So I got pulled over and ticketed this weekend...

[Kukuforguns]

Based on the facts as presented, the frisk of the OP was unconstitutional. The officer lawfully stopped OP and OP was lawfully detained at this point. However, in order to frisk someone, police need to have a reasonable, articulable belief that a person is involved in a criminal enterprise, is armed, and is dangerous. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). In the context of a traffic stop, police no longer need to have a reasonable, articulable belief of involvement in a criminal enterprise because the traffic violation itself justifies the detention. Arizona v. JohnsonArizona v. Johnson. Here, the OP voluntarily disclosed information which made it reasonable for the officer to belief that OP was armed. However, the Supreme Court has stated that before a frisk is Constitutional, the officer must belief the suspect is armed AND dangerous. Based on the information provided by OP, I see no basis for a reasonable, articulable belief that OP was dangerous. In the absence of a resasonable belief that OP was dangerous, the frisk was unconstitutional.

[Decoligny]

Kern County has to notify LEO also.

Got a source for that? I would like to see it.

There was nothing about it on the Kern County instruction on filling out the CCW Application.

http://www.kernsheriff.com/misc/FormsApps/Documents/CCW%20Application.pdf

There was no restirctions put on the License itself requiring notification be given.


Let me guess, your CCW Instructor told you that you had to inform.

My CCW Instructor told me that it was illegal to carry into any place that had a "No Firearms" sign, and that I would be arrested if I was caught carrying there.

[Decoligny]

All counties require that if your weapon is displayed/ discovered or viewed including a law enforcement agency, you must write a letter to the issuing agency. They should have gone over that in your CCW class... They repeat this over and over in SBCSD

Absolute 100% USDA

[Doheny]

It is in our OCSD terms of license, but under these circumstances, I question whether it really needs to be reported. The final sentence in the section below states you must include the circumstances of your "use" of your weapon. I would argue that in this case, the weapon was never used.





Excerpt below from: http://ocsd.org/civicax/filebank/blo...x?BlobID=31605



2). If contacted by a sworn peace officer for any reason, license holder shall immediately show their CCW license as proof that they are carrying a concealed weapon.

3). License holder shall surrender the CCW license and/or concealed weapon to any sworn peace officer upon demand.

4). License holder shall not unnecessarily display or expose the concealed weapon or license.

5). Should the license holder display or utilize the concealed weapon for which the license has been issued, the license holder shall notify the Commander of PSD within five days. This notice shall be in writing, and shall include the circumstances resulting in the use of the weapon.

I too have an OC permit, I
Know what OCSD requires.

I was addressing his comment that it's required by all counties. It clearly is not.

Reading comprehension is key.


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[EROCO]

"Searched" or "patted"? That's a big difference, cause from your story officer did not have a reasonable cause to search you.

My vehicle was not searched but I was frisked, disarmed, all pockets emptied including my spare mag was taken from me. I was then detained in the back of the patrol car for about 15-20 min, while wife was still in the car, her window closed, no a/c in about 95 deg temp.

[JonW]

I too have an OC permit, I
Know what OCSD requires.

I was addressing his comment that it's required by all counties. It clearly is not.

Reading comprehension is key.


.

Why are you always so adversarial in your responses? Chill out.

I was merely pointing out that even though it isn't in the penal code, that OCSD does require it in some instances. However, it likely is not required in this instance.

[Doheny]

Why are you always so adversarial in your responses? Chill out.



I was merely pointing out that even though it isn't in the penal code, that OCSD does require it in some instances. However, it likely is not required in this instance.

Seems like you're the one that is worked up.

Again, reading comprehension is key. Your response to what I had written had nothing to do with what I was addressing. I was simply pointing that out. Sorry if you got your feelings hurt. Calguns isn't for the faint of heart.



Sent from my iPad using Tapatalk 2

[JonW]

Seems like you're the one that is worked up.

Again, reading comprehension is key. Your response to what I had written had nothing to do with what I was addressing. I was simply pointing that out. Sorry if you got your feelings hurt. Calguns isn't for the faint of heart.

Reading comprehension had nothing to do with it and it takes a bit more than that to hurt my feelings.

[titan2]

IMHO, it's because most male LEO's have a G26 in their pants and wish it was a G34.

Most likely a G42.....

[Old_Bald_Guy]

All counties require that if your weapon is displayed/ discovered or viewed including a law enforcement agency, you must write a letter to the issuing agency. They should have gone over that in your CCW class... They repeat this over and over in SBCSD

You're wrong.

[Doheny]

You're wrong.

Be careful. JonW is going to chime in any second now and impress us with his knowledge.


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[Old_Bald_Guy]

So I got pulled over and ticketed this weekend...

And Mark49, I have no clue what the H**L SBCSD is. San Bonifacio Community Services District? Santa Barbara Cave Spelunking Divers? Whatever it is, they may be correct if they say that they as an IA require it for licenses issued by them, but if they're saying that all counties require it they're rollin' deep in FUD. Point me to a Penal Code section and I'll listen. Waiting...

[Old_Bald_Guy]

So I got pulled over and ticketed this weekend...

Be careful. JonW is going to chime in any second now and impress us with his knowledge.


.

There's nothin' on the TV and I'm too old to plow the back forty on a hot day like this, so I reckon it'll be good for some entertainment anyway;-)

[Mark49]

If your agency neglected to inform you of the five day rule, then so be it. What concerns me is many of you may have received your permit qualifications through schools that might not know about this agreement the states counties now require. If in doubt call your local agency, why believe me.
Once you call your IA then talk to me, until then you had the wrong instructor or someone other then law enforcement taught your class...
If im correct the original OP is from OC, as one poster pointed out, his agreement states he agreed to the 5 day in writing. Get your letter to them even if its not that positive of a simple traffic stop.
Thanks JonW.

Should the license holder display or utilize the concealed weapon for which the license has been issued, the license holder shall notify the Commander of PSD (or said agency) within five days. This notice shall be in writing, and shall include the circumstances resulting in the use of the weapon.
As to the gentleman that assists on a penal code, your CCW is a privilege not a right, thus no PC#s
DISPLAYED is the magic word with the new agreement California has.

[Old_Bald_Guy]

Mark49, you have no idea what you're talking about. I'll eat my words and admit I'm wrong as soon as you show me in the freakin' Penal Code where I can find this "rule." As far as the "new agreement," WTH are you talking about? Specificity is lacking in your posts on this topic. You don't cite specific written sources. Until/unless you do, it's all nonsense.

EDIT: You do understand, don't you, that there are some restrictions and requirements that some counties require that others do not, right? And that some of those restrictions are valid under the PC and some are not? And that even those that are valid apply ONLY to those licenses issued by that particular county, right? No...I don't think you understand any of that. I've seen no evidence to indicate you do.