They have a warrant.Question, with it looking like Red Flag laws are going to be implemented on a Federal level, what happens when someone hides their firearms and invokes their 5th and 6th Amendment rights when the police show up to unconstitutionally confiscate their firearms?
Question, with it looking like Red Flag laws are going to be implemented on a Federal level, what happens when someone hides their firearms and invokes their 5th and 6th Amendment rights when the police show up to unconstitutionally confiscate their firearms?
They have a warrant.
I don't think either of those rights would apply to that circumstance. They mean the firearm owner had a right to go to a judge and argue to have his gun returned, but you can't invoke that to counter a court order saying thry should be seized. It'd be like arguing that the police can't execute a search warrant on your house without informing you and giving you a chance to argue that they're wrong to think you have anything to to do with whatever they suspect.
So if you invoked that arguement against a red flag seizure, they'd kick your door down anyway, search your house for the guns, and then probably arrest you for not complying with a court order.
It was that or let the others write the opinion without his input instead. So I'm not sure if him doing so is a good thing
And besides, Dobbs is the real "does Roberts have a spine" test case.
Sure, but the firearms aren't there, and the accused has invoked their 5th and 6th Amendment rights. What can the police actually do at that point?
Like, sure they can search the house/property, but they won't find anything and the 5th says the accused doesn't have to talk to them.
Yeah you don't have to talk.Sure, but the firearms aren't there, and the accused has invoked their 5th and 6th Amendment rights. What can the police actually do at that point?
Like, sure they can search the house/property, but they won't find anything and the 5th says the accused doesn't have to talk to them.
Sure, but the firearms aren't there, and the accused has invoked their 5th and 6th Amendment rights. What can the police actually do at that point?
Like, sure they can search the house/property, but they won't find anything and the 5th says the accused doesn't have to talk to them.
the problem is that someone is being served a punishment without a trial and that there is a conflict of interest preventing the courts from correcting it.
the problem is that someone is being served a punishment without a trial and that there is a conflict of interest preventing the courts from correcting it.
The courts loose power if they get rid of red flag laws.Er.....not really? There's no conflict of interest in reversing a red flag order, the court gains nothing by seizing firearms and loses nothing by returning them.
The reality of the situation is that either some cops like what is in your collection and these items "go missing," they end up getting sold illegally and thus "go missing," or the cops just end up destroying them. Seriously, it's ridiculously hard to get any property of yours back from law enforcement after they've seized it, and that goes double for guns, even if there is a court order to return it.Er.....not really? There's no conflict of interest in reversing a red flag order, the court gains nothing by seizing firearms and loses nothing by returning them.
Are you joking? The government practices civil asset forfeiture on the regular. Even if a specific court where you try to get your guns back isn't in on it someone they know is.Er.....not really? There's no conflict of interest in reversing a red flag order, the court gains nothing by seizing firearms and loses nothing by returning them.
If the cops show up with a court order demanding you turn over your firearms and you try to turn it into a scavenger hunt, they will throw you in jail for refusing to follow a valid court order.
That is not at all what the 5th amendment says. Pleading the 5th invokes your right to not testify against yourself in a criminal proceeding, it doesn't mean you can just refuse to cooperate with the police on anything. The police can require that you identify yourself (usually), provide access to an area they have a warrant to search, turn over property thry have a court order to seize, etc.
If you try this, the police will throw you in jail and charge you with contempt of court, and you will get convicted, and you'll have that conviction on your record forever. They'll also maybe kick down your door and tear your house apart looking for your guns, and you'll be on the hook for damages. And when they find those guns, good luck getting them back. And they will find them, because noatter how well you hide them, the cops can and will just hold you in jail until you comply.
Don't try and get clever with the cops. They might not win in the end, but you will always lose.
And who's going to hold the DoJ accountable? Oh, right, no one.That is either insurrection or conspiracy against rights.