Unconfigured Ad Widget

Collapse

LEO wants to come in and check out my house after finding out were gun owners.

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • #61
    lorax3
    Super Moderator
    CGN Contributor - Lifetime
    • Jan 2009
    • 4633

    Make sure the wife understands to always say no to a warant-less search of your home. Places like the living room and (shared) bedroom are common property and she can give consent to search.

    If you are not home and someone asks her for consent, make sure she does not give it. Since you two are married, she can give consent to search just about every area in the house. No need to let someone go through your things because your wife thought she would do the right thing by "showing the nice officer that my husband isn't a gun nut".

    Does not matter if you the house is in your name, and not hers. She lives there, she can consent to a search.
    You think you know, but you have no idea.

    The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

    Comment

    • #62
      anthonyca
      Calguns Addict
      • May 2008
      • 6316

      Don't ever let any LEO into your home or car without a warrant.

      How easy would it be for this LEO to get a warrant? There was a thread on calguns where the police were called on a calgunner for looking at CGN on a college computer. The student was pulled from class and would not give consent to search his bag. The LEOs were able to secure a telephonic search warrant and of course found nothing. Could this LEO do the same? If not, how far would he have to stretch the truth to get a warrant
      https://www.facebook.com/pages/Union...70812799700206

      Originally posted by Wherryj
      I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?

      Comment

      • #63
        chris
        I need a LIFE!!
        • Apr 2006
        • 19447

        Originally posted by taperxz
        I am also very surprised that you are building a rifle when you have no concept of the laws involving that rifle. DO YOUR RESEARCH FOR YOUR OWN GOOD!!
        it is you that is not aware of the law. do some research for yourself before posting something like this.
        http://govnews.ca.gov/gov39mail/mail.php
        sigpic
        Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda.
        https://www.youtube.com/watch?v=Z6Dj8tdSC1A
        contact the governor
        https://govnews.ca.gov/gov39mail/mail.php
        In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend.
        NRA Life Member.

        Comment

        • #64
          dantodd
          Calguns Addict
          • Aug 2009
          • 9360

          Taperxz that was the post I thought was our of line. Thanks for recognizing that it was not appropriate. I consider it dropped.
          Coyote Point Armory
          341 Beach Road
          Burlingame CA 94010
          650-315-2210
          http://CoyotePointArmory.com

          Comment

          • #65
            dieselpower
            Banned
            • Jan 2009
            • 11471

            First off, the neighbor does in fact have a RIGHT to look at your guns IF you give it to him. There is no law that say I, my wife, your BIL, your mom, my mom or a guy who lives next to you can't ask to see your firearms.

            I also hate to tell you this.... (I really do hope your BiL and wife now understand this). LEO now have all that is needed to start an investigation of your family. Both your wife and her brother told a Officer you were building AK47s and have many firearms.

            I can bet you, he has already spoken to his supervisors about this.

            Search warrants have been issued on much less then this. A 12 year old told his teacher "My dad makes all his own guns" That was told to the School Principal, who called the police, who went by the home, we were told they were not welcome, who then got a judge to sign a warrant. 2 years later the guy still hadn't been given all his guns back. I read this story in the Rifleman.

            Another story I read. A homeowner came home to find his front door bashed open and a warrant taped to the door with a note, "yourtownPD has removed all your firearms, please come by the station to answer some questions." He had been on vacation for 2 weeks, the home was left unlocked, with a broken door for over 4 days. After 6 months and several thousand dollars he finally got his firearms back....but NEVER found out what was used as evidence to get the warrant. When push came to shove on that issue, the case was dropped and he got his property back.

            Comment

            • #66
              taperxz
              I need a LIFE!!
              • Feb 2010
              • 19395

              Originally posted by chris
              it is you that is not aware of the law. do some research for yourself before posting something like this.
              No need to beat on a dead horse. I meant to imply there was no need to put a BB on a featureless build. The law works both ways and the OP did not need to go overboard and put a bb on his rifle for the sake of an over zealous LEO and it is just my opionion.

              Comment

              • #67
                CSACANNONEER
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Dec 2006
                • 44092

                Originally posted by dantodd
                Taperxz that was the post I thought was our of line. Thanks for recognizing that it was not appropriate. I consider it dropped.
                +1
                NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                California DOJ Certified Fingerprint Roller
                Ventura County approved CCW Instructor
                Utah CCW Instructor


                Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                sigpic
                CCW SAFE MEMBERSHIPS HERE

                KM6WLV

                Comment

                • #68
                  rkt88edmo
                  Reptile&Samurai Moderator
                  CGN Contributor - Lifetime
                  • Dec 2002
                  • 10057

                  Originally posted by cmichini
                  How about a letter to the Chief LEO to inform him that his rookie cops need to go back to school and get familiar with the 4th amendment of the constitution, and they may also benefit from a review of the first, and second amendments as well.
                  Thats what I was thinking, after the pound sand part.
                  If it was a snake, it would have bit me.
                  Use the goog to search calguns

                  Comment

                  • #69
                    dieselpower
                    Banned
                    • Jan 2009
                    • 11471

                    I love the fact people think a Police officer doesnt have the right to ask to see firearms...LOL

                    Comment

                    • #70
                      bwiese
                      I need a LIFE!!
                      • Oct 2005
                      • 27621

                      Originally posted by dieselpower
                      I love the fact people think a Police officer doesnt have the right to ask to see firearms...LOL
                      Yes, but he should be so overwhelmed with "No, F-U" answers from people who are smart enough to know - and assert - their 4th & 5th Amendment rights -- so much so that the answer is predictable and boring and he stops answering such questions.

                      [It's quite interesting that some subset of cops seem not to realize the converse either and talk a lot about matters that could generate trouble for them.]

                      Bill Wiese
                      San Jose, CA

                      CGF Board Member / NRA Benefactor Life Member / CRPA life member
                      sigpic
                      No postings of mine here, unless otherwise specifically noted, are
                      to be construed as formal or informal positions of the Calguns.Net
                      ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                      employer. No posts of mine on Calguns are to be construed as
                      legal advice, which can only be given by a lawyer.

                      Comment

                      • #71
                        WTSGDYBBR
                        Senior Member
                        • Jun 2010
                        • 2159

                        Originally posted by dieselpower
                        I love the fact people think a Police officer doesnt have the right to ask to see firearms...LOL

                        Police do have a right to see your firearms . Police can search your car with out a without a warrant if there is Probable Cause. Police do need to get a search warrant to raid your house. If there is Probable Cause they main enter on there own free will. But with out a search warrant and with out a witness any evidence will be dismissed from court. "Probable Cause" is the issue. Did Bob or Joe say he was making firearms to sell ? This may be the issue in this case. Tell you the truth let it blow over. If you run into the rookie and he ask explain to hem what it is you do. Also correct hem with the current laws on making home made firearms.
                        Last edited by WTSGDYBBR; 11-07-2010, 1:49 PM.
                        sigpic

                        Comment

                        • #72
                          RobG
                          Veteran Member
                          • Dec 2006
                          • 4887

                          The big issue I see is your wife and BIL have big mouths and need to keep them shut about business that does not pertain to them. If said LEO shows up, tell him to f*ck off and get a warrant.

                          Comment

                          • #73
                            Sniper3142
                            Veteran Member
                            • May 2004
                            • 2579

                            To the OP...

                            First, TELL your wife to NOT let ANY LEO (in uniform or out) into your house without a warrent.

                            Second, change the combination on that safe to one your wife DOES NOT know (since she's already shown an inability to listen and follow instructions).

                            And third, contact this LEO neighbor and tell him in no uncertain terms that he is NOT welcome in your house.

                            And lastly, you might want to ***** slap your brother in law.
                            Internet Talk is Cheap

                            Man Up, Show Up, or Shut the @#$! Up.

                            https://www.youtube.com/watch?v=C74HgbjSCLM

                            Comment

                            • #74
                              lorax3
                              Super Moderator
                              CGN Contributor - Lifetime
                              • Jan 2009
                              • 4633

                              The term you are looking for is "Probable Cause"

                              Originally posted by WTSGDYBBR
                              Police do have a right to see your firearms. If there is propel cause they main enter on there own free will.
                              Even with probable cause they usually still need a warrant to enter a home. In most cases only under exigent circumstances may they enter your home without a warrant. Exigent circumstances include responding to an emergency, or chasing a BG who happens to run into your home.

                              Originally posted by WTSGDYBBR
                              Did Bob or Joe say he was making firearms to sell ? This may be the issue in this case.
                              Just hearing that 'so and so is building firearm' would probably not be nearly enough to justify entering your home. However taking that information to a judge may (unfortunately) be enough to get a warrant.
                              You think you know, but you have no idea.

                              The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                              Comment

                              • #75
                                thrasherfox
                                Senior Member
                                • Nov 2010
                                • 2319

                                Didnt read all the posts.

                                This is why I try to say very little, pretty much my family members dont even know what I have. And what they do know I tell them it isnt anyones business so they are not to be telling their friends, or other family members etc.


                                I try to live by the rule that keep everything to a minimum. Including what you tell anyone.

                                One of the reasons I give my kids is, lets say something did happen outrageous, natural disaster, terrorist strike, whatever. anything that impacts food and water supply will eventually cause people to start scavenging. when people start scavenging, if necessary living supplies like food become scarce, some people will start taking from those that are weaker. In order to do this they will look for advantages.

                                While I don't "think" anything like this will occur in my lifetime, if it does I don't want people thinking I have anything that would give them an advantage. I don't want to become a target.

                                So, the less people know about what you have, the less drama and crap you have to deal with.

                                Just my opinion.
                                1 Peter 3:15

                                But in your hearts revere Christ as Lord. Always be prepared to give an answer to everyone who asks you to give the reason for the hope that you have. But do this with gentleness and respect

                                2 Corinthians 3:3
                                You show that you are a letter from Christ, the result of our ministry, written not with ink but with the Spirit of the living God, not on tablets of stone but on tablets of human hearts.

                                Comment

                                Working...
                                UA-8071174-1