Cops Searching for Guns

Discussion in 'In the News' started by gunsmoker, Feb 22, 2006.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    The Georgia Court of Appeals recently upheld a guy's conviction for a drug offense, holding that since the cops initially came knocking on his door asking about him possibly possessing an "assault weapon" and it was only after he DENIED them permission to "search" but did allow them to step into his home to talk about it that the cops then saw drug-related paraphanalia in plain view.

    The question lingering in my mind is WHAT OFFENSE or CRIME were the cops investigating when they got the "tip" that this fellow had an "assault weapon" in his own home? The Court of Appeals' opinion does not mention anything about why it would be suspicious, or illegal, for this guy to have a semi-auto assault weapon. There is not a word about any suspicion of drug activity until the point when the cops are standing in the guy's living room and spot the propane torch, the bottles, the glass plate with burt residue on it, etc. There is nothing in the Opinion that indicates that the guy was a convicted felon, insane, subject to a domestic violence protective order, etc.

    The case is Saadatdar v. State, A05A1650, decided Jan. 24, 2006, with Bruce Harvey for the defense and the Gwinnett County DA's office (Danny Porter and W.C. Ross) prosecuting.

    P.S. Legally, the cops don't need any probable cause or even reasonable suspicion to "search" your home if you CONSENT to it, or CONSENT to them coming into your home "just to talk" and then they see obvious contraband in plain view, and that's what both the trial court and appellate court say happened in this case. But still, it begs the question about why the cops thought that a report of a citizen having a gun in his own home needed any investigation at all.
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Because his name is Abbas Saadatdar !!! :lol:
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    . . . officers received a tip that Saadatdar had an assault weapon in his home. A few days later, two officers knocked on the door of Saadatdar's home in the early morning hours. Saadatdar opened a solid inner door and spoke with the officers through a glass storm door. He informed officers that he did not possess a weapon. During the five minute conversation, officers asked to enter the residence "two or three times." Each time Saadatdar refused consent to enter. After some continued conversation, Saadatdar admitted that he once possessed an assault weapon. Following this admission, one of the officers commented: "Hey, people are looking at us. Your neighbors are looking at us. Do you want to let us in?" Saadatdar then allowed the officers to enter his home on the condition that they could not conduct a search.

    Did it to himself. :roll:


    When the officer asked Saadatdar about the items, Saadatdar responded, "That's just some opium."



    Really did it to himself. :screwy:
     
  4. Sharky

    Sharky New Member

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    Amazing how people will let their rights be trampled on. Not that I am supporting the drug use, just the entering because the cops persuaded him due to people watching. I am sure there is more to the story we all do not know.

    He was a moron for allowing them in. Should have stood his ground.
     
  5. legacy38

    legacy38 Active Member

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    In 7 years only three peoplehave refused to talk to me after Miranda and only two have denied consent to search. It's baffling.
     
  6. mzmtg

    mzmtg Active Member

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    My sister is just finishing up law school. She's done a lot of intern work with juvenile offenders. She was also amazed at how many people talked themselves into an arrest.

    So her "expert" advice for anyone who may be facing any kind of arrest or charges is, of course: shut up
     
  7. legacy38

    legacy38 Active Member

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    Exactly. More often than not folks give up everything needed to make a good arrest.
     
  8. Sharky

    Sharky New Member

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    Not that I support this moron, probably deserved what he ended up with. If you do something illegal and have no clue as to go about it shame on him.

    But legal folks, seem to allow something like a search at a traffic stop. These types of things are what baffle me. I have nothing to hide but why should I let LEO search my vehicle? Or my home when they respond to a noise complaint or me reporting something concerning me in the neighborhood. Guess it just depends on the situation.