When They Come For Your Guns, Know What To Do...Submitted by JDunbar on Wed, 01/09/2013 - 14:22
Great read. Found it while browsing the web for Gun Control articles.
What do you do when the police show up on your doorstep demanding the surrender of your militia weapons?
In responding, bear in mind that you have two important rights guaranteed by the Fourth and Fifth Amendments to the United States Constitution.
The Fourth Amendment protects you against unreasonable searches and seizures. If the police want to search your house without your consent, they need a warrant. Warrants may only be issued upon a showing of probable cause, supported by an affidavit. The facts contained in the affidavit must do more than support a mere suspicion. The test is whether the information in the affidavit would justify a person of prudence and caution in believing that an offense is being committed, e.g. that "prohibited" weapons can be found on your premises. The requirement of probable cause for the issuance of warrants is one of your most precious constitutional protections.
NEVER GIVE THE AUTHORITIES YOUR CONSENT TO SEARCH YOUR HOUSE, YOUR CAR, YOUR PLACE OF BUSINESS, OR ANY OTHER PREMISES UNDER YOUR CONTROL. Consent dispenses with the necessity of probable cause. While lacking probable cause, if the police conduct a search with your consent and seize evidence for use against you in court, your lawyer will not be able to suppress it on the basis that the search was warrantless.
The Fifth Amendment protects you against giving evidence against yourself, i.e., your right to remain silent. Just as you cannot be compelled to testify against yourself in a criminal trial, neither can you be compelled to answer a policeman's questions about that AR-15 you bought a couple of years ago and never surrendered. Don't be bashful about invoking this right. It's always better to remain silent and appear guilty than to open your mouth and prove it.