Curious

[John Henry]

I was going to clean my 3 pistols one Saturday on my back patio but I was delayed by about 20 minutes because I had to run an errand downtown. Lucky me. As I was pulling into my drive I saw an OC sheriff leaving my premises.

My wife had called them to file a police report on some rental property we have and instead of knocking on the front door he entered through a shut, side gate and entered my back yard.

If I had been cleaning my guns and maybe dry firing just as he was coming down ... well you get the picture.

I appreciate that LE's never know what they're walking into but if something had happened, from him drawing on me to wanting to check my weapons, what kind of rights would I have had?

[TrailerparkTrash]

Keep your gate locked.

As far as "rights" go, do you plan on acting a fool while he's just ensuring that your guns are unloaded while he talks to you? I don't get it. I sense that you're gearing up for a potential verbal pissing match with the cop, which would be totally unnecessary.

With the info given, we have no idea why the deputy entered through your back gate.

[Jeepergeo]

Deleted.

[Bobby Ricigliano]

It seems unusual that there was no communication ahead of time between you and spouse that she was going to be calling the police to file a report, especially if you are both owners of the rental property.

It is very unlikely and unusual that an officer responding to a non emergent report call, knowing the informant was there waiting, would bypass the main entrance and walk around into the back yard. That is, unless the reporting party instructed as such to the dispatcher when the call for service was placed.

Since the call for service establishes the legal standing for him / her being on your property, it is very likely that you would be detained at gunpoint if the officer walked around the corner and saw you holding a firearm. The element of potential mutual surprise between the armed homeowner and the approaching officer could go south very easily. At the very least you would probably be detained and ran for warrants or prohibited status, as well as the firearm(s) being run through AFS.

With that said, this whole thread sounds like a made up scenario rather than something that actually happened.

[CinnamonBear723]

Fake news. The last thing any of us need is another drawn out discussion of a hypothetical situation

[Quiet]

Keep your gate locked.

AFAIK...
CA case laws requires the gate to be locked in order for the fenced in area to not be considered a "public place" and since the public can enter the fenced in area unimpeded (gate not locked) it would not legal for you to possess a firearm in that area (doing so would violate unloaded/loaded firearm in public laws).

[CBR_rider]

Odd

[Mr. Beretta]

Lock gate.

[Coolguy101]

Your wife tried to set you up, hoping that you would get shot by the cop. Large life insurance policy?

[Che762x39]

I was going to clean my 3 pistols one Saturday on my back patio but I was delayed by about 20 minutes because I had to run an errand downtown. Lucky me. As I was pulling into my drive I saw an OC sheriff leaving my premises.

My wife had called them to file a police report ...

You both need to be on the same page. I would be upset with the wife if I was cleaning guns while she wanted to make a police report. If she gives me a 'heads up' I would clean later.

[mej16489]

AFAIK...
CA case laws requires the gate to be locked in order for the fenced in area to not be considered a "public place" and since the public can enter the fenced in area unimpeded (gate not locked) it would not legal for you to possess a firearm in that area (doing so would violate unloaded/loaded firearm in public laws).

Incorrect, there is no need for the gate to be locked. PEOPLE v. STRIDER

In fact, the bar for removing one's yard from being a 'public place' could be something as simple as an enclosing hedge. ...I can't remember the citation for that one.