Some boneheaded local politician in Massachusetts wants to be able to send the local cops in to gun owners’ homes to “inspect” how their guns are stored. Perhaps this bozo hasn’t heard of the Fourth Amendment. You know, that bit in the Bill of Rights about a warrant being needed for a search.
The guy is a selectman in the town of Swampscott. I wonder how far that is from Lexington and Concord?
Swampscott, about maybe 16 miles east and slightly north of Lexington.
Once any, law enforcement official is invited into a premise or dwelling, everything becomes fair game. In fact, if the owner refuses, it is often asked of anyone in the background, because if they consent, the entry is lawful and nothing is fruit of the forbidden tree.
Once, freedom sprang from that region. Today, only liberal trash.
If the owner refuses, and someone else in the home consents at the same time, it’s not a lawful search. If the owner isn’t present and someone else consents- even if the owner has refused before- it’s a constitutional search.
For more info:
http://www.volokh.com/2013/11/05/fernandez-v-california/
Third party is allowed to permit access. Under Plain View Doctrine, anything within plain view that may give reasonable cause to believe or, probable cause has been upheld numerous times. People will be ranting the day after because when it hits the news sources, it will be a done deal, and everyone will yell but nothing will be done. I’ve gone to suppression hearings and none stood up. Anything within plain view, and third party invitation, holds, especially in certain surroundings like either public housing or rental units and houses. The State of Massachusetts wants everyone with a firearm to leave the state or surrender their weapons. Many states will follow. Fourth Amendment, as Second, and First, will be watered down and no fear of any teeth in the law.
Reblogged this on Brittius.com.
Reblogged this on Dead Citizen's Rights Society.
How far from Lexington and Concord?
A Universe.
While living in the UK, a police constable once knocked at the door of my rented house. He very politely asked if he could see where the firearm registered at that address was secured. There’s a law in the UK that licensed firearms must be kept in a locked container that must be attached to the structure of the building in some way. I replied that I was a renter and a foreigner for whom gun possession was proscribed, and that there was no firearm on the premises. The constable quietly withdrew. There was never a follow-up, either. No pre-dawn raid, no visit by the armed police, etc. Very civilized. This experienced underscored for me one value of the 4th Amendment.
Does this mean the government is afraid of the people or not afraid of them? Either way, its an ominous development that this was even suggested.
I would point out that these sorts of laws occur when the government is afraid of its people.
One hopes said selectman is made an object lesson…