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

Originally posted by JBlitzen
reply to post by Sek82

 

Probable cause of what? Is it illegal in CA to conduct a private sale of firearms?

Yes it is...

In order to buy a gun in California you have to obtain a firearm safety certificate.

In order to sell a gun you must be a licensed dealer.
There is a mandatory 10 day waiting period to buy a gun under California law.
The guns sold must meet Californias laws on type of gun / accessories that go with it.

State law also requires paperwork be done to track the sale and or purchase of a gun.

As is the same with businesses who sell liquor / firearms / etc, they agree to inspections to ensure they are complying with all applicable state and federal laws.

Even if they were illegally selling guns the officers could have seized the items, as well as the people running the garage sale, they could have secured the residence they lived at and waaitd a search warrant, all without violating any laws or civil rights.

The call about guns being sold is a valid reason to respond and find out whats going on. Depending on the airsoft types (.177) its entirely possible the sale of airsoft guns falls under California law as well.

The entire incident could have been resolved had the "property owners" not baited the officers by acting like a bunch of no talent ass clowns. Let them check the airsfot guns and move on. Instead they dragged it out and increased the confrontation level.

The cops were within the law, a subject the guy and lady arguing with the police know nothing about.

How sad is it that people have to start organizations that try to fight back against corruption of the police. The one entity that has special rights under the law so they could keep you safe are actually becoming one of your biggest enemies.

Originally posted by pikestaff
Perhaps the people selling the airsoft items could have done a better job by asking the police to stay on the sidewalk while the vendors carried the airsoft items to the police so the police could verify airsoft items? I would think both parties could be happy with that? why upset local police that badly, I bet there's going to be a grudge match.

Honestly speaking that is not an option either. At this point the officers only have reports of guns being sold, and as we can see on the video they are in plain sight with people around it. Since its not known if they are real or not, since they dont know the people they are dealing with or not, having them walk a "gun" to an officer is a no go.

We can play the what if game on this one so I wont go down that road as it only pisses people off. If I pull someone over, and that person pulls into the driveway of a random house, the officer is not trespassing nor is he violating the rights of the property owner. Even if the owner comes out and tells them to leave, the officer does not have to comply.

If I am chasing a person who runs into a random house, I am not required to get a warrant or even stop. I can continuye chasing that individual into the house, regardless of who it belongs to.

If I go to stop a car and they speed off, crossing state lines, I do not have to stop at the state line and continuing thepursuit into another jurisdiction does not violate and laws or civil rights.

Under agreements if a Canadian Police officer is involved in a pursuit and crosses into the US, they are allowed to continue their pursuit without violating any US laws or civil rights of any individuals.

The officers were not trespassing...
The officers did not violate anyones 4th amendment...
The officers did not violate anything under 42 USC 1983.
The officers were within the law, where as the people who confronted them have no idea how the law works.


And to clear up the sensational headline the articles are using, this was not a raid.


ETA - Copwatch

Airsoft is a very sensitive subject.
There is almost no visual difference with a real assault riffle. Only the weight and a few details plus the fact of being banned from many countries. If they were selling Pokemons I could understand the zeal but investigating airsoft equipment is not being overzeal, it is not a toy, in fact without adequate protection it is a dangerous weapon. Go to the grocery store with one of these litle riffle replica. Leave it on the backseat of your car and either A) An officer will be waiting for you when you come back or B) It will be missing, stolen.

My diagnosis.
Bad idiot suspicious neighbors.

reply to post by Ben81


I feel like that cop was genuinely concerned, and not just being a dick.
Which is rare.

So why would you push that?

I'd rather let the cops know Im not there, and selling guns illegally.

Of course, Im not objecting to her rights. Of course she had them. (Why is it always about 'rights' srsly.)

Originally posted by JacKatMtn
This was a complete overreaction by the folks holding the sale..

Someone called the police, (who hasn't had a nosy neighbor), and they thought that there were weapons being sold...

The Police respond, show up, to check the sale.. the sellers had nothing to hide, and this would have been done in a minute flat, if they just let them verify that no firearms were for sale. Once they saw that it was airsoft stuff, they would have thanked the sellers for their time, logged the info, and moved on..

It's getting ridiculous these cop bashing events.. :shk:

It almost seems like the cops were set up. Crap, it's a garage sale, with the stuff being visible from the street.Although I can see both sides here, it sure seems like the intent was to ambush the cops.

Originally posted by Ben81

Originally posted by Sek82
Okay Ben I like your threads but this one... I'm not taking the bait.

So they are selling Airsoft guns, no big deal once that is known. But they could very well be real M4s from a distance, can they not? They got a call from some other concerned citizen and are just responding to it.

So residents are holding a Garage Sale, and when a cop steps up to check out the wares, the "Private Property" card gets pulled and I'm supposed to side with the idiots selling this stuff?

This can be compared to that guy who was questioned by police while carrying an arsenal of weapons, you are right. They are trolling for police response just to put it on YouTube while crying about their rights being infringed upon.

apparently they had a complain .. neightbors ?
or its just a lie from the cops

some airsoft guns can look like real guns
but nobody is that dumb to sell real guns in a garage sell

the cops are not dumb either .. they knew it was airsoft gear but wanted to search anyway

REALLY? You think people just dont sell weapons out in the open like that? WHAT FREAKIN PLANET DO YOU LIVE ON? Use YOUR BRAIN beside using it to hold your ears apart. I FOR ONE would like the COPS to DOUBLE CHECK what is REALLY being SOLD.

All caps for you not so smart people siding with this family.

OK, I'm usually one of the first people here to rag on cops when they do wrong, but this lady was being a bit of a jerk. Yeah, I'm sure the cop was lying when he said there was a call about them selling guns. But the lady was a bit too quick with the whole "private property" thing. I mean, you're having a garage sale, you want people to come up and have a look at what you have for sale. I would have said, "You want to take a look? Sure! See anything you like? Make me an offer."

I would have had a little fun with the guy:

"Say, you look like a man that could use another Justin Bieber CD. Only $1.00"

"Too bad. Earlier I had a 'Legalize Hemp Now' T-shirt that would have fit you perfectly. I sold it to the guy two houses down the block, along with an indoor grow light."

"Could I interest you in some pink fur-lined handcuffs for you or your, uh, significant other?"



The worst things I saw the cop doing were lying about getting a call, and leaving the door open on his patrol car. It would have been blocking traffic, and someone could have reached in and stole something while he was checking out the sale.

Since they received a call about weapons being sold and they have what appears to be weapons in plain sight in view from the street in an open garage, the law enforcement can make that check. If the garage was closed and the same call was made, different story. From a distance and even up close they look real and this is what you would call an emergency search. If that was me, I would have searched too and this is prefectly legal and the courts would agree. There are times where a search of a residence does not require a search warrant and this is one of them. The video clearly establishes this

reply to post by James1982


They look like a real firearm and its up to the officer to investigate to determine if this is true. Which eventually did happen but he did nothing wrong and needs to control the situation of he has a real risk of being shot. That officer has no idea what he is dealing other then he sees what appears to be assault rifles in the garage for sale. I would have moved them away from the rifles until I determined they were or were not real. Its officer safety

Looks like some kind of comedy show to advertise a domain name.

$$$...cha ching.

Sounds like both sides acted like idiots, and thereby intensified the situation. The woman had no right to complain - it was a yard sale, and unless she's saying that police officers aren't allowed to buy stuff from her yard sale, her pulling the "private property" card is just retarded. On a side-note it's also understandable that the cops be a bit tense seeing what could very well be real weapons.

On the other hand, the cop should've used a bit more subtlety. Saying you were just looking at what she was selling would have worked way better than waving his badge around and pissing her and her family off and making a big deal out of something that needn't be a big deal.

In the end, it's a waste of tax payer money, police resources, Youtube bandwidth, and my attention. People need to stop being so whiny and prone to making themselves martyrs like this. And police need to start learning to work with a bit of subtlety when they are in contact with ordinary citizens. Trust me, doing these two things would be for the greater benefit of society as a whole.

reply to post by Ben81


Assuming this is the U.S., we are still under the Patriot Act, right? And selling firearms could be considered a terrorist act, couldn't it? I really don't know. But, if so, these cops could not only come on the property they could have arrested these people and help them forever. Scary!

Originally posted by VictorVonDoom
The worst things I saw the cop doing were lying about getting a call,

Please provide the link to your source that they never recevied a call.

SJPD - Calls for service - incident occured Sunday July 1st - afternoon

Originally posted by VictorVonDoom
and leaving the door open on his patrol car. It would have been blocking traffic, and someone could have reached in and stole something while he was checking out the sale.

Or maybe its possible he figured they were selling bb guns and did not plan on staying that long. Its possible he was going to do a quick check to confirm if they are real or not and then leave. It would have been resolved quicker had the cop baiters had not spent so much time spouting on about laws they know nothing about. Its also possible he did it for his own safety as there were guns out in plain view, people were looking at them and the officer has no idea at this point if they are real or not or if they are loaded or not.

There are exceptions to the 4th amendment - A few of them
* - Search incident to arrest
* - Consent
* - Curtlidge
* - Plain view
* - exigent circumstances

While trying to find more info on the incident I came across a longer explanation she gave. She actually quoted parts of California's gun laws while leaving out one important part - A person must be licensed dealer in order to sell firearms.

Now on that note, we SHOULD be able to sell ANYTHING we want but in California, you must do a transfer / 10 day wait at a government approved gun dealer. Now, it is NOT a crime to have all your REAL guns laid out for sale and allow people to look at them and commit to buying them and follow up at a gun store later. So either way, he had NO right to come on our property and check our guns. So probable cause goes out the window

She is a member of copwatch as well as copblock.

Her view point -

We do not call the police, we do not talk to the police, we only film the police. Many years ago I used to think that most cops were good. After all, I was brainwashed to believe that they were here to protect you. It started in kindergarten with a visit, it ended when I was held at gun point by these thugs for open carrying my gun without a permit (which was legal until the beginning of this year). Since then, I found Copblock and Copwatch and began taking ‘Know Your Rights Classes’ and got really pissed off that I actually believed the lie.

I began filming EVERY encounter with the police. Even if I was driving by and saw them out with a citizen, I would film them. The more I did this, the more my eyes were open to just how corrupt and vile they really are. I have been threatened, harassed, our property taken and on one occasion, almost set up for a felony by one of San Jose’s finest. All while LEGALLY exercising my rights.This is WHY I record EVERY encounter. It has been what saved my ass.

Protect yourself from these thugs. Don’t call them. Don’t let them on your property. NEVER consent to searches. Record any encounter you have with them, learn your rights, exercise your rights and don’t let these thugs rape you of your personhood. You are more powerful than you know.

Yeah.... all those classes and she still has no clue how the law works.

I have seen info where they were in an apartment building area. Regardless of their status as residents a private parking lot that is open to the public does not preclude officers from entering the property, either on foot or by car. If they are not the property owners of the complex they cannot tell an officer they are trespassing as they dont have that authority.

Based on her activities on the 2 sites and her comments I stand by my comment that she is a professional cop baiter and nothing more.

California AG - New and Amended California Firearms Legislation

Originally posted by mee30
reply to post by Sek82

 

No mate, the douches that called the cops wasted police time! These people in the video didn't ask the cops to come okay! Why do you hate law abiding citizens so much?

Cops did the right thing, those attention seekers are dumb folks who might find it strange that cops are supposed to protect us. And yes, law abiding citizens probably called those cops to check what might look like weapons sale, cops responded as they should, but instead being offered explanation were actually pushed imho.

Wonder when any of those in video really need cops for anything will think about how stupid they reacted this time...

Originally posted by Kangaruex4Ewe

Originally posted by Ben81

but nobody is that dumb to sell real guns in a garage sell

When's the last time you went yard/garage selling in the south??

Amen to that.
I don't think the cops were out of line, they do have a right to check, end of story.

reply to post by Ben81


if you enjoyed that you'll really enjoy this..this guy knows his rights and owns 5 police officers heres link www.youtube.com...

omg this one is even funier guy calls police "iluminati scum"

youtu.be...

wow ppl do the craziest things

reply to post by jiggerj


The Patriot Act is irrelevant in this case and has nothing to do with it. Firearm reported in plain view, with a garage sale, and the firearm which turned out to be airsoft right at the entrance to the garage. That officer can conduct a search without a warrant.

If the garage door was closed and the officer responded, different story and a warrant would be needed, unless they gave consent to search the property