So if...

[Fallguy]

I didn’t say anything about slamming a person who is complying to the ground. I simply stated fact; gun control can (at the Officers discretion) go into effect when the Police are lawfully on your property. Their safety trumps any perceived gun rights you think you may have. I think that’s the part you are having a problem with….. but yes; that is what I am saying. There is nothing in the United States Constitution and nothing in Tennessee law that would keep and officer from protecting himself and others around him when a firearm is displayed.

Then this discussion is not even an issue is it?

No I don't have a problem with a LEO disarming someone if he truly feels it is needed for his protection.

I guess it was your "you may be disarmed and you may not like the way it goes down. Don't be stupid" line that made me think you meant more than simple, "Can you put that up (or can I hold on to that) while we talk?" from the officer.

LOL...Dave you and I agree more than we disagree I think....we just have to go the long way to get there sometimes.

[DaveTN]

LOL...Dave you and I agree more than we disagree I think....we just have to go the long way to get there sometimes.

We try to keep the Draaaaaama going.

I truly thought I was going to get you going.

[Guest justme]

Having been in those cops shoes, I’m not opening the door until I see that it is cops and when I do open the door (out of respect for the Police Officers) I will not be wearing a gun.

What could they do? Well I know this won’t go over here very well, but gun control goes into effect when the cops are called to your property. Their right to stay safe trumps any perceived gun rights you think you may have. They have a right and a duty to be there and depending on how you appear to them, you may be disarmed and you may not like the way it goes down. Don't be stupid.

The "Plain View" doctrine is exactly why you should absolutely never allow a police officer into your home absent probable cause...always step outside if you must talk to them, and always lock your door, and not let them in.

I would not open the door in the middle of the night without a gun--it is called my safety. If I know for a fact that it is a police officer I will replace the firearm in my holster, but I won't disarm as I ask them for the purpose of their visit through the door. You can respect officers and still be wearing your gun, if on the other hand I have reason to believe they are not police officers, then the gun will remain in my hand as I instruct them to step into the light where they can be seen and stand by until I can confirm their identities--it just isn't bright to just open your door in the middle of the night. If they are in fact legitimate, they will understand and wait as instructed.

I agree 100%--don't be stupid, but if they are not there responding to a report of a violent crime--domestic abuse, or aggravated assault or other violent crime, then I see absolutely no need for them to disarm you UNLESS you are posing some real--not imagined, but REAL and legitimate threat to them, or unless you are acting mentally unstable.

They may not like it when you refuse them entry to your home but they can't stop you--just stay calm, keep your hands away from the weapon, and simply refuse them entry--because they can't use anything against you if you keep your mouth shut and keep them on the outside. If you have a screen door for example, keep the screen locked and talk to them through the door, or simply step outside and lock your front door behind you--no one ever said you had to let them in just because they ask you to step back...if they come to my door and tell me to step back I will ask to see their warrant, and if they don't have one then they won't come in...I would be willing to step out, but I would not let them in without a warrant. As I said--they won't like it, but there isn't a lot they can do about it...unless of course they are up to paying me a huge sum of money when I get done suing them.

Edited March 10, 2009 by justme

[Fallguy]

...if they come to my door and tell me to step back I will ask to see their warrant, and if they don't have one then they won't come in...I would be willing to step out, but I would not let them in without a warrant.

You could get this doormat.

[Guest justme]

If you are being a dick; there is always “Plain View” and there is the complaint they were sent there on. Standing there like a mute or invoking Miranda when you are not yet a suspect is also not real smart.

Never said I would be a dick...I simply said we don't have to answer their questions, and that nothing we say can help us. I also said that we don't have to let them in if they don't have probable cause to force a search, or have a warrant in hand.

and while they are on my property, even if they are there on a complaint such as disturbing the peace--which I don't do-- they will act like a civilized human being and they will treat me in a civilized fashion. I expect the same respect that they do--no more but certainly no less. I would also be recording the conversation for my safety, as Tennessee is I believe a single party consent state.

I'm not a police officer basher--I'm not into that, I have respect for them, but I also expect the same from them, as we all should.

Edited March 10, 2009 by justme

[Guest justme]

You could get this doormat.

That is just too cool

[Guest justme]

I wouldn't have taken it off.

What do you do with your pistol while playing the xbox/watching tv/or whatever?

Nothing wrong with carry in your home.

neither would I.

[strickj]

I know--but anymore you don't know what they are looking for, and once you let them in--then anything they find is fair game and it would be almost impossible to get a court to throw it out....I once watched a great video in which I learned that anything you choose to tell law enforcement cannot be used to help you, because it is called hearsay, BUT anything you say can and will be used against you...

best advice is to keep quiet, refuse entry in absence of a warrant, refuse voluntary searches of your person and property and exercise your right to remain silent. Remember--they can't use anything against you if you don't give them anything to use.

What are they going to find in your home that you are worried about?

Also,I dont see why you're saying here :keep quiet" or whatever over a noise complaint! Once again Ill ask,what are you going to say that you're worried about?

Jeez,Some people!

[Fallguy]

What are they going to find in your home that you are worried about?

Also,I dont see why you're saying here :keep quiet" or whatever over a noise complaint! Once again Ill ask,what are you going to say that you're worried about?

Jeez,Some people!

Being worried about something is not the point...being able to be secure in your own home is.

[GLOCKMEISTER]

so your playing xbox 360 with a 40 on your hip.... Am I missing something??????

[Guest SUNTZU]

so your playing xbox 360 with a 40 on your hip.... Am I missing something??????

For some reason, Marty Robbin's "Big Iron" started playing in my head after I read your post.

[DaveTN]

Never said I would be a dick...I simply said we don't have to answer their questions, and that nothing we say can help us.

It’s an investigation, not an interrogation. Whether it is a loud noise or some other type complaint from a neighbor or a family member, the cops need to hear your side. If like an idiot you stand there and refuse to say anything; (or worse you try to close the door or walk away) they most likely would advise you that you are under arrest based on the information from the complainant. That point in time is the turning point for many people. No warrant is needed for the Officer to enter your home and take you into custody.

<O:p</O:p

Many times the cops simply need to hear your side of a situation, talk to both sides, and try to leave. You all of a sudden deciding that you are an attorney can cause you serious problems. It’s no wonder so many people needlessly end up in jail; where do you guys get this stuff?

[DaveTN]

Being worried about something is not the point...being able to be secure in your own home is.

Are you kidding me man… the cops are bangin’ on your door.

You want to be secure in your home??? DONâ€T GET THE COPS CALLED ON YOU.

[Guest mustangdave]

I have to side with DaveTN on this...sounds to me like there are a few folks on this thread that have had a negative experience with the police, as well as a:tinfoil: or two.

I just don't want to see anyone I know on an episode of COPS.

[Fallguy]

It’s an investigation, not an interrogation. Whether it is a loud noise or some other type complaint from a neighbor or a family member, the cops need to hear your side. If like an idiot you stand there and refuse to say anything; (or worse you try to close the door or walk away) they most likely would advise you that you are under arrest based on the information from the complainant. That point in time is the turning point for many people. No warrant is needed for the Officer to enter your home and take you into custody.

<O:p</O:p

Many times the cops simply need to hear your side of a situation, talk to both sides, and try to leave. You all of a sudden deciding that you are an attorney can cause you serious problems. It’s no wonder so many people needlessly end up in jail; where do you guys get this stuff?

It may help LE (and you) to hear your side of the but they don't have to. AFAIK you don't have to say anything that might incriminate you, like "Yes, I was playing the XBOX loud." and at the same time, you don't want to lie...so....you are sort of left with silence if that is the route you choose to go. May not be the best choice...but it is one.<O:p</O:p

<O:p</O:p

Also in TN a LEO must witness a misdemeanor to make an arrest, and in this case since it was still loud..the LEO did witness it, but had the noise already stopped he couldn't have arrested him based solely on the neighbor's complaint.<O:p</O:p

[Guest tnelson]

Yah, Since I don't have my HCP yet; I carry at home LOL.

He ..should I say they ( it was two cops ) knew it was loud as they both banged on my door for about 15 minutes before I heard them

[Guest medic66]

Never said I would be a dick...I simply said we don't have to answer their questions, and that nothing we say can help us. I also said that we don't have to let them in if they don't have probable cause to force a search, or have a warrant in hand.

and while they are on my property, even if they are there on a complaint such as disturbing the peace--which I don't do-- they will act like a civilized human being and they will treat me in a civilized fashion. I expect the same respect that they do--no more but certainly no less. I would also be recording the conversation for my safety, as Tennessee is I believe a single party consent state.

I'm not a police officer basher--I'm not into that, I have respect for them, but I also expect the same from them, as we all should.

i agree with you.

[Guest medic66]

It’s an investigation, not an interrogation. Whether it is a loud noise or some other type complaint from a neighbor or a family member, the cops need to hear your side. If like an idiot you stand there and refuse to say anything; (or worse you try to close the door or walk away) they most likely would advise you that you are under arrest based on the information from the complainant. That point in time is the turning point for many people. No warrant is needed for the Officer to enter your home and take you into custody.

<O:p</O:p

Many times the cops simply need to hear your side of a situation, talk to both sides, and try to leave. You all of a sudden deciding that you are an attorney can cause you serious problems. It’s no wonder so many people needlessly end up in jail; where do you guys get this stuff?

i guess my question is, where are you getting your information?

[Guest justme]

What are they going to find in your home that you are worried about?

Also,I dont see why you're saying here :keep quiet" or whatever over a noise complaint! Once again Ill ask,what are you going to say that you're worried about?

Jeez,Some people!

And you have missed the entire point.

[Guest justme]

It’s an investigation, not an interrogation. Whether it is a loud noise or some other type complaint from a neighbor or a family member, the cops need to hear your side. If like an idiot you stand there and refuse to say anything; (or worse you try to close the door or walk away) they most likely would advise you that you are under arrest based on the information from the complainant. That point in time is the turning point for many people. No warrant is needed for the Officer to enter your home and take you into custody.

<o></o>

Many times the cops simply need to hear your side of a situation, talk to both sides, and try to leave. You all of a sudden deciding that you are an attorney can cause you serious problems. It’s no wonder so many people needlessly end up in jail; where do you guys get this stuff?

Don't kid yourself. You should always view any conversation you have with LE as an interrogation. So an officer comes to your door--sir we received a noise complaint, can you tell us what was going on? Well, yes officer, you see I was playing the music a bit too loud...well sir, you are under arrest for disturbing the peace....SO you get to court after bailing yourself out and the judge says--"sir you made a free will statement to the officer, you admitted to disturbing the peace, and you were NOT under arrest at the time you made the statement, because the officer was merely investigating the complaint and was not carrying an interrogation of you when you chose to freely speak to the officer and therefore Miranda does not apply to you, you're therefore guilty of disturbing the peace and here is the fine....have a nice day and pay the clerk on your way out..."

I'm not a I simply understand the nature of things the way they are. The deck has always been stacked against the people, and by talking to the police you will most of the time only ensure that you are soon suffering yet more legal problems than you would if you just simply kept your mouth shut, answered as few questions as possible, directed the others to your attorney, and when necessary have an attorney present to protect your rights. If you don't protect your rights or are unwilling to, then no one else should.

[Guest justme]

Yah, Since I don't have my HCP yet; I carry at home LOL.

He ..should I say they ( it was two cops ) knew it was loud as they both banged on my door for about 15 minutes before I heard them

then my advice is to quit disturbing the peace.

[Guest justme]

Are you kidding me man… the cops are bangin’ on your door.

You want to be secure in your home??? DON”T GET THE COPS CALLED ON YOU.

And you don't have to open and let them in unless they have PC that a crime has, is being or is about to be committed OR unless they have a warrant.

step outside, and lock your front door behind you.

[Guest medic66]

And you don't have to open and let them in unless they have PC that a crime has, is being or is about to be committed OR unless they have a warrant.

step outside, and lock your front door behind you.

that is sound advice.

[Angus]

Ummmmmmmmmmmmm.....................I am soooo lost.....but I got Gears 2...so turn it up till their ears bleed.....It goes to 11, it's 1 louder....see...11.

[strickj]

And you have missed the entire point.

No,I got the point!Point being "you dont have to"

My point is,why!? !

And you don't have to open and let them in unless they have PC that a crime has, is being or is about to be committed OR unless they have a warrant.

step outside, and lock your front door behind you.

Like stated,if you just turn around and lock the door,they will come in after your butt! At that point,they dont know why you're doing what you're doing,and it becomes officer safety,and they will detain your butt,warrant or not

You wanna play cutesy smootsey with the cops over an effin load video game,you've got problems dude!