Plumas County CHP are Grabbing Guns

[Rangem4]

I have heard of three individuals losing their legally owned firearms in Plumas County courts.
There is an over zealous CHP officer running up and down the canyon of Hwy. 70. He pulls people over for a license plate bulb or a cracked w/shield, mud flaps etc.
He asks if you have any firearms and if you have a rifle that is not registered to you like many of us have they will confiscate it and the judge sides with the officer. If you have a CCW and the pistol is not on the permit it will be confiscated.
If you are a passenger minding your own business and at the bottom of a duffle bag in the trunk of the car the loaded 9mm pistol is loaded you will lose it.
He is a short fellow with a chip on his shoulder.
Beware if you are traveling Plumas County make sure you follow every rule and law for proper locked, not concealed, unloaded hand guns and rifles.
If it is legally carried you will be OK.
What concerns me the most is why they are grabbing guns.
Owning your Dad's 1956 Winchester rifle that never got transferred to you should not be a problem. This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".
This is a true story. A local business man living near Belden confirmed the above stories.

[kenjimatic]

As far as I know. All long guns aren't registered. I don't see how he is going to run the serial number, for your long gun, and have your name pop up.

[Dutch3]

This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".

That sounds pretty unbelievable since there is no long gun registration in this state (yet). With the possible exception of a RAW or stolen gun, running long gun models/serials is going to come up with zero info.

None of my long guns are "registered" to me (or anyone else, for that matter).

[NRai2001]

Wow I wish that would happen to me!!! I would sue the officer and his dept soooo sooo fast.. Hear so many stories about "over zealous" officers later being sued and loosing their jobs for their ego.

[NRai2001]

I ve met a lot of really cool officers.. But why is it that every CHP I ve met has been a jerk?

[Thanatos2203]

I'm a criminology student at UCI and have taken a few law classes with a professor of mine who was also a personal friend and judge at the Superior Court in Santa Ana. I'm going to try and fill this in as best as memory serves, anybody with more authority please correct me if I'm wrong. Having weapons in your car isn't enough probable cause to allow for a search of your vehicle especially when you were pulled over for something like a tail light. A LEO can only search your glove box area and visually inspect the area within your immediate reach. The only reason they would be able to search your entire cab would incident to an arrest and simply telling them you have a gun in the trunk would no be enough PC for an arrest. Anything in the trunk cannot be accessed by the officer, only a post-impound vehicle inventory search. If they have arrested and read you your Miranda rights simply for having guns in the trunk then demand your rights under McNabb-Mallory and they have to take you in front of a judge ASAP to prove they had enough PC to make an arrest. If they tell you to open the trunk of your car to search the weapons whether you have been arrested or not, just do not comply and tell them it is not within their rights.

[Grumpyoldretiredcop]

I'm not buying this without proof. Sounds like FUD to me.

[paul0660]

not within their rights

It is authority, not rights. WE have rights.

I don't believe the story.

But why is it that every CHP I ve met has been a jerk?

I have not met any of those. They seem efficient and as friendly as a ten minute interaction requires. You want jerks, go to Oregon and experience their State Police..........like an occupying force.

[alfred1222]

This sounds like FUD

[Rangem4]

I posted this story because the co-worker that told me these stories knows the business owner on hwy. 70 near Belden. I hope his buddies and relations telling their experiences are full of crap.
Regarding the law student, If a police officer looks me in the eye and asks if I have firearms in my car I have to tell him the truth. If he does not have the right to ask me to open the tonneau cover of my pick-up I would like to know my rights.
That is the problem with most of us, we do not know the laws and assume when a police officer says to show him a weapon or open the trunk, I am going to assume he can legally do it.
Again, I just hope this story is BS.

[dls]

"If you are a passenger minding your own business and at the bottom of a duffle bag in the trunk of the car the loaded 9mm pistol is loaded you will lose it."

I'm pretty sure thats illegal,unless you have a LTC.


This officer said, "if any of these rifles come up without your name tied to them we are going to have a big problem".

I'm pretty sure we'll all have a problem then.

[Dutch3]

Now for a threadjack related to another part of the story. There was a vehicle accident near my home a few years ago not far from Hwy 70. A CHP unit responded and the officer did seem to be a pretty short guy.

My jerk neighbor (who thankfully has since moved) was out there shouting at the officer from across the road, "Hey! Don't you need to be a certain height to get into the academy?" and, "Where did you find a uniform that size?"

I don't know what my neighbor's problem was, but the officer (to his credit) ignored him. It certainly would have pissed me off.

[CSACANNONEER]

Show proof and maybe we can schedual a mass road trip. I could use some extra cash from a slam dunk lawsuit.

[paul0660]

Show proof and maybe we can schedual a mass road trip. I could use some extra cash from a slam dunk lawsuit.

SHOTGUN!

[Thanatos2203]

That's exactly how the officers can get you, because they know that the average person doesn't know their own rights. That's also how people get away with all those open carry police confrontation videos they like to splatter all over youtube and fb. If you tell them yes you have a gun in the trunk, it is not within their authority* to search your trunk (or covered truck bed) without your expressed permission or a warrant. An officer's "hunch" you have unregistered weapons will not hold up in court, by admitting you have a weapon that is not giving them probable cause to search your vehicle on a low priority traffic stop. ANYTHING (house, car, w/e) can be searched with consent.

Under Chimel v. California, LEO's are not allowed to search areas without a warrant and not incident to a VALID arrest. If they were to unlawfully arrest you and find "contraband" then said contraband would be considered "fruit of a poisonous tree" due to the Wong Sun case and will be suppressed in court.

An exception would be Horton v. California which refers to the "plain view doctrine" so if they see a gun sitting in your back seat or open truck bed they have the authority to seize it for their own safety.