Police are going to far!!! - and now they are paying for it

[joegvb]

Again guys we need to know our rights when it comes to dealing with any law enforcement. Dont just comply with their every whim, take it upon yourself to know your rights and how to correctly deal with this process. Video cameras these days can be a life saver - they are everywhere now and most of us carry one with us everywhere we go - on your phone. Every time you encounter the police - film that bad boy - its not illegal and really now a days its your ammo against the police. Consider it your way of protecting yourself and tell the officer that when they ask why you are filming the "encounter", and believe me they will. Do not let them force you to turn off the camera!!!

The video below is of a woman who is having a garage sell and the police come on to her property because someone has called the police thinking she is selling real guns at the garage sell. Check out the video - just anther reason to know your rights!

SJPD attempt to raid our garage sale... they are kicked to the curb! - YouTube

Enjoy

[Dieval]

The video is a set up....it goes from a wobbling handheld cam that the daughter was using then flips to a steady cam for the rest of the video..... and I sure hope these people don't need the police anytime soon... I'm sure they know their rights too...

[joegvb]

If you recall in the beginning of the video - she did say it got better - and tell me the last time a policeman has actually helped you personally, and they may have - but regardless - the police are "peace officers" they are to obey the laws as well. Coming on to private property without a warrant is a violation of the fifth amendment, also since someone called in the suspicion of selling firearms illegally they are required to obtain a search warrant. Only if an officer arrives at a scene without any prior knowledge can he begin a search, but first must say he/she has probable cause. ( the probable cause being he sees the firearms that appear to look real) since he knew in advance he is required by law to obtain a search warrant. The people at the garage sell where just sticking to their guns.

[NoJingoLingo]

The video is a set up....it goes from a wobbling handheld cam that the daughter was using then flips to a steady cam for the rest of the video..... and I sure hope these people don't need the police anytime soon... I'm sure they know their rights too...

Whether it was a setup or not... they were right and the cop was wrong. Open and shut. From your attitude I'm sure everyone in your State sleeps easier knowing you're not their revengeful and negligent LEO.

[Dieval]

If you recall in the beginning of the video - she did say it got better -

Of course they did...it was a set up.

and tell me the last time a policeman has actually helped you personally, and they may have - but regardless - the police are "peace officers" they are to obey the laws as well.

'helped me personally' as in came swinging in on their bat ropes to come save me? Or do their normal patrols, traffic stops, swat calls, etc, etc?

Coming on to private property without a warrant is a violation of the fifth amendment,

"private property" where they're having a garage sale with weapons available to the public? You know it's illegal to sell arms from your garage, correct?

also since someone called in the suspicion of selling firearms illegally they are required to obtain a search warrant.

For viewing weapons that are out an exposed to the public during a public yard sale?

Only if an officer arrives at a scene without any prior knowledge can he begin a search, but first must say he/she has probable cause. ( the probable cause being he sees the firearms that appear to look real) since he knew in advance he is required by law to obtain a search warrant. The people at the garage sell where just sticking to their guns.

I'd say showing up and seeing weapons displayed for sale is probable cause to identify those weapons. They mentioned in the video that they were air-soft, so of course they backed off.

[Zeebadee]

What an obnoxious bitch. There are types of guns that are illegal in California, if they are in plain sight, I believe the cops have the right to enter private property to check them out based on the exigent circumstances exclusion. Air soft guns may easily be mistaken for real guns, so an officer acting under a good faith belief should have the right to check them.

In any case, the cops acted politely, threatened no one that I could see, and did not press the issue. Let the bitch file her complaint, nothing will come of it.

[BlackSheep]

The video is a set up....it goes from a wobbling handheld cam that the daughter was using then flips to a steady cam for the rest of the video..... and I sure hope these people don't need the police anytime soon... I'm sure they know their rights too...

Please explain how you felt they set it up. Are you suggesting that they are not real police or that the people who made the video called the cops with a tip to see if they would breach their rights?

The police have obligations and need to deal with the optics of the situation as well. If the people ho made the video call the police and need them the police will come, they might even come faster as they don't want to deal with more complaints.

What do you mean by the last statement "I'm sure they know their rights too" Is the "I" the police? If so what are their rights?

[BlackSheep]

"private property" where they're having a garage sale with weapons available to the public?

You are stating they had illegal weapons. If they had clear evidence of said firearms they would have probable cause. They clearly did not.

You know it's illegal to sell arms from your garage, correct?

Only pertinent if they actually were and the police had probable cause.

For viewing weapons that are out an exposed to the public during a public yard sale?

For entering private property.

I'd say showing up and seeing weapons displayed for sale is probable cause to identify those weapons. They mentioned in the video that they were air-soft, so of course they backed off.

If it was probable cause the cops would have stated that. They did not, they reiterated they had a complaint.

They clearly recognized them as not real from the curb or things would have been far more tense and they would have said they looked like real weapons.

[BlackSheep]

What an obnoxious bitch.

She seemed very civil to me.

There are types of guns that are illegal in California, if they are in plain sight, I believe the cops have the right to enter private property to check them out based on the exigent circumstances exclusion. Air soft guns may easily be mistaken for real guns, so an officer acting under a good faith belief should have the right to check them.

They clearly saw they were not real or they would have acted far differently. if they truly appeared to be real then that would have been probable cause.

The problem with good faith is it is impossible to measure. Cops focus tend to be stopping 'bad guys' and they often will breach rights in their attempt to do so. The big issue is their assessment of who is a 'bad guy'. Once they feel you are a bad guy their 'good faith' tends to evaporate.

In any case, the cops acted politely, threatened no one that I could see, and did not press the issue. Let the bitch file her complaint, nothing will come of it.

They did press the issue. They went through their stuff with no right.

You are right about one thing. Nothing will come of her complaint. There are very little people can do if their rights have been violated unless charges are aid the case goes to court.

In most cases when cops violate peoples rights nothing useful comes of it. Most of the time it is normal citizen's whose rights are violated. That is the big problem.

[Zeebadee]

They did press the issue. They went through their stuff with no right.

All the cops did was check out the guns, then they backed off. Do you really believe the cops wanted to go through a bunch of junk at a garage sale?

[BlackSheep]

All the cops did was check out the guns, then they backed off. Do you really believe the cops wanted to go through a bunch of junk at a garage sale?

I have no idea what they wanted to do. I only know what they did. They violated her rights. They entered private property without permission or probable cause.

[Zeebadee]

I have no idea what they wanted to do. I only know what they did. They violated her rights. They entered private property without permission or probable cause.

I suggest you check out the rules for exigent circumstances. If the cops observe what appears to be illegal gun sales, they have the right to investigate, even if it's on private property.