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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 09-25-2009, 11:03 PM
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Default what happens AFTER a search warrant is served on you...

for example, you are stopped and ask if you have any firearms in your car.

you say "nothing illegal in here"

cop says "i can get a search warrant..."

2 hours later, your car is being dismantled in the middle of a street...

3 hours later, cops find nothing and they leave. your car is a mess. stuff laying everywhere. may not even be driveable.

what now? cops dont have to return your car as it was before... right?
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Old 09-25-2009, 11:07 PM
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nope but you may have a lawsuit about probable cause
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Old 09-25-2009, 11:08 PM
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Are you citing an actual experience or a "what if"

There are too many variables here.
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Old 09-25-2009, 11:10 PM
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Well...I doubt they would rip up your seats and slash your tires unless a Narc dog gave them an indication........but an indication can be easy to make a dog do. And at that point, PC is all they need. They wont bother with a warrant.

So From experience, If you say "no" to a trunk search...forget the warrant, they just bring a K9...it "signals" and PC takes affect.

I doubt you will ever get money from the city or state to replace anything if they do vandalize your property in the process.
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Old 09-26-2009, 12:45 AM
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If they have PC to search a car, they're not going to bother getting a warrant.
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Old 09-26-2009, 12:55 AM
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Quote:
Originally Posted by snobord99 View Post
If they have PC to search a car, they don't need to bother getting a warrant.
Fixed it.

Is this question from experience, or television?
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Old 09-26-2009, 1:02 AM
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I think you need to get a lawyer, However, I do not know the specific's of the situation.
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Old 09-26-2009, 2:42 AM
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http://www.youtube.com/watch?v=6rDOPcCxHOI
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Old 09-26-2009, 10:03 AM
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Quote:
Originally Posted by ldivinag View Post
for example, you are stopped and ask if you have any firearms in your car.

you say "nothing illegal in here"

cop says "i can get a search warrant..."

2 hours later, your car is being dismantled in the middle of a street...

3 hours later, cops find nothing and they leave. your car is a mess. stuff laying everywhere. may not even be driveable.

what now? cops dont have to return your car as it was before... right?
I think you watch to much TV. LEO's are not going to waste the HOURS it takes to obtain a search warrant on any simple traffic stop. Besides a search warrant allows a "search" not dismantling or disabling.

Besides if there were grounds for a search warrant then the LEO already and enough probable cause to search your car anyway.
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Old 09-26-2009, 12:08 PM
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Quote:
Originally Posted by leelaw View Post
Fixed it.

Is this question from experience, or television?
I opted for they won't bother instead of they don't need to. Both true, but I opted for the former .
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  #11  
Old 09-26-2009, 12:29 PM
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Quote:
Originally Posted by ldivinag View Post
for example, you are stopped and ask if you have any firearms in your car.

you say "nothing illegal in here"

cop says "i can get a search warrant..."

2 hours later, your car is being dismantled in the middle of a street...

3 hours later, cops find nothing and they leave. your car is a mess. stuff laying everywhere. may not even be driveable.

what now? cops dont have to return your car as it was before... right?
Cops don't need a warrant to search vehicles. All they need to do is be able to articulate probable cause in order to search. The only time police officers need a warrant to search a vehicle is if the vehicle in question is a parked RV or camper if I recall correctly. At that point it becomes a residence.

Once we're discussing residences it's a different story. There are far too many variables here to discuss hypothetical situations. Your first move would be to contact your attorney. You may or may not have recourse, depending on what exactly went down.

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  #12  
Old 09-26-2009, 4:56 PM
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This is all hypothetical.

I'm just curious what are my options after a PC search or a warrant one.

So if they break anything are they responsible for it?

But if they just toss everything it's not their problem???
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Old 09-26-2009, 5:27 PM
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Can they really just hold you for two hours while they get a warrant? Seems like big 4A violations unless you're already a criminal with a record or something...
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  #14  
Old 09-26-2009, 6:04 PM
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a judge will not issue a warrant without p.c.
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