Just got drawn on and disarmed by LEO

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Tell me if this is even legal...

I just got a new apartment and the first day I was there I decided to use their workout room. Well aparently that night their flat screens got stolen and because I was the only one who used it that day they pointed at me. Anyways cops came to my door the other day and chose not to tell me or my friend all that, instead they persuaded my friend into coming into our place.heres how it started

detective -"hi hows it going can we come in?"

my friend- "ok.... if you can tell me whats going on"

det. - "we're doing an investigation on some stolen property"

so sure enough my friend lets him in because we have nothing to hide. when i hear the cops inside i come out with my pistol on my side. all 3 officers acknowledge that im there and dont think anything until one sees my sidearm. right when he sees it he draws on me so of course the others feel the need to draw on me. at this point i see 2 pistols pointed at my chest (i didnt pay attention to the other guy) and im trying to tell them to calm down but they refused to holster their weapons until they had my hands on my head, withdrew my weapon and cleared it.

now, at the time i viewed it as reasonable for "officer safety" but then i got to thinking that they basically pushed their way into my home, searched it without getting my (or my friends) full permission and drew their weapons on me and disarmed me. of course after they searched everything and found a completely empty apartment, tried to walk in the bathroom while my girlfriend was in the shower (after i told them she was in there) and threatened to take my weapon because under "state and federal law if you are under investigation they can seize my weapon for how ever long they want" theyleft and said theyll be back. thoughts?

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Never let the cops in your house. Don't answer the door if they knock. If they do come inside without a warrant unless they have PC to remain they must leave when asked.

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IANAL, but it sounds like they received their version of your friends permission to enter. He did open the door and let them in.

I suggest you let your friend know that the police are not to be let in without a warrant. As I'm sure you know, it's not about having anything to hide, but about not having anything to share with the police.

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oh yea i would never let LE in my house. I was in the back room. He (like most of society) thinks cops can just do what ever they want. So under law, if i were to tell them to leave while they pointing their weapons at me, do they have to?

and can anyone show me what law says that if a person is under investigation that LE can seize your weapons until they feel its "safe" to let you pick them up?

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r6-rider wrote:

and can anyone show me what law says that if a person is under investigation that LE can seize your weapons until they feel its "safe" to let you pick them up?

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I think the police are full of horse manure on that one, imo. but yeah, your friend gave them permission to search the house for items in PLAIN SIGHT whenever he let them in (items no in plain sight, inside of a drawer, etc. they can't search.

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there wasnt even that much permission. the detective held both of us in the kitchen with questions while the 2 LEOs searched the house and I did see one snooping through one of my unopened boxes

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r6-rider wrote:

and can anyone show me what law says that if a person is under investigation that LE can seize your weapons until they feel its "safe" to let you pick them up?

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I don't know a law, but if the cops are on private property and do not have a warrant or probable cause they must leave when told. Just because someone gave them permission to enter does not mean that permission cannot be withdrawn.

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r6-rider wrote:

there wasnt even that much permission. the detective held both of us in the kitchen with questions while the 2 LEOs searched the house and I did see one snooping through one of my unopened boxes

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You have to be clear with cops. If you offer them an inch they'll take a mile. The best thing to do is refuse entry. The second is video or audio record you telling them to leave and their response to your demand. Unfortunatelybad copswill lie on reports and supervisors and judges usually side with cops.

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buster81 wrote:

IANAL, but it sounds like they received their version of your friends permission to enter. He did open the door and let them in.

I suggest you let your friend know that the police are not to be let in without a warrant. As I'm sure you know, it's not about having anything to hide, but about not having anything to share with the police.

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Georgia v. Randolph, 547 U.S. 103 (2006) (if two residents are present and one consents but the other objects, the rights of the objecting party override the other party's consent.).

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yea thats why I was worried if I were to get shot, im going to end up with resisting arrest or attempting to draw on them or some BS story they would put together. being drawn on didnt bother me, its the fact that if I would of been shot im pretty certain they will peice something together to make them look like the good guys

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kwikrnu wrote:

I don't know a law, but if the cops are on private property and do not have a warrant or probable cause they must leave when told. Just because someone gave them permission to enter does not mean that permission cannot be withdrawn.

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United States v. Mosby, 541 F.3d 764, 767 (7th Cir. 2008) (if the officer receives consent to make a search without a warrant, the search does not violate the Fourth Amendment.).

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Thank you Doug I was wondering how that would of worked out. Good to know I can still keep the power next time someone lets them push their way in

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Without a search warrant, they may only visually look at the immediate area for illegal property. They cannot leave that room and cannot open anything up. If in the living room and they searched your bedroom--without specific permission to do so, and found an M-203 grenade launcher it would be 'fruit of the poison tree' and not admissable in court. You should have asked them to leave immediately, gun or not. Once they disarmed you, you should have repeated the demand.

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a. TheY are in your home
b. THEY ARE IN YOUR HOME
C. YOU ARE INNOCENT
D. IT WAS HOLSTERED, YOU DUMB MUDDER CHUCKERS !!!!!
E. TELL THEM WHAT THE F ?!!!! IT'S F_CKING HOLSTERED !!!!!! GET YOUR FREEEKING HANDS OFF ME !!!!!!!
F. LT is correct, 911 like right now , 3 cops are trying to kill me in my home !!!!!
D. AGAIN, TELL THEM to get the F out of your home RIGHT NOW !!!!!!!!
I . As they leave, tell them I CAN CARRY A GUN IN MY HOME ANYTIME I F_CKING WISH!!!!!!


Your not resisting, if you have not been placed under arrest.....


CALL LAWYER !!!!!!


No, do you all wonder why I dislike cops so much !!! Go ahead someone defend their actions...:X:X We live in a Police state, not a FREE country.

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Master Doug Huffman wrote:

buster81 wrote:

IANAL, but it sounds like they received their version of your friends permission to enter. He did open the door and let them in.

I suggest you let your friend know that the police are not to be let in without a warrant. As I'm sure you know, it's not about having anything to hide, but about not having anything to share with the police.

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Georgia v. Randolph, 547 U.S. 103 (2006) (if two residents are present and one consents but the other objects, the rights of the objecting party override the other party's consent.).

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One of them did NOT object.

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NavyLT wrote:

Once you tell them to leave and they don't, immediately call 911 and request the Sheriff respond to armed trespassers inside your house who are holding you hostage. If the cops interfere with your 911 call, they are breaking the law.

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I agree. Permission is not absolute and forever. You or someone else gives permission it may be rescinded. Think where a womangrants permission to have at it, but changes her mind during the act. Hospital patients who may have a DNR order can rescind the order at anytime. You loan your car to a buddy and he claims he doesn't have to return it because you gave him permission to drive it.

Unless there is a warrant or PC to remain on private property cops may not.

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Yet ANOTHER negative cop story...:banghead:

Am I surprised at all?

Can't even OC in your own abode in AZ of all places, without some JBT cops drawing on you. Age profiling too I bet. Too young, so you "look suspicious".

Can someone post that video about not talking to cops?

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One party invited the officers in. According to the story, the other party did not ask them to leave. So who was the one party to object?

On the seizure of the pistol: Can someone from AZ inform us as to AZ's law regarding officers taking weapons during a lawful interaction with a citizen for the officer's safety? Regardless of whether it was legal or not, drawing down on the OP was an over-reaction. Depending on AZ law, seizing the weapon may have been legal during the interaction.

I can't imagine that keeping the weapon, as the officer threatened, would be legal under the circumstances described.

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ANY occupant of a dwelling may protest the police entering without a warrant. If you voluntarily allow the police to enter your dwelling you have surrendered all your rights. They may then look through the entire dwelling and any contraband found can be seized and used against you. Never allow the police into your dwelling without a warrant.

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This is a shinning example of why you NEVER let police in your home without a warrant. It can ONLY hurt you. You're lucky these officers didn't shoot you 50 times because they "feared for their safety" since you were carrying.

NEVER let the police in your house.