 8:47 AM
Baconator's Avatar
Baconator Baconator is offline
Bacon makes it better
CGN Contributor - Lifetime
 
Join Date: Jan 2009
Location: Riverside County
Posts: 9,397
iTrader: 58 / 100%
Default

You are supposed to roll up your window and play "**** tha Police" really loud on your stereo while holding up your copy of the Constitution.

At least that's how I do it.
  #10  
Old 09-22-2012, 9:03 AM
wilit's Avatar
wilit wilit is offline
Veteran Member
 
Join Date: Dec 2005
Location: 37.78514° North 122.40100° West
Posts: 4,977
iTrader: 39 / 100%
Default

On the serious scale, I'd rate this at extremely serious. You need a lawyer.
__________________
"If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr.
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin
"You have to be willing to swing your nuts like a deadblow hammer to put these jackasses in their place." - AJAX22
"The best defense against usurpatory government is an assertive citizenry." - William F Buckley Jr.
  #11  
Old 09-22-2012, 9:55 AM
Jazeronthelaser's Avatar
Jazeronthelaser Jazeronthelaser is offline
Member
 
Join Date: Apr 2012
Location: Corona, Ca
Posts: 237
iTrader: 0 / 0%
Default

You should've just been polite and said "Sorry officer. I do n
  #12  
Old 09-22-2012, 9:58 AM
Jazeronthelaser's Avatar
Jazeronthelaser Jazeronthelaser is offline
Member
 
Join Date: Apr 2012
Location: Corona, Ca
Posts: 237
iTrader: 0 / 0%
Default

Continued...(whoops) "I do Not consent to unwarranted searches." What were you doing wrong? Nothing right? You have rights. Assert them.
  #13  
Old 09-22-2012, 10:02 AM
bill_k_lopez bill_k_lopez is offline
Banned
 
Join Date: May 2011
Location: Long Beach
Posts: 2,839
iTrader: 20 / 95%
Default

OP, how old are you? Just would like to know.
  #14  
Old 09-22-2012, 11:06 AM
Full Clip's Avatar
Full Clip Full Clip is offline
Calguns Addict
 
Join Date: Dec 2006
Location: Playa Vista, CA
Posts: 9,289
iTrader: 39 / 100%
Default

"This is why you NEVER let cops search your car even if you think "you have nothing to hide"...

Exactly, and I'm sorry the OP is learning this the very hard way.
__________________
“Political tags — such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth — are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire.” — Robert A. Heinlein

“It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds” — Samuel Adams
  #15  
Old 09-22-2012, 11:14 AM
joash's Avatar
joash joash is offline
Senior Member
 
Join Date: Dec 2011
Location: Elephant Island, Antarctica
Posts: 702
iTrader: 18 / 100%
Default

Should have said "whoa! I knew I shouldn't have loaned my car to Bruce Lee."
  #16  
Old 09-22-2012, 11:16 AM
ElDub1950's Avatar
ElDub1950 ElDub1950 is online now
Calguns Addict
 
Join Date: Aug 2012
Location: El Dorado County
Posts: 5,252
iTrader: 9 / 100%
Blog Entries: 1
Default

The best advice above it to not say anything else here (or anywhere) and lawyer-up.

There are to many unknowns to even guess how this will go. Mainly depends on how big a dick your DA is, the city/neighborhood it happened in, and especially your history.
  #17  
Old 09-22-2012, 11:22 AM
Outta Control's Avatar
Outta Control Outta Control is offline
Senior Member
CGN Contributor
 
Join Date: Dec 2010
Location: San Jose, CA
Posts: 2,379
iTrader: 1 / 100%
Default

Like some stated, Lawyer UP Asap. I would have to guess that if you have a clean record the least you will get is a Misdemeanor but of course it depends on your past record.
__________________
Backyard Flicks Outdoor Cinema


"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."
George Orwell
  #18  
Old 09-22-2012, 11:33 AM
keenkeen keenkeen is offline
Calguns Addict
 
Join Date: May 2011
Posts: 6,761
iTrader: 12 / 100%
Default

Quote:
Originally Posted by HBsurvivalist View Post
Forgot to add other important pieces of information:

- The nunchucks were not originally mine, they were a friends (from high school!), I still have contact with this friend too.
- The nunchucks were also serverely beat up from rolling around in my trunk for 2 years! (Perhaps I can request the evidence to be shown?)
Yeah, that will be good. Try to prove in court that you have been committing a crime continuously for 2 years...that will be a heck of a defense.

Seriously, show up on 9/25 and plead not guilty if it comes to that. Then get a lawyer once you know what you have been charged with.
__________________
Quote:
"But far more numerous was the herd of such, Who think too little and who talk too much." -John Dryden
  #19  
Old 09-22-2012, 11:48 AM
HBsurvivalist HBsurvivalist is offline
Junior Member
 
Join Date: Sep 2012
Posts: 4
iTrader: 0 / 0%
Default

Quote:
Originally Posted by keenkeen View Post
Yeah, that will be good. Try to prove in court that you have been committing a crime continuously for 2 years...that will be a heck of a defense.

Seriously, show up on 9/25 and plead not guilty if it comes to that. Then get a lawyer once you know what you have been charged with.

Thank you for the insight/advice. I knew that hiring a lawyer was a matter of time, but this makes it more clear. I will definitely show up to court on my date and will follow through. So I would plead not guilty, then would I be able to ask for a time extension on the grounds that I am looking for legal representation?

Does anyone have any recommendations for legal representation? I have so far gotten one(1) PM only, would like to have a few more lawyers ready on hand.

And for those who are wondering: I am 20 years old, no previous violent crime history. This happened in Huntington Beach.
  #20  
Old 09-22-2012, 11:52 AM
ramathorn's Avatar
ramathorn ramathorn is offline
Senior Member
 
Join Date: Oct 2010
Location: Sacramento, Ca
Posts: 1,571
iTrader: 21 / 100%
Default

Nunchucks are for ninjas. Are you a ninja?
  #21  
Old 09-22-2012, 11:59 AM
socal147's Avatar
socal147 socal147 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Sep 2011
Posts: 954
iTrader: 30 / 100%
Default

Silence.

Lawyer.

End of rant.
__________________
  #22  
Old 09-22-2012, 12:01 PM
keenkeen keenkeen is offline
Calguns Addict
 
Join Date: May 2011
Posts: 6,761
iTrader: 12 / 100%
Default

Quote:
Originally Posted by HBsurvivalist View Post
Thank you for the insight/advice. I knew that hiring a lawyer was a matter of time, but this makes it more clear. I will definitely show up to court on my date and will follow through. So I would plead not guilty, then would I be able to ask for a time extension on the grounds that I am looking for legal representation?

Does anyone have any recommendations for legal representation? I have so far gotten one(1) PM only, would like to have a few more lawyers ready on hand.

And for those who are wondering: I am 20 years old, no previous violent crime history. This happened in Huntington Beach.
Yes, if you are asked to plead at that time you can go with "Not Guilty", they will then set a trial date a ways out and you will have time to get a lawyer.

The goal for your lawyer is to get them to make you an offer that you can live with (misdemeanor plea, suspended sentence, pre-trial diversion, etc.) or even drop the charges because it is just not worth pursuing. With your record I am sure something can be worked out...they may even offer you something like this on 9/25 just to keep things moving.
__________________
Quote:
"But far more numerous was the herd of such, Who think too little and who talk too much." -John Dryden
  #23  
Old 09-22-2012, 12:41 PM
HBsurvivalist HBsurvivalist is offline
Junior Member
 
Join Date: Sep 2012
Posts: 4
iTrader: 0 / 0%
Default

Quote:
Originally Posted by keenkeen View Post
Yes, if you are asked to plead at that time you can go with "Not Guilty", they will then set a trial date a ways out and you will have time to get a lawyer.

The goal for your lawyer is to get them to make you an offer that you can live with (misdemeanor plea, suspended sentence, pre-trial diversion, etc.) or even drop the charges because it is just not worth pursuing. With your record I am sure something can be worked out...they may even offer you something like this on 9/25 just to keep things moving.
Thank you again for clarifying keenkeen. Just wanted to make sure.
  #24  
Old 09-22-2012, 12:58 PM
rspar's Avatar
rspar rspar is offline
Senior Member
 
Join Date: Jun 2009
Location: la area
Posts: 788
iTrader: 3 / 100%
Default

It appears it's punishable by up to a year in county. But I doubt they want you in county considering the over population problems.
__________________
OK SO NOW JIMMY CARTER GOT 8 er 12 YEARS LET'S MOVE ON
  #25  
Old 09-22-2012, 4:00 PM
BigDogatPlay's Avatar
BigDogatPlay BigDogatPlay is offline
Calguns Addict
 
Join Date: Jun 2007
Location: Beautiful progressive Sonoma County
Posts: 7,387
iTrader: 13 / 100%
Default

Quote:
Originally Posted by rspar View Post
It appears it's punishable by up to a year in county. But I doubt they want you in county considering the over population problems.
Let's check the Penal Code shall we?

The Penal Code on nunchaku....

Quote:
22010. Except as provided in Section 22015 and Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any nunchaku is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.


22015. Section 22010 does not apply to either of the following:
(a) The possession of a nunchaku on the premises of a school that holds a regulatory or business license and teaches the arts of self-defense.
(b) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school that holds a regulatory or business license and teaches the arts of self-defense.

22090. Except as provided in Section 22015 and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any nunchaku is a nuisance and is subject to Section 18010.
And PC 1170(h) has the following.....

Quote:
(h) (1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.
Possession of a nunchaku is a felony, which may be reduced to a misdemeanor. This is known as a wobbler. If convicted of the felony it can be up to three years imprisonment.... and a lifetime loss of rights to own or possess any firearm or ammunition.

While most often these will get knocked down to a misdemeanor, a charge like this is nothing to be ignored or trifled with. The OP needs to stop posting here now, engage a competent criminal defense attorney immediately and be prepared for the worst possible outcome. DO NOT UNDER ANY CIRCUMSTANCES appear in court at a criminal proceeding against your interest without competent counsel present to represent you. Get a lawyer now.

OP made a very simple mistake which has the potential to be life altering. Beating him up here over what he should and should not have done, or speculating about his case or what he should do about it, does no good.
__________________
-- Rifle, Pistol, Shotgun

Not a lawyer, just a former LEO proud to have served.

Quote:
Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

Last edited by BigDogatPlay; 09-22-2012 at 4:05 PM..
  #26  
Old 09-22-2012, 4:14 PM
RileyBean RileyBean is offline
Banned
 
Join Date: Jun 2012
Posts: 258
iTrader: 0 / 0%
Default

Quote:
Originally Posted by durandal View Post
Personally i think Its a racist law:

nunchucks, kubotan (palm stick), shuriken (ninja star), chain whip, three section staff, tonfa (night stick), balisong (butterfly knife) and karambit are all prohibited under the same law.

Ninjas are scary and we need to make being Asian illegal.
Exactly!!!! Just one big conspiracy by the commies to criminalize more law abiding citizens so they get more felony statistics. F the authorities!!!

It probably had absolutely nothing to do with the OP actually having illegal weapons in his possession. The OP should have grabbed the nunchucks and opened some whoop*****. Then at least the felony would have been worth it. Maybe some face paint - Braveheart style........ DOWN WITH THE COMMIES!!!!!!!!!!!!! [sarcasm for those of you with 2 digit IQs]
  #27  
Old 09-22-2012, 4:29 PM
yzernie's Avatar
yzernie yzernie is offline
Vendor/Retailer
CGN Contributor - Lifetime
 
Join Date: Mar 2007
Location: Oak Hills/Hesperia, Ca.
Posts: 5,198
iTrader: 548 / 100%
Default

Where I work, if they were locked in your trunk we wouldn't even take a second look at them. Technically though, a felony to possess.
__________________
My Commercial Sales Ad >>> http://www.calguns.net/calgunforum/s...d.php?t=257865

TinStarSupply@aol.com

The satisfaction of a job well done is to be the one who has done it
  #28  
Old 09-22-2012, 5:41 PM
durandal's Avatar
durandal durandal is offline
Senior Member
 
Join Date: Jun 2012
Location: SF Bay
Posts: 1,461
iTrader: 24 / 96%
Default

Really though the only exceptions to possession of chucks are if they are not weapons, like Kiddie nunchucks: Hollow plastic covered with foam..

Or if they are in a martial arts school.

Unless they were plastic toys and part of your halloween costume or you were transporting them back to your karate instructor's school, i would have broken the chain or cut the cord between the sticks.

Were they foam? Wood? Aluminum?

Did they attached by a speed swivel, or cord?

Too late for any of that now though. Good luck.
__________________
---
WTB: old cz75 with round trigger guard & spur hammer, sf bay
  #29  
Old 09-22-2012, 5:45 PM
Fortified Peasant's Avatar
Fortified Peasant Fortified Peasant is offline
Junior Member
 
Join Date: Sep 2012
Posts: 82
iTrader: 8 / 100%
Default

1. Did you give them permision to search the trunk? If not they had no right to look in your trunk. Looking inside the passenger area and the trunk are two different things. The trunk is a locked area and they would need to ask if they could look in it seperatly.

2. Why the heck would you let them look in your car? Duh...


GET A LAWYER NOW!
  #30  
Old 09-22-2012, 5:47 PM
pieeater's Avatar
pieeater pieeater is offline
Cattle Thieves Pro Staff
 
Join Date: Oct 2005
Location: Solano County
Posts: 5,234
iTrader: 26 / 100%
Default

How much is a lawyer going to cost?
  #31  
Old 09-22-2012, 6:13 PM
durandal's Avatar
durandal durandal is offline
Senior Member
 
Join Date: Jun 2012
Location: SF Bay
Posts: 1,461
iTrader: 24 / 96%
Default

Its worth not having to spend a year in prison
__________________
---
WTB: old cz75 with round trigger guard & spur hammer, sf bay
  #32  
Old 09-22-2012, 7:22 PM
becxltoo984's Avatar
becxltoo984 becxltoo984 is offline
Senior Member
 
Join Date: Nov 2008
Location: Sacramento
Posts: 553
iTrader: 4 / 100%
Default

That's a shame if you had responded no you cant search my car . They would have checked you for wants or warrants and I assume would have kicked you down the road .
Talk to a lawyer ....
  #33  
Old 09-22-2012, 8:12 PM
RickD427's Avatar
RickD427 RickD427 is offline
Veteran Member
 
Join Date: Jan 2007
Location: King County
Posts: 4,324
iTrader: 5 / 100%
Default

Quote:
Originally Posted by BigDogatPlay View Post
Let's check the Penal Code shall we?

The Penal Code on nunchaku....



And PC 1170(h) has the following.....



Possession of a nunchaku is a felony, which may be reduced to a misdemeanor. This is known as a wobbler. If convicted of the felony it can be up to three years imprisonment.... and a lifetime loss of rights to own or possess any firearm or ammunition.

While most often these will get knocked down to a misdemeanor, a charge like this is nothing to be ignored or trifled with. The OP needs to stop posting here now, engage a competent criminal defense attorney immediately and be prepared for the worst possible outcome. DO NOT UNDER ANY CIRCUMSTANCES appear in court at a criminal proceeding against your interest without competent counsel present to represent you. Get a lawyer now.

OP made a very simple mistake which has the potential to be life altering. Beating him up here over what he should and should not have done, or speculating about his case or what he should do about it, does no good.
^^^^^THIS^^^^^

Bigdog gave an excellent post. In addition, the law does make an attempt to be fair, particularly when a wide range of conduct is covered by a penal section. That's why many offenses are "wobblers". The legal system is quite complex, and it's not always intuitive. Ordinary folks don't do very well navigating the system. You really do need a competent lawyer to represent you.
  #34  
Old 09-22-2012, 8:43 PM
SVT-40's Avatar
SVT-40 SVT-40 is offline
Calguns Addict
 
Join Date: Jan 2008
Location: Az
Posts: 7,612
iTrader: 19 / 100%
Default

Quote:
Originally Posted by Fortified Peasant View Post
1. Did you give them permision to search the trunk? If not they had no right to look in your trunk. Looking inside the passenger area and the trunk are two different things. The trunk is a locked area and they would need to ask if they could look in it seperatly.

2. Why the heck would you let them look in your car? Duh...


GET A LAWYER NOW!
No, they do not need separate permission to look in the trunk . The OP gave the officers permission to search the vehicle. That includes the trunk.

Now if the OP had said sure search my car , except for the trunk, then the officers would have been limited to the passenger compartment, unless while searching the passenger compartment they found contraband. Then they could continue into the trunk.

But since the OP set no limits to the search the officers were legally allowed to search the entirety of the vehicle.
__________________
Poke'm with a stick!


Quote:
Originally Posted by fiddletown View Post
What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.


  #35  
Old 09-22-2012, 8:52 PM
Fortified Peasant's Avatar
Fortified Peasant Fortified Peasant is offline
Junior Member
 
Join Date: Sep 2012
Posts: 82
iTrader: 8 / 100%
Default

Quote:
Originally Posted by SVT-40 View Post
No, they do not need separate permission to look in the trunk . The OP gave the officers permission to search the vehicle. That includes the trunk.

Now if the OP had said sure search my car , except for the trunk, then the officers would have been limited to the passenger compartment, unless while searching the passenger compartment they found contraband. Then they could continue into the trunk.

But since the OP set no limits to the search the officers were legally allowed to search the entirety of the vehicle.
Uh, I dont think so. Where did you get that? If it is locked they need to ask permision. Just like the glove box, if its locked they need to ask permision.
__________________
  #36  
Old 09-22-2012, 10:02 PM
Invisible_Dave Invisible_Dave is offline
Member
 
Join Date: Dec 2008
Posts: 269
iTrader: 0 / 0%
Default

If he gave consent to search the car, all parts are in play. Conversely if he wanted he could have terminated consent at any time.

Trucks and glove boxes get tricky under non-consented searches, but that's not the case here.

On edit: if the person consenting to the search said "yeah but you can't look in the truck" then the truck would be off limits.
__________________
The Internet; where men are men, women are men, and kids are FBI agents.

Last edited by Invisible_Dave; 09-22-2012 at 10:04 PM..
  #37  
Old 09-22-2012, 10:10 PM
Fortified Peasant's Avatar
Fortified Peasant Fortified Peasant is offline
Junior Member
 
Join Date: Sep 2012
Posts: 82
iTrader: 8 / 100%
Default

Quote:
Originally Posted by Invisible_Dave View Post
If he gave consent to search the car, all parts are in play. Conversely if he wanted he could have terminated consent at any time.

Trucks and glove boxes get tricky under non-consented searches, but that's not the case here.

On edit: if the person consenting to the search said "yeah but you can't look in the truck" then the truck would be off limits.
If the cops knew what they were doing they would have asked if they could look in the trunk after searching the car. I am also asuming the trunk was locked. If the trunk or govle box are locked the cops are going to have to request the key (ask for permision). A good lawyer would disagree with you.
__________________

Last edited by Fortified Peasant; 09-22-2012 at 10:15 PM..
  #38  
Old 09-22-2012, 10:13 PM
Invisible_Dave Invisible_Dave is offline
Member
 
Join Date: Dec 2008
Posts: 269
iTrader: 0 / 0%
Default

A good lawyer will always challenge the search. Doesn't make them correct.
__________________
The Internet; where men are men, women are men, and kids are FBI agents.
  #39  
Old 09-22-2012, 10:16 PM
Fortified Peasant's Avatar
Fortified Peasant Fortified Peasant is offline
Junior Member
 
Join Date: Sep 2012
Posts: 82
iTrader: 8 / 100%
Default

Quote:
Originally Posted by Invisible_Dave View Post
A good lawyer will always challenge the search. Doesn't make them correct.
True. I'm not even saying the officers did anything wrong. The dirver shoudl have know that what he had was illegal. Ignorence will not get him out of trouble here.
__________________
  #40  
Old 09-22-2012, 10:19 PM
Sleighter's Avatar
Sleighter Sleighter is offline
Veteran Member
 
Join Date: Apr 2011
Location: Riverside County - where the rednecks and hillbillies meet the suburbs
Posts: 3,600
iTrader: 12 / 100%
Default

Just my 2 cents, but I would reconsider this decision and see if you can arrange to have counsel (lawyer) represent you on the 25th. When it comes to dealing with a potential felony I know that I would want an attorney handling every aspect of the case.

As you have already learned, small decisions early on (i.e. consent to search) can have long lasting effects. Get a lawyer, and TODAY, not AFTER the hearing, BEFORE THE HEARING!

Quote:
Originally Posted by HBsurvivalist View Post
Thank you for the insight/advice. I knew that hiring a lawyer was a matter of time, but this makes it more clear. I will definitely show up to court on my date and will follow through. So I would plead not guilty, then would I be able to ask for a time extension on the grounds that I am looking for legal representation?

Does anyone have any recommendations for legal representation? I have so far gotten one(1) PM only, would like to have a few more lawyers ready on hand.

And for those who are wondering: I am 20 years old, no previous violent crime history. This happened in Huntington Beach.
__________________
If you are wondering if you can get a LTC in Riverside County: THE ANSWER IS YES!

Join the discussion at:http://www.calguns.net/calgunforum/s...d.php?t=352777
Closed Thread

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 1:09 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.