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Old 08-06-2004, 12:09 AM   #1 (permalink)
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Oshkosh Police Conduct Door-To-Door Gun Confiscations

OSHKOSH, Wis. -- Following the wounding of an Oshkosh police officer Saturday night, area residents were forced from their homes, their lawful firearms being confiscated by police.

The Oshkosh Police Department's Special Weapons and Tactics Unit responded to the area, with a K-9 police dog in pursuit of the perpetrator who was reported to have fled on foot.

Citizens' guns were seized through searches of area homes. The police promised to return the firearms after forensic tests proved they were not involved in the crime. The injured officer's name was withheld, but media reports indicate his condition is not life-threatening.

"The message is: Hand over your guns, now!" said Corey Graff, executive director of Wisconsin Gun Owners Inc. "This is a blatant case of guilty-until-proven-innocent and an abuse of police power."

Still, residents in the area are furious about the home invasions by police and what they see as theft of their property. Although early reports are unclear, they indicate a search warrant was issued for two homes, yet additional home owners also had firearms confiscated.

"We want the perpetrator of this crime caught and brought to justice just like everyone else," said Graff. "But that doesn't mean the police should trample citizens' 4th amendment protections, steal lawful private property and enter the home without reasonable suspicion or warrant."

One homeowner in the area said his guns were taken by police, guns that hadn't left his gun safe since last hunting season. Another victim of the police searches -- an elderly women -- reported waking up to officers' searching her home in the early morning hours.

The Oshkosh Northwestern reported, "Residents were not being allowed to return to their homes by press time."

http://www.wisconsingunowners.org/

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Old 08-06-2004, 09:43 AM   #2 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

Who else finds this story upsetting? Do police have the right to enter homes without a search warrant? I remember reading that one of the states allowed limited searches when in pursuit of a criminal.

This is bad news. I am especially surprised that the homeowner who had his guns in a gun safe was made to open it.

What's going on?


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OSHKOSH, Wis. -- Following the wounding of an Oshkosh police officer Saturday night, area residents were forced from their homes, their lawful firearms being confiscated by police.

Still, residents in the area are furious about the home invasions by police and what they see as theft of their property. Although early reports are unclear, they indicate a search warrant was issued for two homes, yet additional home owners also had firearms confiscated.

"We want the perpetrator of this crime caught and brought to justice just like everyone else," said Graff. "But that doesn't mean the police should trample citizens' 4th amendment protections, steal lawful private property and enter the home without reasonable suspicion or warrant."

One homeowner in the area said his guns were taken by police, guns that hadn't left his gun safe since last hunting season. Another victim of the police searches -- an elderly women -- reported waking up to officers' searching her home in the early morning hours.

The Oshkosh Northwestern reported, "Residents were not being allowed to return to their homes by press time."

http://www.wisconsingunowners.org/

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Old 08-06-2004, 10:28 AM   #3 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

holy crap. that's horrible. that is indeed a blatant violation of the fourth amendment. hopefully the ACLU will step in, though i won't hold my breath.

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Old 08-06-2004, 10:33 AM   #4 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

i just sent an inquiry to the Wisconsin chapter of the ACLU asking if they plan to get involved.

http://www.aclu-wi.org

inquiries@aclu-wi.org

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Old 08-06-2004, 01:27 PM   #5 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

This is just awful. Violation of one's freedom like this is unjust. It's simply unacceptable that police, the ones who enforce the law, won't even abide by the law.

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Old 08-06-2004, 02:46 PM   #6 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

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i just sent an inquiry to the Wisconsin chapter of the ACLU asking if they plan to get involved.

http://www.aclu-wi.org

inquiries@aclu-wi.org

Very nice! Let us know if you hear back from them. I'd sure like to know.

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Old 08-06-2004, 05:09 PM   #7 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

I believe those actions were legal under certain provisions of the PATRIOT act. Police do not need a warrant anymore to search your premises, at least not in the traditional sense anyways.
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Old 08-06-2004, 05:27 PM   #8 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

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I believe those actions were legal under certain provisions of the PATRIOT act. Police do not need a warrant anymore to search your premises, at least not in the traditional sense anyways.

gr8geezer,

Maybe you know the answer to this:

Has the Patriot Act deep-sixed the following?

If you had a safe (of any type) the authorities did not have a right to make you open it unless they handed you a warrant with an explicit line item stating that the contents of the safe are to be inspected.

This has always protected gun owners. Unless you advertise that you have a gun safe and it is loaded with guns - and you make it publicly known what is inside - you are protected from unreasonable searches and siezures.

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Old 08-06-2004, 05:31 PM   #9 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

Quote:
Originally Posted by Tombstone
gr8geezer,

Maybe you know the answer to this:

Has the Patriot Act deep-sixed the following?

If you had a safe (of any type) the authorities did not have a right to make you open it unless they handed you a warrant with an explicit line item stating that the contents of the safe are to be inspected.

This has always protected gun owners. Unless you advertise that you have a gun safe and it is loaded with guns - and you make it publicly known what is inside - you are protected from unreasonable searches and siezures.
I don't know specifically about that, but I do know that all authorities need now is a hunch if they want to search private property, as opposed to a probable cause like in the pre PATRIOT act days. The process for searching private property has been greatly sped up to a point where our 4th amendement rights are no longer guaranteed.
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Old 08-06-2004, 05:33 PM   #10 (permalink)
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Re: Oshkosh Police Conduct Door-To-Door Gun Confiscations

there has always been a provision of public safety that, if the police are in hot pursuit of a criminal, they can enter a premises and search it without a warrant. in this case, the police are playing very fast, and darned loose, with that provision. it's deplorable.

the wisconsin aclu was somewhat helpful, but not a lot. they have to receive a request for help from someone directly affected by the incident. they don't have the resources to followup on stuff people mail them from the 'net. so until one of the affected people contacts them, it's not going anywhere. unless this gets LOTS of press, which i highly doubt it will...

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