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.

Reply
 
Thread Tools Display Modes
  #41  
Old 02-09-2013, 8:52 PM
Samuelx Samuelx is offline
Senior Member
 
Join Date: Apr 2010
Location: Los Angeles County
Posts: 1,241
iTrader: 30 / 100%
Default

Quote:
Originally Posted by 55chevypost View Post
Read some great questions and answers as it applies to use of deadly force. Something missing from responses is, the test of reasonableness is "would an officer with the same/similar training and experice have acted/reacted in the same manner". And yes i've been in a handful of OIS.
I left that out because the 4th Amendment and Graham v Connor does not apply to non-LE/government. Ergo, the Reasonable Officer standard does not apply to a non-LE citizen. And because of that, IMO, it could be argued that non-LEOs have more leeway with regards to using force because they aren't expected to have the same training and experience and their rules of engagement are not as strict.
Reply With Quote
  #42  
Old 02-09-2013, 9:32 PM
Ninety's Avatar
Ninety Ninety is offline
Veteran Member
 
Join Date: Nov 2012
Location: OC , AZ
Posts: 3,997
iTrader: 7 / 100%
Default

I have another one for you guys..

Are you allowed to go into your back yard armed to determine if there is indeed a threat?

I have , on two occasions now, had police lock down the street and circle the neighborhood from above. I have asked if they want me to check my back yard and was told "sure go ahead" to which my response was "would you like to come with?" With the answer of " I'm not going back there until I have back up."

So would I be breaking the law to have my weapon with me on my gated property to check the back out houses and garage? And if I did come across an armed trespasser be with in my rights to defend myself?

Do I have an obligation to allow the officers into my backyard?
If the officers see something illegal while in my backyard, CAN they push the issue and bring charges against me?
__________________
NRA Member
The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
All that is required for evil to prevail is for good men to do nothing.
-Edmund Burke
I'd much rather go to my grave never needing my gun, than go there wishing I had it.
- Phil Dalmolin

The Battle of Athens was illegal too.
Reply With Quote
  #43  
Old 02-09-2013, 10:17 PM
Warhawk014's Avatar
Warhawk014 Warhawk014 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Apr 2008
Posts: 1,505
iTrader: 6 / 100%
Default

Quote:
Originally Posted by Ninety View Post
I have another one for you guys..

Are you allowed to go into your back yard armed to determine if there is indeed a threat?

I have , on two occasions now, had police lock down the street and circle the neighborhood from above. I have asked if they want me to check my back yard and was told "sure go ahead" to which my response was "would you like to come with?" With the answer of " I'm not going back there until I have back up."

no well trained officer is going to go into a back yard with someone they dont know without backup. for all they know you might be setting up an ambush. or an ambush is already in place and neither the officer or you know about it. the person they are chasing might be hiding back there.

So would I be breaking the law to have my weapon with me on my gated property to check the back out houses and garage? And if I did come across an armed trespasser be with in my rights to defend myself?

no you would not be breaking the law if you had your own weapon on your private property.

if the cops already there, you should not be in your backyard with a weapon to begin with. they might mistaken you for the perp. better to just stay inside and make sure your residence is secure. let the cops handle the outside.


Do I have an obligation to allow the officers into my backyard?
If the officers see something illegal while in my backyard, CAN they push the issue and bring charges against me?

is the officer/s chasing a suspect, if so yeah they are gonna go back there wether you like it or not. exigent circumstances. and if the officers see something illegal "in plain view" yes you will be in hot water.
just my opinion, not to be construed as legal advice. also protocol varies between different agencies, so this might not be true with the cops in your area.

Last edited by Warhawk014; 02-09-2013 at 10:21 PM..
Reply With Quote
  #44  
Old 02-09-2013, 10:21 PM
Ron-Solo's Avatar
Ron-Solo Ron-Solo is offline
Calguns Addict
 
Join Date: Jan 2009
Location: Ramblin' Man
Posts: 7,964
iTrader: 11 / 100%
Default

Quote:
Originally Posted by Ninety View Post
I have another one for you guys..

Are you allowed to go into your back yard armed to determine if there is indeed a threat?

Yes, but it may not be in your best interests

I have , on two occasions now, had police lock down the street and circle the neighborhood from above. I have asked if they want me to check my back yard and was told "sure go ahead" to which my response was "would you like to come with?" With the answer of " I'm not going back there until I have back up."

That's a clue. Whoever they are looking for poses a hazard

So would I be breaking the law to have my weapon with me on my gated property to check the back out houses and garage?

No

And if I did come across an armed trespasser be with in my rights to defend myself?

Only if attacked and deadly force is appropriate

Do I have an obligation to allow the officers into my backyard?

If they are in what is referred to as "fresh pursuit" they do not need your permission. If you obstruct, them you could go to jail for interfering. If they find the suspect in your back yard, and you obstruct, you could be charged with harboring a fugitive.

If the officers see something illegal while in my backyard, CAN they push the issue and bring charges against me?

If they are legally in your yard, yes.

Don't keep illegal stuff in your yard.
__________________
LASD Retired
1978-2011




If You Heard The Shot, You Weren't The Target
Reply With Quote
  #45  
Old 02-10-2013, 8:28 AM
Ninety's Avatar
Ninety Ninety is offline
Veteran Member
 
Join Date: Nov 2012
Location: OC , AZ
Posts: 3,997
iTrader: 7 / 100%
Default

LOL , I tend not to keep Illegal stuff in my yard..But I have a big back yard and CA has some really crazy laws... who knows what could be back there...

And thank you both for your replies.
__________________
NRA Member
The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
All that is required for evil to prevail is for good men to do nothing.
-Edmund Burke
I'd much rather go to my grave never needing my gun, than go there wishing I had it.
- Phil Dalmolin

The Battle of Athens was illegal too.
Reply With Quote
Reply

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 9:59 PM.




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.