Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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In the midst of national debate, Fair Oaks man faces gun charge

Most of our Roseville readers probably know that the nation was rocked by yet another mass shooting incident recently. And, predictably, this incident brought gun control legislation efforts back to the news headlines, even as our nation's leaders grapple with seemingly more problems than they can handle. It seems that this will be the way that the public policy debate about gun control will play out indefinitely, and for gun owners here in Roseville the debate probably seems to be thousands of miles away and much farther away from an actual resolution.

However, for one local man, California gun laws will have a much more immediate impact on life. According to reports from the Rocklin Police Department, the man, a Fair Oaks resident, was arrested on several different charges in Rocklin on September 10, including one weapons charge. Although the initial reports included scant few details, it appears that the police found the man sitting in a vehicle which they subsequently determined he had been driving. He apparently showed signs of intoxication, and as a result he was arrested for driving under the influence. Further, when the police searched the car, they reportedly uncovered two pistols as well as some ammunition. The Fair Oaks man will face charges of carrying a concealed weapon in addition to the DUI charge.

There are usually some constitutional implications to consider when police officers search a vehicle subsequent to an arrest. There are limitations as to what and where a police officer can search subsequent to an arrest, and there is a lot of grey area in this part of criminal procedure law. For this Fair Oaks man, his criminal defense strategy will likely begin with a detailed examination of exactly how the search of the vehicle was begun and then conducted by police. Any missteps could help in an effort to suppress evidence obtained in an unconstitutional search.

Source: Rocklin and Roseville Today, "Rocklin Police Arrest Man on DUI and Weapons Charge," Sept. 16, 2013

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