Unlawful search and seizure!!

Nnobby45 · July 22, 2010, 06:44 PM

This from KABA. I haven't run across it before, so I don't think it's old stuff. In any event, it's rather disturbing. Especially when you hear the ruling of the Court.

"When San Luis Obispo County Sheriff’s Deputy Darren Murphy responded to a 'shots fired' call in April 2008, he decided en route that he was going to make an arrest."

"He did far more than that. Murphy and other deputies made an unwarranted entry into a home, and then into a locked gun safe. Murphy's uncensored, darkly disturbing observations and behavior following his Code-3 arrival at the rural home of longtime SLO County resident Matt Hart were picked up by Murphy's and other deputies’ own recorders. Those recordings provide a rare, frighteningly revealing, behind-the-scenes perspective of how one local law enforcement agency views the Fourth Amendment to the U.S. Constitution, and other laws its personnel are sworn to uphold." ...

http://www.kccn.tv/

Young.Gun.612 · July 22, 2010, 07:10 PM

Oh my God, that is an egregious violation of his rights! I hope the NRA gets hilt deep in this one, I doubt Mr. Hart has the money to afford a high power attorney. Those a re some of the cockiest cops I've ever heard. And, when is discharging a firearm in an unincorporated part of town a crime?

geetarman · July 22, 2010, 07:41 PM

That video is scary.

Geetarman

USAFNoDak · July 22, 2010, 07:51 PM

That whole system of justice in that county is scary from the cops to the county attorney to judge. The judge should have thrown the case out and had the cops arrested on the spot.

rjrivero · July 22, 2010, 08:16 PM

wow. Just, WOW.

nate45 · July 22, 2010, 08:33 PM

If this goes before a jury in a civil trial, its hard to see how the county can prevail. What an egregious abuse of power. It does not make me angry so much as it does sad.

**Aguila Blanca** · July 22, 2010, 09:13 PM

Quote:

Originally Posted by Nnobby45

This from KABA. I haven't run across it before, so I don't think it's old stuff. In any event, it's rather disturbing. Especially when you hear the ruling of the Court.

It is at least two years old, and old enough that the defendant has already pled guilty to a misdemeanor and gotten some (but not all) of his guns back.

Al Norris · July 23, 2010, 08:27 AM

I apologize for jumping the gun and not doing the research prior to my closing the thread. After doing some more research on the subject matter, I've decided to reopen this thread.

It appears that there is an ongoing lawsuit. Most of the subjects firearms were recently (as in Wed.) returned due, in part, to the outcry of the videos being made public.

primetime · July 23, 2010, 09:20 AM

Those cops should all be fired at the very least..this is outrageous and totally unnacceptable..

Brian Pfleuger · July 23, 2010, 09:24 AM

The most amazing part to me is that a police department would respond in that manner to "shots fired" out in the boon-docks. Where exactly are you supposed to be firing shots, if not there?

Truthfully, sadly, I don't think any of it surprises me. I have a number of LEO friends, so I'm not bashing LEOs, but we see an awful lot of this sort of mentality lately. Not around here, thank God.

bombmaster · July 23, 2010, 01:24 PM

It is alleged that this was not a neighbor or friend that called 911 but a passer by. Probably someone from a large city that was frightened by the sound of gunfire. I had a customer and her little girl stop by my store some time back. When her father and I got on about a conversation about guns she looked at me and said "do you have guns?" I replied Yes. She said "are you a policeman?" I said no. She replied "oh then you must be a bad guy."

With this type of mentality going on in our schools its no wonder passer bys are freeked out. It wasn't that long ago when I brought my rifle to school so my shop teacher could help me clean up the action. What is this world coming to

Glenn Dee · July 23, 2010, 06:06 PM

Ladies, and Gentlemen... here you see picture proof of the difference between law enforcement, and the police. The police answer to the people... I dont know who law enforcement answers to...

:barf:

azredhawk44 · August 1, 2010, 12:44 PM

http://www.kccn.tv/

Please watch the video on this site. A man was target shooting on his own rural land in San Luis Obispo in CA. The Sheriff's office responded to a "shots fired" call. The officers pre-judged the situation before even arriving (dashcam comments where they already decided that someone's going to jail).

The guy complies with them as they point M16's at him, and they go through his house. They see a locked gun safe.

They decide they want into the safe, and take the man's keys off of him while handcuffed, despite his deliberate objections and asking for justification for the search of the safe.

Officers get together and come up with an excuse after the fact and they settle on Exigent Circumstances. My understanding of exigent circumstances, is they can search a dwelling looking for victims, potential hazards, or threats to immediate officer safety.

I'm having a hard time understanding how a locked gun safe when a suspect is cuffed and under guard, poses a threat when no other persons are in the area.

They then seize the firearms after remarking on how much they like the guns (Mini-14, M1A, 1100 series shotgun, other stuff).

All of this makes me glad that my safe is a huge monster that requires special equipment to move, and has a very complicated combination lock and no key access.

This event happened two years ago and the man to my knowledge still doesn't have his guns back and there has been no repercussions to the officers. It strikes me as a violation of the 4th amendment.

sakeneko · August 1, 2010, 02:03 PM

That happened along the California coast, not in Arizona, not surprisingly. :/ Has the guy sued? (I can't display the video for some reason -- I think the site has tracking stuff on it that my browser blocks, and that must be allowed to track if you want to view the video.)

Brian Pfleuger · August 1, 2010, 02:08 PM

The very fact that the officers take an action and then have to discuss the reasoning for it afterwards is a pretty sure indication that they're full of crap. Exigent circumstances would ordinarily leave little doubt for anyone that the actions were necessary. The entire video shows excess on the part of the police, beginning to end. There was no justification for anything that was done. Holding the guy at gunpoint, entering the house, even the lights and sirens in response to a "shots fired" call out in the wilderness.

Excessive in almost every way, beginning to end.

Al Norris · August 1, 2010, 02:42 PM

Merged two threads.

Rifleman1776 · August 1, 2010, 03:00 PM

What is a KABA?

Al Norris · August 1, 2010, 03:13 PM

KABA = Keep And Bear Arms

medalguy · August 1, 2010, 03:53 PM

I hope this is confined to Kalifornia. Here in New Mexico I can step out my back door (I live in a remote area) and shoot all I want. I can hear my neighbors all up and down the valley shooting frequently.

If the police decided to respond to every call they might get about "shots fired" they would need 2 patrol cars just in our valley to respond. I may go out and shoot 3 or 4 times a week and some neighbors shoot almost daily. I guess it all depends on where you are located and how the police feel about guns in any given area. Here they are pretty cool about it.

Considering the location os San Luis Obispo, I suppose it's not surprising the LEO's reacted (over reacted) the way they did. Another reason NOT to want to live in Kalifornia.

dec41971 · August 1, 2010, 09:00 PM

Thank God for cameras and video tapes! Things people get away with are outrageous. We have laws, and they should apply to EVERYONE equally. Without the video evidence, I wouldn't be surprised they came up with worse charges and ruined this guy's life completely. Unfortunately when it comes to guns, you are going to get shafted because everyone thinks you got them in order to kill people like my ignorant friends say to me. Aaaaargh! :barf:

csmsss · August 2, 2010, 12:11 AM

When police officers commit such outrageous, criminal activities under the color of authority, they're supposed to be charged as would any other criminal - yet it so rarely happens and even then typically only when there is publicly disseminated, entirely irrefutable evidence of their crimes.

Events like this are why I cringe when I see/read/hear folks reflexively take the LEO's side when police/civilian interactions go wrong.

July 22, 2010, 06:44 PM	#1
Nnobby45 Senior Member Join Date: November 20, 2004 Posts: 3,150	Unlawful search and seizure!! This from KABA. I haven't run across it before, so I don't think it's old stuff. In any event, it's rather disturbing. Especially when you hear the ruling of the Court. "When San Luis Obispo County Sheriff’s Deputy Darren Murphy responded to a 'shots fired' call in April 2008, he decided en route that he was going to make an arrest." "He did far more than that. Murphy and other deputies made an unwarranted entry into a home, and then into a locked gun safe. Murphy's uncensored, darkly disturbing observations and behavior following his Code-3 arrival at the rural home of longtime SLO County resident Matt Hart were picked up by Murphy's and other deputies’ own recorders. Those recordings provide a rare, frighteningly revealing, behind-the-scenes perspective of how one local law enforcement agency views the Fourth Amendment to the U.S. Constitution, and other laws its personnel are sworn to uphold." ... http://www.kccn.tv/

July 22, 2010, 07:51 PM	#4
USAFNoDak Senior Member Join Date: August 21, 2000 Location: Minnesota, Twin Cities Posts: 1,076	That whole system of justice in that county is scary from the cops to the county attorney to judge. The judge should have thrown the case out and had the cops arrested on the spot. __________________ "If you love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you and may posterity forget that ye were our countrymen." Samuel Adams.

July 22, 2010, 08:33 PM	#6
nate45 Senior Member Join Date: July 15, 2007 Location: Illinois Posts: 3,746	If this goes before a jury in a civil trial, its hard to see how the county can prevail. What an egregious abuse of power. It does not make me angry so much as it does sad. __________________ "No free man shall ever be debarred the use of arms."- Thomas Jefferson ΜΟΛΩΝ ΛΑΒΕ (>_<)

July 23, 2010, 09:24 AM	#10
Brian Pfleuger Moderator Emeritus Join Date: June 25, 2008 Location: Austin, CO Posts: 19,578	The most amazing part to me is that a police department would respond in that manner to "shots fired" out in the boon-docks. Where exactly are you supposed to be firing shots, if not there? Truthfully, sadly, I don't think any of it surprises me. I have a number of LEO friends, so I'm not bashing LEOs, but we see an awful lot of this sort of mentality lately. Not around here, thank God. __________________ Nobody plans to screw up their lives... ...they just don't plan not to. -Andy Stanley

July 23, 2010, 01:24 PM	#11
bombmaster Junior Member Join Date: April 17, 2009 Posts: 1	It is alleged that this was not a neighbor or friend that called 911 but a passer by. Probably someone from a large city that was frightened by the sound of gunfire. I had a customer and her little girl stop by my store some time back. When her father and I got on about a conversation about guns she looked at me and said "do you have guns?" I replied Yes. She said "are you a policeman?" I said no. She replied "oh then you must be a bad guy." With this type of mentality going on in our schools its no wonder passer bys are freeked out. It wasn't that long ago when I brought my rifle to school so my shop teacher could help me clean up the action. What is this world coming to __________________ With guns, we are 'citizens'. Without them, we are 'subjects' The Constitution has granted you the right to free speech with an opportunity to post your opinion here. May we never ignore any of our rights or the rights of others." -me

July 22, 2010, 07:10 PM	#2
Young.Gun.612 Senior Member Join Date: April 28, 2010 Location: Minneapolis, MN Posts: 400	Oh my God, that is an egregious violation of his rights! I hope the NRA gets hilt deep in this one, I doubt Mr. Hart has the money to afford a high power attorney. Those a re some of the cockiest cops I've ever heard. And, when is discharging a firearm in an unincorporated part of town a crime?

July 22, 2010, 07:41 PM	#3
geetarman Senior Member Join Date: November 18, 2009 Location: Arizona Posts: 3,157	That video is scary. Geetarman

July 22, 2010, 08:16 PM	#5
rjrivero Senior Member Join Date: November 17, 2008 Location: NW Ohio Posts: 1,399	wow. Just, WOW.

July 23, 2010, 08:27 AM	#8
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	I apologize for jumping the gun and not doing the research prior to my closing the thread. After doing some more research on the subject matter, I've decided to reopen this thread. It appears that there is an ongoing lawsuit. Most of the subjects firearms were recently (as in Wed.) returned due, in part, to the outcry of the videos being made public.

July 23, 2010, 09:20 AM	#9
primetime Member Join Date: June 15, 2010 Location: Kansas City, KS Posts: 55	Those cops should all be fired at the very least..this is outrageous and totally unnacceptable..

July 23, 2010, 06:06 PM	#12
Glenn Dee Senior Member Join Date: September 9, 2009 Location: South Florida Posts: 1,560	Ladies, and Gentlemen... here you see picture proof of the difference between law enforcement, and the police. The police answer to the people... I dont know who law enforcement answers to... :barf:

August 1, 2010, 12:44 PM	#13
azredhawk44 Junior member Join Date: September 28, 2005 Location: Mesa, AZ Posts: 6,465	Exigent Circumstances, 4th Amendment, and gun safes http://www.kccn.tv/ Please watch the video on this site. A man was target shooting on his own rural land in San Luis Obispo in CA. The Sheriff's office responded to a "shots fired" call. The officers pre-judged the situation before even arriving (dashcam comments where they already decided that someone's going to jail). The guy complies with them as they point M16's at him, and they go through his house. They see a locked gun safe. They decide they want into the safe, and take the man's keys off of him while handcuffed, despite his deliberate objections and asking for justification for the search of the safe. Officers get together and come up with an excuse after the fact and they settle on Exigent Circumstances. My understanding of exigent circumstances, is they can search a dwelling looking for victims, potential hazards, or threats to immediate officer safety. I'm having a hard time understanding how a locked gun safe when a suspect is cuffed and under guard, poses a threat when no other persons are in the area. They then seize the firearms after remarking on how much they like the guns (Mini-14, M1A, 1100 series shotgun, other stuff). All of this makes me glad that my safe is a huge monster that requires special equipment to move, and has a very complicated combination lock and no key access. This event happened two years ago and the man to my knowledge still doesn't have his guns back and there has been no repercussions to the officers. It strikes me as a violation of the 4th amendment.

August 1, 2010, 02:03 PM	#14
sakeneko Senior Member Join Date: May 23, 2009 Location: Nevada Posts: 644	That happened along the California coast, not in Arizona, not surprisingly. :/ Has the guy sued? (I can't display the video for some reason -- I think the site has tracking stuff on it that my browser blocks, and that must be allowed to track if you want to view the video.)

August 1, 2010, 02:08 PM	#15
Brian Pfleuger Moderator Emeritus Join Date: June 25, 2008 Location: Austin, CO Posts: 19,578	The very fact that the officers take an action and then have to discuss the reasoning for it afterwards is a pretty sure indication that they're full of crap. Exigent circumstances would ordinarily leave little doubt for anyone that the actions were necessary. The entire video shows excess on the part of the police, beginning to end. There was no justification for anything that was done. Holding the guy at gunpoint, entering the house, even the lights and sirens in response to a "shots fired" call out in the wilderness. Excessive in almost every way, beginning to end. __________________ Nobody plans to screw up their lives... ...they just don't plan not to. -Andy Stanley Last edited by Brian Pfleuger; August 1, 2010 at 03:30 PM.

August 1, 2010, 02:42 PM	#16
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Merged two threads.

August 1, 2010, 03:00 PM	#17
Rifleman1776 Senior Member Join Date: April 25, 2010 Location: Arkansas Posts: 3,309	What is a KABA?

August 1, 2010, 03:13 PM	#18
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	KABA = Keep And Bear Arms

August 1, 2010, 03:53 PM	#19
medalguy Senior Member Join Date: August 31, 2009 Location: New Mexico Posts: 1,033	I hope this is confined to Kalifornia. Here in New Mexico I can step out my back door (I live in a remote area) and shoot all I want. I can hear my neighbors all up and down the valley shooting frequently. If the police decided to respond to every call they might get about "shots fired" they would need 2 patrol cars just in our valley to respond. I may go out and shoot 3 or 4 times a week and some neighbors shoot almost daily. I guess it all depends on where you are located and how the police feel about guns in any given area. Here they are pretty cool about it. Considering the location os San Luis Obispo, I suppose it's not surprising the LEO's reacted (over reacted) the way they did. Another reason NOT to want to live in Kalifornia.

August 1, 2010, 09:00 PM	#20
dec41971 Senior Member Join Date: September 5, 2009 Posts: 236	Thank God for cameras and video tapes! Things people get away with are outrageous. We have laws, and they should apply to EVERYONE equally. Without the video evidence, I wouldn't be surprised they came up with worse charges and ruined this guy's life completely. Unfortunately when it comes to guns, you are going to get shafted because everyone thinks you got them in order to kill people like my ignorant friends say to me. Aaaaargh! :barf:

August 2, 2010, 12:11 AM	#21
csmsss Senior Member Join Date: October 24, 2008 Location: Orange, TX Posts: 3,078	When police officers commit such outrageous, criminal activities under the color of authority, they're supposed to be charged as would any other criminal - yet it so rarely happens and even then typically only when there is publicly disseminated, entirely irrefutable evidence of their crimes. Events like this are why I cringe when I see/read/hear folks reflexively take the LEO's side when police/civilian interactions go wrong.