Originally Posted by Blackthorne
There is no obvious reason (I wasn't there and am going on what the article says) that gun should have been taken away from him. It's another situation where folks don't know their rights and the law takes advantage of that.
KNOW WHAT YOU ARE GETTING INTO. THE RESPONSIBILITY IS YOURS, NOT THE POLICE OFFICERS.
They simply cannot be up to speed on every law they have to enforce, so they use their own PERSONAL judgment unless it can be proven otherwise. They can't be blamed for that.
Stand up for yourself, be polite, and show them the confidence that comes from knowing what you are talking about.
Indeed... the police for the most part are not 100% sure of their limitations or responsiblities..
One could respond to a call .. see they are "toys" and apoligize for the intrusion.. another would take a whole different tact.. cuff you.. and seize everything .. then you have to explain why you should get it back..
remember... the judiciary presumes you are innocent until proven guilty.. the police presume you are guilty until proven innocent.. its the two sides of the crime and punishment coin..
Cops arrest and charge because they "believe" a crime was committed.. they could be wrong about what is a crime... they could be wrong about what constitutes evidence..
If they are wrong.. they drop the charges.. and release the evidence..
In many cases where people say the police "seized" something.. they don't remember the police asking if they can take it.. if you "surrender" something to the police.. you should not presume they will give it back.