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Thread: Your rights after a self defense situation?

  1. #1
    Regular Member Lincoln7's Avatar
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    Your rights after a self defense situation?

    If you have to defend yourself/family while in your place of residence or on your property, what rights do you still have as far as them searching your residence? Can they search your (gun)safe? Force you to unlock it? It makes sense that they will search your residence as it is a crime scene but I am curious how far they can go with this.

    How about a defense scenario that occured in or around your vehicle (off of your property)? Can they search locked containers, gloveboxes, trunks, etc?

    Thanks

  2. #2
    Regular Member Lincoln7's Avatar
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    I've seen that video, as it is a good one to watch(and make you mad).

    But are you responding that it would be illegal for them to search a locked safe or that since a possible crime was commited (crime scene) they can search/confiscate/detain any items on site as they wish?

    Further, can one be prosecuted for not 'knowing' the combination or whereabouts of the key?

    Could you refuse entry into safe without presentation of warrant to search/seize the safe/contents?
    Last edited by Lincoln7; 12-25-2011 at 11:24 AM. Reason: more questions...

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    Thumbs down

    ...And people wonder why there are cop haters...

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    Regular Member SFCRetired's Avatar
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    I don't hate all cops, but I will tell you that there are very few that I would trust as far as I can throw them by the short curlies. If at all possible, I would try to restrict their access to only that area where the shooting occurred. That would, I know, be very difficult.

    This would be another argument for having a lawyer on speed dial who would be available when called. Then, you could call the lawyer first and then call 911 and ask for a cop to get the trash out of your living room. With luck, the lawyer would get there first.

  5. #5
    Regular Member Badger Johnson's Avatar
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    You have to understand what a LEO has to deal with.

    They have people trying to kill them. They have people trying to scam them, and lie to them and use any ploy they can (sex favors, extortion, threats). So, they end up having to look at people as basically scum.

    In addition they get no support or empowerment from above - their superiors are all working to further their personal gains, political ends and hogging the goods for themselves (extra duty, seminars, classes, perks). It's a wonder any of them are very 'nice'.

    I don't like their methods when they treat ordinary law-abiding citizens as perps, but I have a vague appreciation for their problems. I just try to steer clear of them.
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  6. #6
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    You have to understand what a LEO has to deal with. And by your response I'm inclined to think that you do not.

    They have people trying to kill them. They have people trying to scam them, and lie to them and use any ploy they can (sex favors, extortion, threats). So, they end up having to look at people as basically scum. Some of the people police deal with attempt to do those things. I will grant you that the majority of folks that cops deal with on a daily basis are more likely than not to be wilful violators of the law. Still, that does not excuse the police from treating those they interact with with both respect and respect for the law.

    In addition they get no support or empowerment from above - their superiors are all working to further their personal gains, political ends and hogging the goods for themselves (extra duty, seminars, classes, perks). It's a wonder any of them are very 'nice'. Some of the administrators may fit this description. But even if it did apply to all, that would be no exuse for police failing to respect both people and the law.

    I don't like their methods when they treat ordinary law-abiding citizens as perps, but I have a vague appreciation for their problems. I just try to steer clear of them.
    Would a change from "perp" to "suspect" make it better?

    And I too appreciate, as in am aware of and have an empathetic understanding for, the problems that police encounter in the performance of their job and how they are viewed and treated by friends, associates, and the general public when they are off duty. However, that does not excuse or condone overt disrespect towards people or the law. I know it's trite to say it, but if they cannot do the job without respect and integrity they need to find a different line of work.

    Returning to the OP's question - unfortunately there is little one can actually do to prevent a police officer from violating your 4th or 5th Amendment rights. Through the application of the rule of law one can mitigate the results, and can seek to punish the violator. All too often the cost of doing so stops someone from trying to do so. The sad truth is freedom aint free, and it costs an awful lot to try and maintain it.

    stay safe.
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