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Illegal Search Arrest, Search, Seizure, Warrant

Discussion in 'Criminal Procedure, Criminal Court' started by robdp, Dec 13, 2003.

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  1. robdp

    robdp Law Topic Starter New Member

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    I am an Insulin dependent diabetic. I have been since 1957. When I have an insulin reaction, and it cannot be arrested by a friend or room mate, that friend or room mate calls the fire department which is equiped to administer glucose to bring me back to a normal blood sugar level.
    I have never been convicted of any crime. I have had insulin reactions that required the assistance of fire department or other civil agencies since 1957. An average of 3 per year. Sometimes more.
    In all of that time I have been an owner of firearms. In all of that time I have never sought a firearm to attack any member of any agency who was administering treatment for an insulin reaction.
    Approximately 2 years ago during treatment by the Redwood City fire department, one of the firemen found a loaded Sig Sauer .40 S&W caliber pistol under the pillow of my bed.
    They called the Redwood City police department who arrived and removed that pistol from my premises. It was returned, but only after I went down on my time to the police station to sign papers to get it back.
    This pistol is legally registered to me. It remains loaded in my house. No minors ever enter my house. I know the law regarding my rights to keep a loaded firearm on my premises.
    When that pistol was confiscated, I wrote a formal letter of complaint to the chief of police and to the chief of the fire department of this city. They personally responded by visiting me at my home and apologizing.
    Now the illegal search issue. When I have an insulin reaction and require treatment by the fire department, they always call the police department. Either they (the fire department) or the police began to conduct a search of my bedroom for that pistol. They don't quit until they find it. They leave my room a mess. Strewing my personal belongings across the floor.
    I believe this action is a direct violation of my Constitutional rights. Both federal and state. They have no probable cause to believe that I would, while having this insulin reaction, seek out that pistol and attack them with it.
    As stated earlier. I am not a convicted felon. I haven't even been convicted of a misdemeanor.
    In addition, while I am having an insulin reaction, I am physically incapable of moving from one point to the other. I am also totally incapable of holding a glass of orange juice let alone a pistol that is not even within my grasp.
    The actions of this fire department and this police department are not warranted. Their actions have also lost their respect that I'd like to have. Their actions is a demonstration of paranoia that would be exhibited by a person or persons who should not be in a position such as the postions they respectively hold.
    I cannot convey my dislike to them. They do not listen to my voiced opinion and voiced dissatisfaction of their actions.
    I feel that myself and others will continue to have their rights violated if something isn't done.
    I'm talking law suite now. I feel that such an action will be the only action that will cause these authorities to cease exercising actions that I feel are well beyond their legal authority.
    Please resond. I wish knowledgeable legal responses and not opinions. What are my rights regarding this issue and a possible law suite? If I don't have any, then it's time to move to another country.

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