Illegal search of.......A Garage Sale..lol

[Mtber1172]

Even if it was real, why would it be an issue?

The cop searching or them selling firearms at a garage sale?

 

[potenza]

Somebody's being a jerk!

 

[linebacker]

IMO--the cop should have handled this in a much more professional way. He should have ASKED to speak with the property owner. He should have explained why he was there (concerned citizen called in). Then he should have ASKED would it be OK if he looked around instead of just walking up there like a badass and looking around and asking questions at the same time. Even though the property owner would have still told him to get off her property.
Bottom line is he should have ASKED!

 

[willr1]

It was in California, the state barely allows people to own firearms so they might have a state law prohibiting private sell of firearms without a permit or something, then they would have PC to come and investigate.

Glad the home owner stood up and didnt back down, but I think I would have handled it a little differently if I were within the law and the cops came up to my house. A simple, " Im not/am selling guns within the law of the state, do not touch unless you want to buy and be safe officer have a great day" and ask them to leave depending on their demeanor

 

[Bypass]

It was a apartment complex. The cop said "Is this your apartment complex?"

 

[Jester7]

It was in California, the state barely allows people to own firearms so they might have a state law prohibiting private sell of firearms without a permit or something, then they would have PC to come and investigate.

Glad the home owner stood up and didnt back down, but I think I would have handled it a little differently if I were within the law and the cops came up to my house. A simple, " Im not/am selling guns within the law of the state, do not touch unless you want to buy and be safe officer have a great day" and ask them to leave depending on their demeanor

In GA, it's more likely they show up to see if they want to buy something

 

[Ghost941]

IMO--the cop should have handled this in a much more professional way. He should have ASKED to speak with the property owner. He should have explained why he was there (concerned citizen called in). Then he should have ASKED would it be OK if he looked around instead of just walking up there like a badass and looking around and asking questions at the same time. Even though the property owner would have still told him to get off her property.
Bottom line is he should have ASKED!

Flies with honey. There is NO substitute for a friendly demeanor.

 

[shockmastermike]

ive bought and sold plenty at a garage sale in ga

 

[jcountry]

Guys-

I am not a lawyer, but I am on the cops' side here. This lady had a yard sale in the public. If your stuff is out in plain view, it is in the public, and there is no such thing as an "illegal search." It would be a different situation if those "guns" were not in plain view from the road, but my understanding is that the police would be within their rights to check and see if they were legal to sell in that jurisdiction. (And apparently, the cops had a complaint relative to her items.)

Now, the situation would be different if they were trying to enter a house without a warrant, or a car-but when that stuff is all out there and clearly visible from the sidewalk, I can't see how the cops are in the wrong for checking on a complaint like that.

To me, this situation is similar to a car being stopped. If the officer sees something illegal laying in the back seat, there is no problem with him entering and seizing that object, but if the object in question is in the glove compartment or under a seat (and out of public view,) he would have right to go and dig it out without a warrant (or probable cause from a drug dog.)

-Maybe some lawyers or cops have more insight than I would, but if you have some questionable items right out in your front yard for sale, that ain't exactly out of public view.

 

[jcountry]

It was a apartment complex. The cop said "Is this your apartment complex?"

That is another wrinkle....

Unless that woman speaking was the actual owner of the complex (which I strongly doubt,) she could have been charged with making false statements to a LEO. She was begging for trouble. First rule about begging for trouble: Always be in the right. (I don't think she was.)

(I think she is confusing "expectation of privacy," which someone would rightfully have INSIDE their home or apartment with some sort of assumption about property rights. If you have chosen to put these items in public view, you can't have any sort of "expectation of privacy.)

-She looks like a real nutter to me. And sure seems to be a repeat customer. She gives me the creeps.