LAWYER: 5 Tips Whenever Cops Want to See Your Guns

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Can you refuse a police officer if he demands to see your guns? Well, it depends. Let's look at what might happen at your front door and what might happen if you get pulled over at a traffic stop.

Hampton Criminal Lawyers

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Arlington, TX Location

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I had cops stand on my porch once for over a hour while other officers were securing a search warrant . They finally arrived with the warrant and then destroyed my front door and roll up door on my garage. It was pretty destructive the way they entered and then placed me in cuffs at gunpoint and then started cutting open my gun safe as well as a floor safe in my bedroom. They were tearing my house up looking for drugs and cash as well as firearms. Finally they discovered they were at the wrong house. I tried to tell them they had the wrong house from the beginning. But they had no interest in the effort required to verify the addresses. I won a judgment of
$71, 891 for damages after a 5 year court battle

GorillaCookies
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My lawyer pointed to a large mouth bass mounted on his wall and told me “see that fish? If he’d would’ve just kept his mouth shut he wouldn’t be on my wall right now”
Best advice ever

martybeard
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Key phrases: "I do not consent to any searches or any seizures." "I want a lawyer immediately." "I do not answer questions." "I am invoking my right to remain silent." "Am I being detained, or am I free to go?"

JimHalpertFromTheOffice
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Back in the mid 70's. I did work at the border. I had no idea of protocol so I asked.
They told me that I would have to leave my vehical and an agent would take me to the work location.
When I got back to my vehical, doors wide open, tools scattered on the ground, pappers were blowing around in the wind, and my car seats were stacked up outside my vehical.
I was in shock. They tore my car apart, they did not give explaniation and would not help me put it back together. I was furious. Im here doing work for you and you destroy my car !
I called my boss, he came to the site and said we will never be doing work for them again. He also paid me for the time and parts to put my car back together.

garyschultz
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Interesting how they are so highly trained in violating our rights, yet so poorly trained in upholding them…😮

jmcrae
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This man is 100% correct about them tearing your car up. When I was 17, I consented to a search, and the officer yanked wires out of my amplifier, breaking the terminals, ripping the wires and RCA cables, flipped my subwoofers over on their face, puncturing one of the foam surrounds on the subwoofer, ultimately ruining it. I called the police department and they asked "did you consent to the search?". That was the end of the it. I consented. I've never consented to another search since then.

Steven-gvke
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NOTE about CONSENTING to search your car: I’ve heard of case where owner sued Police for damaging his car while they were searching it. The judge responded with “You gave up your rights when you consented to the search of your vehicle so you can’t sue for damages”. So that's another reason not to give a consent.

vulcan
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What I own is none of your business....what I buy is none of your business.... I never, never give consent ... this is solid advice....

alessandromatteo
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Great video with one add: NEVER step outside your door if Police show up without a warrant. Your rights change the minute you step outside the threshold of your home. Police will use all kinds of tactics to get you to exit your home. DO NOT!

konagolden
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The fact that the police can rip an innocent persons car completely apart, possibly destroying your property/car, for "suspicion" is insane and need to be treated like the crime it is.

axlesmith
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Knock knock
"who is it?"
"We just want to talk"
"are there two of you?"
"yes?"
"good, then talk to each other"

StuartHollingsead
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I was stopped on a highway for speeding and the state trooper asked if I minded if he searched my vehicle. "Of course I do !", I told him a bit resentfully. I think my answer sort of surprised him because I was assertive and didn't hem and haw about it (this was around 1982). When he asked why I minded so much I answered "Because this is America and we have a Constitution, and I swore an oath to protect and defend it (I was in the Army at the time). I was stopped for speeding and now you want to search my vehicle with no crime or warrant, so I do mind if you search it."
I don't know how he felt about my words, but I was respectful overall, and didn't swear or cuss him out. He told me about drugs being shipped in cars with out of state plates and then handed me my ticket and I was on my way. He was smiling as he turned and walked away, so it didn't go too badly.

TedBronson
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I was stopped while carrying here in NH and the officer asked if I was armed. I told him I was, what I was carrying and where, and told him I would comply with however he wanted to handle things. he smiled and said, "how about you don't show me yours and I won't have to show you mine?" I agreed. Verbal warning for speeding, no muss, no fuss.

ghostwolf
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1. DO NOT open door.
2. No warrant, no talk.
3. Call Sheriff and your lawyer.

Craig-zqbt
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A gun threat was reported at my daughter's elementary school. My daughter was named as part of the group walking during PE when this was "supposedly" said. The city police showed up at my house and demanded to see my guns and said that my daughter couldn't come back to school until they saw them. Turns out after speaking to all parties involved it never happened and was all over jealousy about a boy and my daughter had absolutely nothing to do with the conversation.

grjones
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Regardless of the situation ALWAYS RECORD EVERY ENCOUNTER WITH THE POLICE. IT IS YOUR RIGHT TO DO SO

tomthenavyveteran
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As a former veteran Law Enforcement Officer, I agree entirely with all of your recommendations.

bradparker
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In the states I travel to, as a CWP holder, I am required to state that I am carrying at the point he asks for ID. Never had a problem. Funny thing, a traffic stop in Florence, AZ, the cop stated that city policy required him to take my gun until the stop was over. I carried a 1911 cocked and locked. He struggled with it for 8 minutes before his supervisor showed up. He wrestled with it "trying to make it safe". When they finally got the actoin open, the chambered round fell onto the floor of the cruiser. After a warning for speeding, which I was doing, they returned the cleared gun and magazine. Several days later, I heard from a friend who lived there that the cop who stopped me was in trouble for having "unaccounted for ammo" in his car.

coldwarrior
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Thank you. If everyone was 100% aware of their Constitutional rights this country would be a better place.

mnewln
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What you forgot to mention is the logic behind the "consent to search" question. If they ASK for consent to search it means they DO NOT have probable cause to search.

gmjunkyard