Legal Question in Criminal Law in California

Maglights In Motor Vehicles

I have been told by many different people, that upon being pulled over by police officers (mostly L.A. County Sheriff Deputies) they have confiscated their Maglights.

A Maglights are long flashlights often carried by police officers, and are sold to the general public also.

Is it against the law to carry such a flashlight in a motor vehicle? How can police confiscate private property yet not charge a person with a crime? (assuming that such flashlights might be considered as a concealed weapon)?


Asked on 11/04/03, 4:06 pm

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Maglights In Motor Vehicles

I've never heard of this practice, but that doesn't mean it doesn't go on. There is nothing inherently illegal about a Maglight flashlight or any other flashlight, but an innocent object may become a "deadly weapon" depending upon how it is used. Maybe you've been talking to some people who, when confronted by cops, hold their Maglights in a threatening or hostile manner. Are you sure that none of these people has had charges filed against them? That would justify the cops seizing the flashlights.... Have them all call me, and I can get to the bottom of this alarming rumor.

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Answered on 11/10/03, 12:08 am


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