Re: BATFE Asks To See Your Guns?

BamaBrian <claypoolbrian@xxxxxxxxx> wrote in
news:h2ig6o$lnv$2@xxxxxxxxxxxxxxxxxxxxxxxxxx:

Lookout wrote:
On Wed, 01 Jul 2009 09:38:22 -0400, BamaBrian
<claypoolbrian@xxxxxxxxx> wrote:

Gray Ghost wrote:
BamaBrian <claypoolbrian@xxxxxxxxx> wrote in
news:h2d7b7$ovm$1@xxxxxxxxxxxxxxxxxxxxxxxxxx:

Lookout wrote:
On Mon, 29 Jun 2009 11:45:57 -0400, BamaBrian
<claypoolbrian@xxxxxxxxx> wrote:

Lookout wrote:
On Sun, 28 Jun 2009 12:37:50 -0400, BamaBrian
<claypoolbrian@xxxxxxxxx> wrote:

Lookout wrote:
On Sat, 27 Jun 2009 12:04:23 -0400, Zombywoof
<Zomby-Woof@xxxxxxx> wrote:

On Fri, 26 Jun 2009 07:45:12 -0500, Lookout
<mrLookout@xxxxxxxxx> wrote:

<snip>
A fellow around here came home one evening with his wife and
young son
from a day's outing. He was in another room with the boy
while
his wife
had gone into the kitchen. He walked into the kitchen to see
his wife sitting at the kitchen table with a strange
expression on her face - who then simply fell over, dead.
She was only 34 years old and in good physical condition.

He tried to revive her and had his son call 911. The
ambulance arrived and transported her to the hospital. The
police also arrived, and while the man and his son were
rushing to the hospital, searched the house. After the man
and his son returned from the hospital, the police were still
searching.

No evidence of drugs anywhere in the house or in the wife's
body; no reason for the death ever found in the autopsy. Yet
the man had to have his lawyer get the cops off his back.
Every suspicious death has to be investigated and that's a
good thing.

Sure does, but the investigation shouldn't begin until the
actual cause of death is known.
Wrong. The cause of death could take weeks or months to
determine. The investigation must start immediately.
BZZZT! WRONG! But thanks for playing.

By beginning an investigation before the cause of death is known,
you have declared that there is a guilty party and all you need
is evidence.
Bull***. You need the evidence when it's fresh.

But it is a point of American law that everyone is innocent,
unless proven guilty in a court of law.
That's a given.
Then you cannot search without a warrant, stating the reason for
the warrant and the items to be found.
You don't need a warrant to begin an investigation. In fact you
don't get a warrant UNTIL an investigation has begun and the results
given to a judge.

You have it backwards.
IOW, you need some sort of proof that a crime has been committed.

And what proof did the cops have that there was some wrong-doing in
the example I gave?

None. Zero. Squat. Scungeil.

The cops traded on the husband's distraught condition to get into his
house and go on a fishing expedition. They already knew that they
would not be able to get a warrant.

The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly describing
the place to be searched, and the persons or things to be seized.

Actually I beleive if someone expires suddenly who was not known to be
sick in any way and for which there are no visible trauma it is
usually ruled suspicious until some facts are in.
So if you should suddenly fall over and go pffft, your opinion is that
your wife should let the cops go on a fishing expedition through your
house?

Your wife doesn't have anything to say about it. An investigation
starts. Period.

I already told my wife that if I should die unexpectedly, she locks the
house and tells the cops to get a warrant.

They don't need one when there is a death.

Utter bull***.


And we have 'nothing to hide'.

You have no idea what you're talking about..just like so many others
in here.

And your law degree is from?



I think the stopped clock might be right. I beleive the term is exigent
circumstacnes. Not saying I am in agreement with it just that factually when
there is a death the immediate area is subject to "inspection" for clues as
to cause of death. If not by the police than by the ME.

And I am not entirely opposed to that, but it does sound as if the police
acted stupidly in that case. If the police had had any questions about the
circumstances I believe procedure should have been to secure the scene and
get the ME to make a call.

--
Always remember:

Bull Connor was a Democrat!
.

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