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Police Attempt To Raid Garage Sale with AirSoft gear, Get Kicked To Curb (video)

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posted on Jul, 5 2012 @ 04:00 PM
reply to post by Masterjaden

You REALLLLLY don't understand this whole thing do you? A warrant shall not be issued without probably cause does not mean probable cause can't be acted on without a warrant, you do understand that right?

Probable cause can both lead to a search or an arrest without any warrant being issued depending on the situation. In this situation, probable cause lead to a limited search. Fact is, they were holding a yard sale, where an expectation of privacy can't really be held since it's essentially an open invite for anybody to walk up and check out your stuff. So there's NO coverage under the 4th amendment here on that basis alone. They have no reasonable expectation to privacy in this situation, and in a court of law, the case would be thrown out right there.

posted on Jul, 5 2012 @ 04:02 PM
reply to post by Shoujikina

If a person has chosen to live in the 'place' with these laws, I would think he would spend most of his time sitting in a jail or an the run. I have to see how this is over come at your link.

posted on Jul, 5 2012 @ 04:02 PM
I am not aware that it is against any federal law to sell legal firearms or legal weapons at a garage sale.
The police should been aware if they knew her and seen cameras in their face and could just ave simply asked if they were selling firearms.

posted on Jul, 5 2012 @ 04:04 PM

Originally posted by roadgravel
Isn't that if the item is illegal. But I bet if there were children in the yard that might be breaking some law concerning firearm safety and children.

"I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?

Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the; buyer is denied), must meet the normal firearm purchase and delivery requirements."

There was a call for firearm sales. There's a yard sale going on. From the road, items that are made to resemble firearms are on the table. What more needs to be said?

posted on Jul, 5 2012 @ 04:05 PM
wait when did ca set a 10 day wait and require background checks for bb guns? has it really gotten that bad since i was a kid....and i had always thought that to be considered a firearm it needed to use a chemical reaction to produce the energy to shoot the projectile(ie gun powder) hence why flame throwers are not federaly regulated and from my knowlege in airsoft from when i was younger most if not ALL airsoft are 6mm so it ca restricts sales of "bb guns" by caliber they might not fall under that clause either in the law this is what i found in regards to air rifles it appears that they need to get a certificate if they use co2 cartriges so gran dads ol daisy might be immune from this? this really blows me away that they are charging an "air excise tax" on air guns now too im soo glad i escaped ca and the notorious sj pd

posted on Jul, 5 2012 @ 04:08 PM

Originally posted by deadeyedick
I am not aware that it is against any federal law to sell legal firearms or legal weapons at a garage sale.

Being a resident of New Jersey, I have the unfortunate circumstance to know all too well that laws don't end at the federal level. Most restrictions come from the states, counties, and local government, not the fed. In my last post, I showed that California has laws against selling firearms without going through a licensed firearms dealer. In NJ, the law is both members must fill out a form and both must have firearms ID purchaser cards as residents of NJ. To sell otherwise would be illegal. Every state is different.

The people in this video clearly don't care about the law though, just causing a scene.

posted on Jul, 5 2012 @ 04:09 PM
without even bringing up the fact that this person is doing this on purpose just to post a video on youtube i would say i am happy the police showed up to verify the weapons were not real. yes it would be stupid for someone to sell something that looks like a machine gun at a yard sale but since the human race is known for its stupidity the police did the correct thing.

posted on Jul, 5 2012 @ 04:11 PM
reply to post by grimreaper797

May be next time they will hire an illegal immigrant looking person to stand in the driveway.
I bet that would really confuse things.

At every state border crossing there should be a law center and maybe a checkpoint test so travelers can brush up on all the different injustices that occur to us citizens.
It's really sad that we don't have some type of governing document that could be followed by all states.
edit on 5-7-2012 by deadeyedick because: (no reason given)

posted on Jul, 5 2012 @ 04:13 PM
reply to post by grimreaper797

That was my point, is there a law. Just having the guns there does not mean they are for sale or are actually being sold, But given a law, I would suspect the legal system would back up the officers ability to check out the situation since it was a yard/garage sale and there seems to be an implied 'for sale'.

posted on Jul, 5 2012 @ 04:14 PM
I have been to more than one garage sale where guns have been for sale, not a lot, maybe 3 in my lifetime. To the best of my knowledge that is not legal nor do I personally think it is a good idea. If someone called them and reported that, it is the officer's duty to respond. Looks like a trap to me given the group or whatever she said she was in. I agree that there are a lot of problems with law enforcement these days and people should be aware and informed. The stuff was out on the driveway beckoning people onto the property, come on people. This is getting a little ridiculous. Just let them do their job sometimes!
Being someone who lived in a neighborhood where certain neighbors called the cops constantly lying about other neighbors and making false reports weekly so much so that the officers got fed up and stopped responding to calls on our street. When someone called over a serious crime they didn't come, thinking it was just another wolf cry. The same people who were mad when they came over false reports were the same people mad and shocked when they didn't come. I'm willing to bet that they (the people in the video) would be equally pissed when the cops don't come when they have a legitimate cause to call.
These people have a right to have their sale and to kick whoever they desire off their property. But the person who called also has the right to make sure the neighbor isn't illegally selling guns at a garage sale in her neighborhood.
A simple, 'oh no officer, see, it's only airsoft, guess I could've put a sign by them so nobody would be alarmed, but it's nice to see that you are doing your job" would have been sufficient, thus allowing the officers to go on their way and maybe actually fight real crime or something. Not to mention what a nice example it would have set for the children. Would have been a 5 minute ordeal rather than making a spectacle of it all.
Peace & Love

posted on Jul, 5 2012 @ 04:14 PM
reply to post by VoidHawk

You're confusing brainwashed with understanding the limits of their "rights". Some people think they can get all ballsy just because they skimmed a copy of the constitution. They don't take the time to really read and understand not just federal law but state law/local law as well. Ignorance doesn't lead to an "empowered" populace.

posted on Jul, 5 2012 @ 04:16 PM
reply to post by roadgravel

That would be like having a rack of guns in a store without a dealer license then saying they can't prove that we we're selling them just because there's not a "for sale" tag on them.

posted on Jul, 5 2012 @ 04:21 PM
reply to post by Badgered1

I'll just go ahead and say you're wrong on this one, and I pointed out numerous reasons in my previous posts. He wasn't overstepping his authority at all. Your post was just loaded with BS and a lack of understanding. Your definition of crime was pretty funny. Crime is when you break a law. Period.

posted on Jul, 5 2012 @ 04:23 PM

Originally posted by grimreaper797
reply to post by roadgravel

That would be like having a rack of guns in a store without a dealer license then saying they can't prove that we we're selling them just because there's not a "for sale" tag on them.

Yes, I agree. They should have understood the laws in their state and been ready to prove they are not breaking any law.

posted on Jul, 5 2012 @ 04:24 PM

Originally posted by GoOfYFoOt
Not sure where this took place...I'm assuming some southwestern state.

Here in Florida, it is absolutely legal to sell an M4 styled AR15 at a yard sale. Why do some posters believe this to be an illegal practice worldwide?

Wouldn't it be nice if people actually knew what they were talking about before drawing conclusions and bashing folks for no legitimate reason?

Because San Jose is in California, and in California this practice is illegal.

posted on Jul, 5 2012 @ 04:32 PM
reply to post by Xcathdra

do you have a source for .177 being regarded as a fire arm as i couldnt find anything on the atf website is it a separate ca code or what? a851396637/2/hilite/ i think this might answer my question as i guess it was amended to include bb guns in the local laws of ca
edit on 5-7-2012 by KilrathiLG because: (no reason given)

posted on Jul, 5 2012 @ 04:34 PM
I think the part that I found the funniest was the fact that it was pointed out to be an apt building which mean it is not in fact their private property.

However, I do want to point out that I do not see where the police in this situation did anything wrong. It sounded more like the woman holding the yard sale had a issue with that particular police officer and the police in her area in particular. I agree that cops do not have the right to enter your home, car, etc without permission or a warrant. On the same note if you were selling drugs, guns, or committing some other crime in your front yard, and the cops respond. I seriously doubt that being on your private property is very relevant anymore.

There are bad cops in the world, but there are also those that spend entirely to much time trying to make even the good cops look bad.

posted on Jul, 5 2012 @ 04:36 PM
This is really nothing,more like a stupid set up for youtube hits.

Coulda been cool about this and they would on they were in less than 2 minutes.
Probly she got a ticket for expired tabs and is on a vendeta.

Funny,they let someone step onto there propperty(private) and probly had them call the police as a setup.

This is more than a obvious stupid set up.

Get some of you far far lefties with a badge we would not need jails.

One can make a bogus police report and the cops do come to check it out.. DUH.
Nothing new here.

What about when neighbors who call on doestic violence and a women or child being beaten?(either heard or seen)

I think the woman who made this is no beacon of light, and has a grudge.

Yes,its sad we all dont live in a Mayberry these days.

Alot of cops get bitten,spit on,stabbed from sick evil people.
Society is getting more evil now,look at all the sick scums who do crime.

I myself wish we had more Dirty Harry cops!

If you dont like the cops, then make sure you dont break the law, and dont call them if you are being raped,they might hurt the guy raping you?

Cops are people to and do 10 fold more good than a few cases where we catch a few that are bad.
It comes down to us to!
Bad doctors,to the general workplace,sick citizens who always walk and abuse others.

Maybe some of you should apply to be cops instead of always crying about them?

Complete bogus video.

posted on Jul, 5 2012 @ 04:49 PM
This video made me sick. She sounded like a parrot "private property, private property" and it's obvious she trolled the police. She even said she's in "cop watch" and was ready to have it filmed. I bet one of her buddies even called into the police to inform them about it just so they can set them up.

I've more to say but I always post on topics late so not many will read it anyway.



posted on Jul, 5 2012 @ 04:55 PM
What a ridiculous setup...
Those officers actually handled it quite well - they weren't trying to beat anyone down or strip search them without cause or randomly detain people...

All they were doing was responding to a call - There are so many other occurrences where there are truly problematic LEO interactions out there - why don't we discuss some of those?

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