state to state to California

[Oh Shoot]

Im just telling you what a judge told us in our Politcal Science Class.

The judge doesn't pull you over on the side of the road.

He said dont give consent to search your vehicle make them get a warrant or provide probable cause.

When the cop says "I suspect you may be carrying firearms or drugs (or stolen property, or illegal aliens, or whatever) illegally", he has provided you with your probable cause.

If they dont have a dog on the scene they cant make you wait for another unit to bring one.

A LEO doesn't have to get a dog to do a search. (It doesn't take a canine nose to smell burning pot, for example, in the case of drugs).

Are there any Lawyers on this forum that can clear this up?

I'd say the LEO's that have already chimed in have answered your question (perhaps somewhat derisively), but DoubleAfterSplit is our most active attorney here, perhaps he'll advise.

- OS

[Guest Revelator]

Generally, a search of a vehicle without either the owner's consent or a warrant would be suppressible. Unless the officer sees something in plain view or smells it outside the car they're going to need consent or a warrant. As a practical matter I don't think warrants are used much with cars, if ever at all. Who's got time for that? If the car has been stopped along the road they're not going to hold it there while they prepare the warrant and then get a judge to sign it.

No, they're going to try and get consent and if they can't get that they'll call in the dog. The US Supreme Court has ruled that dog sniffs are not searches and that all they do is reveal the presence of contraband. The Fourth Amendment is not in any way implicated because that protects only legitimate, legal interests. So if the dog alerts the police can go right in, consent or not. The trick with dog sniffs is time. If the officer who pulls the motorist over has the dog, it's not an issue. The dog's already there. But if they have to call one in it has to get there within a reasonable amount of time. It basically has to get there during the time the traffic stop would normally take; the stop cannot be prolonged just to wait for the dog.

[Oh Shoot]

Generally, a search of a vehicle without either the owner's consent or a warrant would be suppressible. Unless the officer sees something in plain view or smells it outside the car they're going to need consent or a warrant...

I wasn't thinking in terms of likely ultimate outcome in a court. Was only thinking of what happens right then and there if for whatever reason the officer really WANTS to search your vehicle. He's gonna do it, eh?

- OS

[Fallguy]

I wasn't thinking in terms of likely ultimate outcome in a court. Was only thinking of what happens right then and there if for whatever reason the officer really WANTS to search your vehicle. He's gonna do it, eh?

- OS

He may, but without consent, cause or a warrant, a good lawyer should be able to get it thrown out.

But many are good at "verbal judo" and can usually get you to consent.

[Guest thorn]

Correct. I have lived in CA my whole life...you can transport in CA, as long as its in the same condition that you would transport here if you didnt have your permit.

Gun locked in Trunk...ammo completely seperate locked in the glove box. (I would not have the mag loaded) 3 steps to "Go armed" Load mag, unlock gun, put mag in gun.

there ARE ranges all over CA, and LOTS of gun stores!!

aa Oh Shoot stated, you should be able to carry all the way to Nevada/CA state lines...

Have a safe trip!

Yes, seperate locked compartments. I can't remember what it is but I think there is something about loaded mags as well???

I wouldn't chance anything as an out of state visitor - you really can't even trust LEO to know their own laws but you can expect they will write you up for something if they've gone so far as to pull you over. I've moved cross country several times and have been pulled over in CA, AZ, and NM. CA "that Coke looked like a beer" AZ I can't remember exactly what he called it but something like "courtesy safety notice" and then NM I had a little non-commercial box trailer which does not require registration in TN but he still wrote me a ticket for no tags $150 attorney fee and $130 court fees. My stuff was searched each time

[323ssplt]

I stand corrected gentleman. You are all correct, NM DOES indeed honor our permit. I was either thinking with outdated information, or just plain ole had a brain fart:doh: More likely the latter

[Fallguy]

No worries...we all get them from time to time.

[DaveTN]

Im just telling you what a judge told us in our Politcal Science Class. He said dont give consent to search your vehicle make them get a warrant or provide probable cause. If they dont have a dog on the scene they cant make you wait for another unit to bring one. He said if they hold you to wait for a dog tell them you want to speach to their superior. Are there any Lawyers on this forum that can clear this up?

There has been much discussion here on this subject, but I can’t find the threads now.

Anyone…. Whether it be a Judge, Attorney, cop, or internet poster that tells you to refuse a request to search, or the cops need a warrant to serach your car without knowing the circumstances; is a simpleton.

From the time those lights come on behind you to the time the traffic stop is over EVERYTHING you say and do could have consequences.

Sure they can tell you…“Don’t allow a search, and don’t make a statementâ€. Are they going to be helping you get into College or get a security clearance with an arrest record? I’m guessin’… no.

I’ve searched and impounded hundreds of cars without a warrant.

Be educated. If you want to know what is going to happen on a traffic stop; ask a cop not an attorney (Preferably a cop in the area in question). If you want to know what s going to happen in court ask an attorney or a judge.