More Insanity In Oakland, CA. - Page 2

More Insanity In Oakland, CA.

This is a discussion on More Insanity In Oakland, CA. within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Refuse consent? Only if you want them to return later with a warrant !...

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Thread: More Insanity In Oakland, CA.

  1. #16
    Distinguished Member Array coffeecup's Avatar
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    Refuse consent? Only if you want them to return later with a warrant !


  2. #17
    VIP Member Array deadeye72's Avatar
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    It seems unlikely that they would confiscate a gun from an adult, legal owner that could prove said ownership. The intent of the searches, as I understand them, is to check in the rooms of minors, when the parents are too scared or apathetic (or absent) to do it themselves.
    Jackson, MS was going to try something like that a few years ago, but they were going to do it through traffic stops and road blocks. They were going to take all guns to run them through the system and contact you when you could come pick it up, if they were legal. It hasn't happened yet thank goodness.
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  3. #18
    Senior Member Array Shadowsbane's Avatar
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    Quote Originally Posted by coffeecup View Post
    Refuse consent? Only if you want them to return later with a warrant !
    Happens all the time here if a police officer wants to search your car.

    "Sir do you consent to a search of your vehicle?"

    No...I do not...

    "Wait right here sir while we get a warrant then"
    Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.

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  4. #19
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    Quote Originally Posted by coffeecup View Post
    Refuse consent? Only if you want them to return later with a warrant !
    This is where the program could run into trouble. Refusing consent is NOT probable cause for a warrant, and the police should not take it as such. The only thing that worries me here - and it is easily preventable - is if the OPD uses refusal as a justification for more scrutiny, harassment, or anything else. If they say no, move on, and don't look back - these are simply citizens exercising their right to be secure in their homes from unreasonable searches, and it MUST be left at that.

    I have every expectation that OPD (and the other departments doing similar things) will do the right thing - if for no other reason than the fact that everyone is watching!
    A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.

  5. #20
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by OPFOR View Post
    I have every expectation that OPD (and the other departments doing similar things) will do the right thing - if for no other reason than the fact that everyone is watching!
    Everyone was watching in New Orleans, too, and not much could be done by each individual as the confiscations occurred. Many "eyes" is no guarantee. Simply witness what the fear of guns has caused law makers to justify in their minds. Here is where the laws need teeth (many and large), along with an iron-fisted refusal of the judiciary to tolerate crimes against the Constitution, 'cause "watching" hasn't seemed to stop the unscrupulous so far. I, also, look for the right thing to be done. But I don't trust that there will be zero criminal instances on the part of "authorities" simply because folks are watching.
    Your best weapon is your brain. Don't leave home without it.
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  6. #21
    VIP Member Array deadeye72's Avatar
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    Everyone was watching in New Orleans, too, and not much could be done by each individual as the confiscations occurred. Many "eyes" is no guarantee. Simply witness what the fear of guns has caused law makers to justify in their minds. Here is where the laws need teeth (many and large), along with an iron-fisted refusal of the judiciary to tolerate crimes against the Constitution, 'cause "watching" hasn't seemed to stop the unscrupulous so far. I, also, look for the right thing to be done. But I don't trust that there will be zero criminal instances on the part of "authorities" simply because folks are watching.
    +1
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  7. #22
    Distinguished Member Array kazzaerexys's Avatar
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    Quote Originally Posted by Shadowsbane View Post
    Happens all the time here if a police officer wants to search your car.

    "Sir do you consent to a search of your vehicle?"

    No...I do not...

    "Wait right here sir while we get a warrant then"
    Well, that's one of two things. It might be that the officer is trying to intimidate the driver into consenting to the search. This has been upheld in probably every jurisdiction as being legal, including lies by the officer to coerce a desired response.

    The second thing could be that the officer had probable cause in the first place and will actually get a warrant. It might be worth finding out in your state exactly how far the officer's power to detain extends. It's making me curious to find out how that works here, I must admit...
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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  8. #23
    Member Array Southtexas's Avatar
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    too damn funny, no disrespect intended to any law enforcement out there but if I am a bad guy or have some illegal activity going on I am saying NO THANK YOU, because I firmly believe in the 2nd as well as the 4th I am also saying NO THANK YOU, of course this will put me in the bad light of the officer doing the search, I dont care. I also swore an oath to defend the constitution, against all enemies, foriegn or domestic, when the police/township/county/decide my constitutional rights are less important than the safety of the sheep who dont stand up to protect themselves but expect me to lay down for their safety then All I have to say is NO THANK YOU. If you want to go get a warrant go get it, if it makes you feel safer to put me in the back of your car until it arrives you do that, but understand I will be filing a civil rights lawsuit, and even thought I hate the aclu they love cases like this.

  9. #24
    Member Array echo5tango's Avatar
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    Quote Originally Posted by Shadowsbane View Post
    Happens all the time here if a police officer wants to search your car.

    "Sir do you consent to a search of your vehicle?"

    No...I do not...

    "Wait right here sir while we get a warrant then"
    and that's when MY video camera starts rolling. if he can't come up with a search warrant in a "reasonable" amount of time, he better have a darn good reason for continuing to prevent me from leaving. and personally, if he hasn't gotten a warrant in 15 minutes, i'm asking for his shift supervisor or watch commander.

  10. #25
    VIP Member Array LongRider's Avatar
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    Quote Originally Posted by deadeye72 View Post
    Even legal gun owners that consent would be without their means of protection from the thugs.
    Isn't legal gun pretty much an oxymoron in The Peoples Republic Kalifornia?

    Quote Originally Posted by coffeecup View Post
    Refuse consent? Only if you want them to return later with a warrant !
    My guess thats pretty much the case. Not to mention that the peasants of The Peoples Republic Kalifornia are so used to goose stepping to the beat of Schwarzenegger drum that refusal is not an option they would consider even if they knew they could. After all the Fuhrer knows whats best for his children, right?
    To bad Kalifornia did not learn from Germany that having a Austrian immigrant as a leader is a bad idea
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

  11. #26
    Senior Member Array rmarkob's Avatar
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    Quote Originally Posted by coffeecup View Post
    Refuse consent? Only if you want them to return later with a warrant !
    Or if you believe in standing up for your Fourth Amendment rights.

    If they have Probable Cause to suspect you of a crime, they don't need your consent and don't have to ask for it. If they don't, they can go convince a judge to issue a search warrant.
    Clinging to guns and God in PA...

  12. #27
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    Quote Originally Posted by Southtexas View Post
    If you want to go get a warrant go get it, if it makes you feel safer to put me in the back of your car until it arrives you do that, but understand I will be filing a civil rights lawsuit, and even thought I hate the aclu they love cases like this.
    If it has to do with guns you will have a hard time getting the ACLU to represent you. They walk hand in hand with the Brady Bunch on gun issues.

  13. #28
    Member Array jackdog's Avatar
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    They want to search my vehicle or my home they will need a warrant period.
    Jack dog

  14. #29
    VIP Member Array edr9x23super's Avatar
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    As we head down the slippery slope...........
    "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry

  15. #30
    Member Array V65magnafan's Avatar
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    They already did it in Toronto, Canada. The Provincial Chief Firearms Officer and his agents can enter any place without a warrant if they believe more than ten firearms are on the premises.

    The Toronto Police allegedly asked the Ontario CFO to check on all gun storage of collectors over the age of 75. The owners could have said no and demanded that the agents get a warrant, but none did. Why risk getting your firearms confiscated? The court cases will probably outlive you.

    Whatever you do, make sure that you never give in to registration. The next step is confiscation.

    Re: Oakland. All these seizures will do is raise the price of illegal handguns. This, in turn, will result in even more crime.

    Good luck.
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