#161
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Well you know what they say opinions are like...
I took it like this, stay away from the extremes, be polite, and do not disclose anything that isn't required to disclose (not lying either). Most importantly don't put yourself in a position to be pulled over and questioned for your legal firearms. Again, just my opinion from everything I have collected. |
#163
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You dont need consent to film in public
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson |
#164
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Yes, it is legal. http://arstechnica.com/tech-policy/2...o-film-police/
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#165
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LEO's in many other states have used state statutes governing wiretapping and/or making of unauthorized recordings to make arrests of folks who videotape them. California law is actually quite supportive of folks who wish to videotape the actions of LEO's. So long as the officer is in public, and there is no confidential aspect of the communication being recorded (refer to Penal Code section 632), and your actions do not interfere with the officer (refer to Penal Code section 148), you're free to record all that you want. |
#166
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The best answer is No Answer. You do not have to answer questions. politely tell the officer I do not wish to answer any questions. hand him your license, reg and insurance and wait for your fix - it ticket.
Sent from my SAMSUNG-SGH-I337 using Tapatalk
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you only get one shot at lifeā¦aim carefully |
#167
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Thanks, Rick
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#168
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You have to carry handguns in a secure container, but how secure does it need to be? Is the trunk secure if it has a pass through (which most cars do)? Is a container which is secured to the car a secure container (legal) or a utility compartment (illegal?) Wait, are you in a school zone? YOU SHOULD HAVE KNOWN! You can't receive or import a large capacity magazine (capable of feeding more than 10 rounds), but what does that mean? If your new 10 round .40 Glock magazine holds 12 9mm rounds, and fits in your 9mm Glock, does that mean you illegally acquired a large capacity magazine? What about a 10 round Beowulf magazine that accepts 30 5.56 rounds? What if all you have is a spring? Is that a "conversion kit? What if you have a brace that attaches to your gun, or a drop in trigger that has a shorter reset? Are these illegal SBR and machine-gun components? I could go on and on. The wood in that fancy grip you bought might be from some endangered tree somewhere and evidence of a felony (Lacey Act). Point is, you can't possibly know all the laws and their potential applications. NO ONE CAN. Go to your local law library and look at the stacks. Most of that could apply to you. This is why every attorney in America will tell you to SHUT UP and ask for your lawyer, and refuse any searches.
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. Last edited by Tincon; 09-01-2014 at 11:31 AM.. |
#169
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I tend to agree to the idea of answering no questions. I also think it is critical to the outcome of the interaction with the LEO that the citizen remain calm, as pleasant as possible but asserts his rights in a direct, but non-confrontational manner as possible.
After or during lic/reg/ins, reason for the stop, etc: "Do you have any guns in the car?" "With much respect, sir, I'm going to decline to answer that". "How come?" "I know you are doing a tough job, and I am not going to be difficult, but I am bit of a civil rights advocate, and I'm going to assert my right decline answering any questions unrelated to the reason you pulled me over in the first place." "Where are you headed?" "And that's a perfect example of the kind of question I am declining to answer." And yes, I fully anticipate being cited for whatever infraction caused the stop in the first place.
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www.christopherjhoffman.com The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights. Magna est veritas et praevalebit |
#170
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If pulled over with guns in car.....
It was so nice that this thread had been dead for over two months before someone had to revive it.
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Sent from Free America |
#171
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For the 7 years I've been driving I've been pulled over twice. Once for my stereo being way to loud and the other time just for looking suspicious. Both times I was polite to the officer, first time he asked if I new why he pulled my over and I said was it my stereo? He simply stated that was one thing he noticed. Gave me a warning and sent me on my way. Second time my truck was parked at a small town high school while I went with my cousin to colusa. When I got back at 1 am the cop saw me leave so pulled me over to inspect for stolen property. I was polite he asked me a few questions talked about my truck a little bit and sent me on my way. Neither time I was asked for weapons or treated like a criminal. So I personally think if they are asking you that question and you have to come up with a quick answer to get around it you are doing somthing wrong.
Even when my wife got pulled over and opened up the wrong compartment in the overhead consol showing my knife tucked away the officer simply made a quick comment on it she just said I put it there in case we ever need it for somthing. And he went on with the traffic stop and gave her a warning. |
#172
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#173
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In over 25 years of driving I have been pulled over at least 50 times (I had some serious lead foot tendencies when I was younger, lol.) During the course of these numerous traffic stops, not one single solitary time did any officer (CHP, local PD, or Sheriff Deputy) EVER ask me if there were any firearms in my vehicle. Unless your vehicle is plastered with 2A decals, Sig/Glock/S&W stickers, or something similar it is EXTREMELY unlikely you will be asked that. The only reason I can conceive of that you would be asked that is if you are a CCW holder, in which case you're G2G having a weapon loaded & ready to rock anyway. I wholeheartedly believe this question & all of the legalese answers is much ado about nothing.
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#174
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Unfortunately there have been numerous threads created and posts made about officers returning to the vehicle and inquiring whether or not the person had their such and such gun on them or in their vehicle b/c the officer ran an apps check on the person and it came back as an owner of firearms. I have been asked 4 or 5 times if I've had firearms in the vehicle , sometimes its a serious question sometimes its a "do you have any weapons rocket launchers grenades or any other sort of weapons I need to be worried about? " I've been asked by a game warden while out 4 wheeling with a spot light if we had firearms.. I think to make sure we weren't spotlight hunting.. so the question does in deed get asked.. the fact that officers are checking if the person they pulled over owns firearms is concerning to me as well. I think the best answer is "Sorry officer but I don't discuss the contents of my vehicle " or a "Sorry officer but I'd prefer not to answer any questions that don't pertain to the reason you stopped me." Go watch the video . Police are law enforcers. Not your friends. If you aren't in control of your vehicle 100% of the time 365 days a year from the moment you bought the thing... then you can never be sure of what is inside of it. Unless of course you have a very very clean car and perform a thorough search of it every time you re enter it after taking your eyes off of it. I do like Rick's turn around onto the officer asking him if there is any law that compels one to participate in the fishing excursion .. Respectful assertion of ones rights should never make an officer who swore to protect those rights upset. If it does.. maybe he is one of the "1 Percent" Which in CA is probably more like %20
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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. |
#175
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Agree or disagree, I'm just passing on what he said, so don't beat up on me.
I just asked this question to my friend who is a retired sheriff (Calif). His reply was if you do have weapons in your car to answer āYesā, if you donāt then āNoā. If you do, then heāll want to make sure youāre following the laws on transporting, run the SN, and just make sure everything is okay and that if it is youāll be on your way. By letting him know you have it and you did something wrong, like having it loaded, itās a misdemeanor, but if you told him āNoā and he found it, then it becomes a felony, plus lying to a cop. He said if you answer with anything other than yes or no, youāre just making things worst for yourself and you just gave the cop a reason to look and ask more questions. |
#177
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Simply stating that you will not answer any questions may spark your friends interest, and might make him want to look more closely, but it doesn't give him the authority to do anything but look from outside the vehicle. It definitely does not give him authority to do an actual search of the vehicle. As far as asking more questions, what good will that do him. Q "Do you have any guns in the car?" A "I decline to answer any question not related to the reason you stopped me." Q "Are you hiding something?' A "I decline to answer any question not related to the reason you stopped me." Q "Why won't you answer any of my questions?" A "I decline to answer any question not related to the reason you stopped me." Q "Are you mocking me?" A "I decline to answer any question not related to the reason you stopped me."
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If you haven't seen it with your own eyes, or heard it with your own ears, don't make it up with your small mind, or spread it with your big mouth. |
#178
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#179
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.... I would suppose that declining to answer would be in an effort to avoid a warrantless search/inspection... which could ultimately result in an arrest. I'm trying very hard to know and follow the law... especially as it relates to firearms. Is it possible that I could be unaware of some new or obscure case law that could get me into trouble? Sure. Could I make a mistake and accidentally have done something illegal? Sure. Is it possible that an uninformed officer could arrest me, even though I'm following the law? Based on stories I've read so far, yes. So, why would I answer a question, that I'm not required to answer... just to invite a search... a search whose only purpose is to figure out if I am arrestable? Considering that much of my firearm transport is likely to be while I am on foot, on a bike, or on public transit... will volunteering information about the presence of a firearm invite other questions? Such as... where I'm coming from, where I'm going to, whether I stopped along the way... all of which could be obligatory to answer in order to avoid an arrest. If an officer develops probable cause to search me, fine. But at least the officer will have the added burden of articulating their probable cause in their report, and defending it in court. .... On the other hand... what do I stand to gain by answering? Assuming I am following all laws, and the officer agrees... it might make the interaction with the officer shorter in duration. It might make it more friendly or comfortable. But if I get arrested, I will waste a lot of time... I will be very uncomfortable... and I will risk other associated problems (job problems, financial burden, hit to reputation, removal of gun rights, etc.). .... I'm still trying to figure this question out for myself, and admittedly, I may be wrong on some of the stuff above. Still unanswered for me is whether "declining to answer" can constitute a violation of 25850(b)... refusing to allow inspection of a firearm. The best advice I've found so far is to do everything I can to avoid these sorts of encounters/questions from coming up in the first place. |
#180
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#181
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Another viewpoint from a self-defense specialist lawyer:
http://legalinsurrection.com/2014/10...alk-to-police/ Quote:
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: āBegin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.ā Not a lawyer, just Some Guy On The Interwebs. |
#182
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I live in Fontana CA, I've lived in San Bernardino, riverside, rancho cucamonga etc. Been stopped several times as I drive for a living, been through several checkpoints. Never once have I felt violated or taken advantage of. I shot a dog with the same 30.06 I have for sale on this forum, I called 911 to report shots fired, a depute showed up, told me I had a nice gun and did the right thing then cited my neighbor and had animal control retrieve the surviving dog from the attack that ran when I killed its buddy. Cops are not your enemy. At least in every instance I've had with them in CA. A law abiding legal gun owner doesn't have jack **** to worry about with the cops.
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#183
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Not every cop is an "enemy" but some certainly are. Don't take chances, don't waive your rights.
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. |
#184
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#185
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A great story about a guy who was doing "nothing wrong" and decided to be honest: http://blogs.villagevoice.com/runnin...aw-arrests.php
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. |
#186
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#187
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I'm still AMAZED that folks just don't get this.
If a Cop asks to see what's in your vehicle, bag, pack, or case; they are LOOKING for something to charge or arrest you for! They are not checking out the clean carpet & interior of your vehicle. They are not looking to see how great a job you did organizing your bag or pack. They are not looking to see how awesomely clean you keep your vehicles trunk. If your firearm is being transported Legally (has it should be) then you should have nothing to fear from telling a cop about it. But in reality, there are cops that DO NOT actually Know the Law (seems that for Cops, ignorance IS an excuse). So what is actually Legal (like having a loaded magazine in the same locked case as a firearm) might get you arrested. SO WHY RISK THIS BY VOLUNTEERING INFORMATION?!? Every time an officer asks to look into a container or object, they are looking for a violation of the law or an illegal object (other then a persons clothing or what they are wearing... those searches actually usually are for officer safety). So unless you want to help the officer go fishing for something illegal with which to charge you with... JUST SAY NO. Do not volunteer information or allow any searches you don't have to.
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Internet Talk is Cheap Man Up, Show Up, or Shut the @#$! Up. https://www.youtube.com/watch?v=C74HgbjSCLM |
#188
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It's funny, all those "exceptions" sure do keep a lot of lawyers in business. I've seen hundreds of people go to jail and get convicted because they decided to "be helpful," both working the defense side and during my time as a cop. Your point of view is hopelessly naive.
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. |
#189
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Last edited by meno377; 10-13-2014 at 10:09 AM.. |
#190
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Is that based on research, your personal experience, or is it just your general happy feelings about the universe?
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. |
#191
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And to your question, neither.
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#192
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"Not every gun owner is an "enemy" but some certainly are. Don't take chances.
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Poke'm with a stick! |
#193
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Sounds fine. The difference is, the detainee has the option of waiving his rights or not, you don't have the option of violating them. If you can't do your job without violating the rights of citizens, find another job.
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. |
#194
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. |
#195
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Yet another "exception": http://www.republicmagazine.com/vide...a-firearm.html
I could post these all day, but I guess you will just say they are all "exceptions." Since I don't know if I'm dealing with an "exceptional" officer or not when I get pulled over, I think I'll continue to reserve all my rights.
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My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance. |
#196
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For all those out there that WANT to be helpful with LE, the next time an LEO pulls you over with your wife or girlfriend and asks you if her breasts are real or implants, go ahead and be helpful and let him check em out. You really want that officer to know don't you?
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#197
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Definitely an exception. LOL
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Last edited by meno377; 10-13-2014 at 1:42 PM.. |
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Last edited by meno377; 10-13-2014 at 11:21 AM.. |
#199
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Oh... that's right. He's a person who isn't a cop. He's also seen and recorded what he believed was past LEO misconduct. So he must have somehow "baited" or brought on this attack by LEOs by doing something wrong. Keep on holding that "Thin Blue Line".
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Internet Talk is Cheap Man Up, Show Up, or Shut the @#$! Up. https://www.youtube.com/watch?v=C74HgbjSCLM |
#200
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Don't be cute. Answer questions honestly. Don't volunteer anything. If they want to see them they will ask
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http://i1150.photobucket.com/albums/...0fa5fefab1.jpghttp://i1150.photobucket.com/albums/...Untitled-2.jpghttp://i1150.photobucket.com/albums/...tar76148_1.jpg "Everyone has two lives,the second one starts when you realize you only have one " |
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