Tuesday, March 19, 2013

Why you MUST know your rights

Read this story, and then think about your home, your family, your guns and your rights.

A proud father took a picture of his proud 11-year-old son and posted it on Facebook. What happened next?

New Jersey's Gestapo-style Department of Youth and Family Services (DYFS) showed up at his doorstep with four officers from the  Carneys Point, New Jersey PD.

The DYFS employee was so unsure of herself that she refused to identify herself to the father, who refused entry and refused her DYFS order to open his gun safe.

The father is an NRA Certified Firearms Instructor and was smart enough to get his attorney on the speakerphone without delay.

Source: http://www.theblaze.com/stories/2013/03/19/dad-this-picture-of-my-son-holding-a-gun-triggered-a-visit-from-nj-police-family-services/?utm_source=twitter&utm_medium=story&utm_campaign=Share+Buttons

What would you do if the cops showed up, without a warrant, and demanded entry to your home?

Refuse! Tell them politely that you'll be happy to admit them, should they return with a warrant. If they do, get your lawyer on the phone before you admit them. Let them slide the warrant under the door for you to read first.

Think you can't reach your lawyer in the middle of the night? Do you have your lawyer's home and cell phone numbers?

That's why I belong to LegalShield (no, I don't sell it) and why I recommend it (maybe I should sell it). I've got an 800-number and I can reach "my" lawyer 24/7. Can you?

7 comments:

The Usual Suspect said...

While you are waiting for your lawyer to answer, cautiously move away from the door as it is likely to be knocked in if you don't open promptly. A search warrant doesn't say PLEASE, it means open or else. Been there ,done that.

Slide it under the door?...in what dreamland did you think that advice up?

Clem Kadiddlehopper said...

What "dreamland?"

In a "dreamland" where the Constitution rules and not the Fascist Police State.

So, yes, I expect (and demand) that an officer serving search warrant to be polite and civil.

And knock...and wait patiently while the occupant comes to the door to answer.

There are far too many incidents today where the cops kick in the door, shoot and kill the family pet. And even kill the home occupants.

Google "Donald Scott"

The Usual Suspect said...

In the advice Gus provides, the cops have already knocked and announced a search warrantand I'm sure calmly and professionally.He hoever refuses to open even when faced with the announcement of a valid court ordered warrant while he dials 1-800- rent-A-lawyer.

In the REAL world the police anticipate this as a stall tactic to possibly destroy evidence. My advice is open the door and read the search warrant of which you'll get a copy.

If they feel that he will be there with guzablazin they would have asked for a No Knock warrant. Not a "Fascist Police State" just pure 100% obedience to a court order.

Gus said...

The Usual Suspect, you have heard of the infamous Pavlin case in McHenry County; right?

You know, the one where the deputies barged in, illegally, and then refused to leave, even though the subject of their Arrest Warrant (not a Search Warrant) was cuffed and in the squad car?

Remember that one?

Debra said...

How ridiculous!
I wonder if facebook will do anything about the pictures circulating that shows a man fondling his naked 13 year old daughter? The vacant look in her eyes was heartbreaking! This is outrageous!!!!
How about DCFS removing a few children that have been reported over and over that live in drug abuser/sellers right here in Woodstock or should I say Hoodstock?
We live in crazy world .....

Mike said...

The fact is that if they do have a search warrant, unless it is specifically a no knock warrant, they will knock and announce. Once that has happened they are not required to wait until you politely open up and let them on. There is a good chance the door frame will be coming down in short order. If fact a search warrant can be served even if you are not home (or pretend not to be). They will enter, do their search, remove what they find and leave a copy of the warrant and receipt for what they took.

Mike said...

Personally though, in this situation with no warrant i would have told them no to entry and simply closed the door with no more conversation. I would have spoken to my attorney afterward and followed his advise on what to do from that point but wouldnt have gone the speaker phone route.