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FOIA request denied by Fairfax PD

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
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My original post is a direct interpretation of both federal and Commonwealth law. I wonder what case law there is out there to confirm that the words in the law mean what they say.

Yes there might be suspicion raised by covering the serial # with electrical tape, but remember a Terry Stop does not permit invasive searches, only those for officer safety. An officer may take and even unload a gun under Terry, but the tape does not threaten the officer. Removing the tape to further an investigation without a warrant wouldbe an unreasonable search.

I am just wondering about serial numbers because of thegun confiscationcases in Pennsylvania.Imagine if those serial numbers were not constitutionally available to the no good gun grabbers (or the damn BATFE).
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

Thundar wrote:
My original post is a direct interpretation of both federal and Commonwealth law. I wonder what case law there is out there to confirm that the words in the law mean what they say.

Yes there might be suspicion raised by covering the serial # with electrical tape, but remember a Terry Stop does not permit invasive searches, only those for officer safety. An officer may take and even unload a gun under Terry, but the tape does not threaten the officer. Removing the tape to further an investigation without a warrant wouldbe an unreasonable search.

I am just wondering about serial numbers because of thegun confiscationcases in Pennsylvania.Imagine if those serial numbers were not constitutionally available to the no good gun grabbers (or the damn BATFE).

Hmmmmm. It would certainly give you position to complain, it would seem.

I'm not sure how beneficial it would be beyond that. I'm thinking that all it would do is maybe get the gun thrown out as inadmissable if, upon serial number check, it turned out to be stolen. On the surface it would seem the evidence should be thrown out, but I'm not sure how a judge would rule on it.

Good job on thinking like a lawyer, though.
 
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