Political Crossfire Forums

[lilwolf]

While many have wondered what to do if they come to confiscate your weapons, there has been little said about what your legal rights are. In my opinion the list of what to do and not do in the following article are dead on the money. Every one should at least read this. I have put in the high points and posted the link for all to read. :-D

What do you do when the police show up on your doorstep demanding the surrender of your militia weapons? In responding, bear in mind that you have two important rights guaranteed by the Fourth and Fifth Amendments to the United States Constitution.

The Fourth Amendment protects you against unreasonable searches and seizures. If the police want to search your house without your consent, they need a warrant. Warrants may only be issued upon a showing of probable cause, supported by an affidavit. The facts contained in the affidavit must do more than support a mere suspicion. The test is whether the information in the affidavit would justify a person of prudence and caution in believing that an offense is being committed, e.g. that "prohibited" weapons can be found on your premises. The requirement of probable cause for the issuance of warrants is one of your most precious constitutional protections. NEVER GIVE THE AUTHORITIES YOUR CONSENT TO SEARCH YOUR HOUSE, YOUR CAR, YOUR PLACE OF BUSINESS, OR ANY OTHER PREMISES UNDER YOUR CONTROL. Consent dispenses with the necessity of probable cause. While lacking probable cause, if the police conduct a search with your consent and seize evidence for use against you in court, your lawyer will not be able to suppress it on the basis that the search was warrantless.
The Fifth Amendment protects you against giving evidence against yourself, i.e., your right to remain silent. Just as you cannot be compelled to testify against yourself in a criminal trial, neither can you be compelled to answer a policeman's questions about that AR-15 you bought a couple of years ago and never surrendered. Don't be bashful about invoking this right. It's always better to remain silent and appear guilty than to open your mouth and prove it.

Never, under any circumstances, should you lie to the authorities. Simply exercise your right to remain silent. Don't try to snow them with phony bills of sale that can easily be checked out and used to impeach your credibility in court should you decide to testify. Above all, don't file a false police report that your guns were lost or stolen. Making a false report to a police officer that results in an investigation being undertaken is a criminal offense in Maryland. Remember, you are not a criminal. Your ultimate goal is to defend the Constitution.

Likewise, don't fall for any of the authorities' lies. Police love to play "Mutt & Jeff" (also known as "Good Cop - Bad Cop"). One officer comes across as a real hardcase, telling you about all the jail time you're looking at. After a few minutes of this, his partner takes you aside, offers you a cigarette, and in a friendly tone tells you that he "only wants to help you". He only wants to help you confess. Tell Mr. Nice Guy you want to talk with a lawyer. Another police tactic is to tell you that a friend of yours has confessed and given them a statement implicating you for all kinds of things. They're just trying to rattle your cage and make you blurt something out. Keep your mouth shut and let your attorney handle the police. If they really have such a statement, your counsel will be able to discover it. [Author’s note: In 1990 it was still legal to smoke in public buildings.]

If the authorities have a warrant to search your home, they might imply (sometimes none too subtlely) that if you do not come across with that they're looking for they will tear the place apart. Don't give in. Just keep your mouth shut. If you hand over your "prohibited" weapons, you've just given them all the evidence they need to put you in prison. Even if you fall for this scare tactic, the police may still trash your house. Although this is the rare exception, not the rule, such conduct is not unheard of.

http://www.secondamendment.net/2amd7updated.html