Agricultural Inspection

[androu]

Anyone who has driven into California on a major highway from a bordering state such as Arizona, has passed through the "Agricultural Inspection Station." I assume their prime (and only?) purpose and authority is to check for produce or plants that might contain pests that could be harmful to the state's agriculrural industry. Apparently they can also make at least a cursory search of your vehicle in their duties as well as just asking "do you have any produce"? I know that the last time I came across the border, they made me open the cover over the bed of my pickup and they looked inside. There was alot of stuff in there, including some firearms, but they didn't root around at all, just a quick glance and I was on my way. I'm just wondering if:

a) If they noticed what they believed to be a firearm being illegally "imported" into the state, could they confiscate it?

b) Could an arrest be made based on this discovery?

c) Would this be a legal search/seizure, that is, would it hold up in court?

d) Have they ever taken any action with regard to firearms "discovered" in this way?

If there are already threads on this, please point me in the right direction, I searched but didn't find them.

[Decoligny]

Anyone who has driven into California on a major highway from a bordering state such as Arizona, has passed through the "Agricultural Inspection Station." I assume their prime (and only?) purpose and authority is to check for produce or plants that might contain pests that could be harmful to the state's agriculrural industry. Apparently they can also make at least a cursory search of your vehicle in their duties as well as just asking "do you have any produce"? I know that the last time I came across the border, they made me open the cover over the bed of my pickup and they looked inside. There was alot of stuff in there, including some firearms, but they didn't root around at all, just a quick glance and I was on my way. I'm just wondering if:

a) If they noticed what they believed to be a firearm being illegally "imported" into the state, could they confiscate it?

No, they do not have the authority to confiscate anything other than agricultural materials.

b) Could an arrest be made based on this discovery?

Yes, the inspector could make a report to the CHP, who usually have a car at the inspection station, and the officer could investigate/search/sieze and arrest if illegality was found.

c) Would this be a legal search/seizure, that is, would it hold up in court?

No, if it was the inspector seized and arrested

Yes, the inspector is allowed by law to search the vehicle for agricultural items if he has a reason to believe that you have them in your vehicle. Anything illegal that the inspector sees, can be reported to the CHP who would then have PC to do his/her own search/seizure.

d) Have they ever taken any action with regard to firearms "discovered" in this way?

Not sure, I do know that a friend of mine was transfering from Nellis AFB to Edwards AFB, and drove through the AG Checkpoint with a loaded pistol in a holter on his side. The inspector asked him about it and told him that it was illegal to have a loaded gun in the car. My friend unloaded and cased his pistol and that was all that happened. No CHP chasing him, no black helicopters forcing him off the side of the road.

If there are already threads on this, please point me in the right direction, I searched but didn't find them.

See above

[SgtDinosaur]

I never had any problem in that regard. They have never asked me anything innapropiate.

[GrizzlyGuy]

I frequently go through one as it is in my town. Their standard question is "where are you coming from?". Laws related to their operation:
California Food and Agricultural Code - Section 5341-5353:

5341. To prevent the introduction into, or the spread within this
state, of pests, the director shall maintain at such places within
this state as he deems necessary plant quarantine inspection stations
for the purpose of inspecting all conveyances which might carry
plants or other things which are, or are liable to be, infested or
infected with any pest.

However, as in People v. Perez, they are sometimes used in conjunction with other checkpoint types such as DFG checkpoints:

The checkpoint was located on Highway 97, three miles south of the Oregon border and about three miles from the hunting area. It was operated in conjunction with the permanent Dorris agriculture checkpoint station...All vehicles were first stopped at the agricultural checkpoint. The agricultural inspectors asked motorists if they had been hunting. If there was visible evidence of hunting activity or the people responded positively to the inquiry, their vehicle was marked with a yellow decal and they were directed to the Fish and Game checkpoint.

Things didn't go very well for Perez at that point (he said "yes" when asked if he had been hunting), especially after his handgun fell out as he got out of his truck...

[Glock22Fan]

Supposedly a friend of a friend came back from a hunting trip with a complete (legally taken) dressed out carcass (Elk, IIRC) in the back of his truck. Because the meat is supposed to be completely off the bone, they made him butcher it then and there and leave the bones behind.

They also fined him a big fine.

But maybe this is an urban legend.

[yellowfin]

I guess have all synthetic stocks and grips so they can't say the wood is an agricultural product?

[ke6guj]

I think it is funny that the Ferret crowd has made PDF maps that show how to bypass all of the Ag checkpoints.

[stix213]

I think it is funny that the Ferret crowd has made PDF maps that show how to bypass all of the Ag checkpoints.

There is one near Tahoe I go through frequently where they have a sign that directs all locals and returning visitors to go around the check point, and all visitors leaving for good to go through inspection. Its a rare sight to see anyone purposely drive through the inspection line, even on a sunday evening before a work day.

[franklinarmory]

Supposedly a friend of a friend came back from a hunting trip with a complete (legally taken) dressed out carcass (Elk, IIRC) in the back of his truck. Because the meat is supposed to be completely off the bone, they made him butcher it then and there and leave the bones behind.

They also fined him a big fine.

But maybe this is an urban legend.

Thanks to chronic wasting disease (CWD), the DFG will cite anyone that brings in any spinal chord or brain of a deer or elk. I'm sure it's happened. I'm surprised that the DFG would allow it to be butchered before proceeding. Where did they put the bones? ...the Ag checkpoint garbage can?

A friend of mine mentioned that he got harassed by the ag folks when he brought his elk in from out of state. It was already off the bone, and they had him talk to the CHP. The CHP said wait here while I get a DFG warden. It might take an hour or two.

My friend being the anti-establishment type that he is, said "Hell no. If you have anything to cite me for, do it now Mr. CHP, or I'm on my way!" As you can expect, the CHP didn't have enough to extend the detention past the typical 20 minutes and had to let him go.

This is a great thread. I always wondered how the discovery would work with the AG guys on non-ag related issues.

[androu]

Thanks for all the good responses do far. I've never had any trouble at a checkpoint of this type either. The last time I came through I had several rifles in cases that were pretty obviously rifles, but they weren't interested at all.

[androu]

I frequently go through one as it is in my town. Their standard question is "where are you coming from?". Laws related to their operation:
California Food and Agricultural Code - Section 5341-5353:

Interesting that this is part of the "California Food and Agricultural Code":

5343.5. At any inspection station maintained at or near the
California border by the director pursuant to Section 5341, the
following sign shall be conspicuously posted in block letters not
less than four inches in height:
"NOTICE: IF YOU ARE A CALIFORNIA RESIDENT, THE FEDERAL GUN CONTROL
ACT MAY PROHIBIT YOU FROM BRINGING WITH YOU INTO THIS STATE FIREARMS
THAT YOU ACQUIRED OUTSIDE OF THIS STATE.
IN ADDITION, IF YOU ARE A NEW CALIFORNIA RESIDENT, STATE LAW
REGULATES YOUR BRINGING INTO CALIFORNIA HANDGUNS AND OTHER DESIGNATED
FIREARMS AND MANDATES THAT SPECIFIC PROCEDURES BE FOLLOWED.
IF YOU HAVE ANY QUESTIONS ABOUT THE PROCEDURES TO BE FOLLOWED IN
BRINGING FIREARMS INTO CALIFORNIA OR TRANSFERRING FIREARMS WITHIN
CALIFORNIA, YOU SHOULD CONTACT THE CALIFORNIA DEPARTMENT OF JUSTICE
OR A LOCAL CALIFORNIA LAW ENFORCEMENT AGENCY."

And what do they mean "Federal" gun control act? It's Californai state law that will get you in trouble, isn't it?

[ke6guj]

And what do they mean "Federal" gun control act? It's Californai state law that will get you in trouble, isn't it?

no, federal law prohibits you from going out of state to acquire a handgun or a long gun (with limited exemptions) and bringing it back to your home state. That is a federal violation.

There is also CA law that deals with new CA-residents moving into the state with handguns.

[androu]

no, federal law prohibits you from going out of state to acquire a handgun or a long gun (with limited exemptions) and bringing it back to your home state. That is a federal violation.

There is also CA law that deals with new CA-residents moving into the state with handguns.

Oh right, I get it now, but I've driven all over the country and never seen a sign like that at any other state border. I reminds me of the old Soviet-occupied East Germany.

[dustoff31]

Oh right, I get it now, but I've driven all over the country and never seen a sign like that at any other state border. I reminds me of the old Soviet-occupied East Germany.

There are reasons some call it the Democratic Republic, or the People's Republic, etc., of California.