Posted on 07/27/2004 9:46:21 AM PDT by JOAT
TYRANNY ALERT!
OSHKOSH POLICE CONDUCT DOOR TO DOOR GUN CONFISCATIONS
Shooting of Oshkosh police officer results in knee jerk neighborhood gun grab
Oshkosh, Wis. -- Following the shooting 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."
Wow... No probable cause? Is won't last..
Isn't this a violation of the FOURTH amendment? (The oft-forgotten amendment.)
OMG. Is it time yet?
"Warrant? I don't have to show you any steenkin warrant!"
I hope the citizens get enough support from gun organizations (and maybe even the ACLU, after all, this is a 4th amendment issue) to bust some ass.
SO9
Over/under on weeks until the inevitable (and totally justified) class-action lawsuit is filed?
http://www.wbay.com/global/story.asp?s=2064099&ClientType=Printable
Oshkosh
Couple Arrested During Investigation of Police Shooting
By Jerry Burke
It appears detectives have arrested the man they believe shot an Oshkosh police officer Saturday night. The Winnebago County Sheriff's Department says a "man of interest and his wife" were arrested Monday night.
Mark and Kimberly Jungwirth live just a few houses from where the officer was shot. They were taken into custody as they returned from a trip up north. According to investigators, the two left shortly after the shooting.
Witnesses told police Mr. Jungwirth appeared to be under the influence of something.
Both were in court Tuesday afternoon but neither was charged with the shooting. Instead they're charged with manufacturing a controlled substance in their house, namely marijuana.
"As the police were doing their door-to-door search on the night in question, they came upon the Jungwirth house and they found what is allegedly called a growing operation going on," District Attorney Bill Lennon said.
The Jungwirths were free after posting bond Tuesday.
The Jungwirth house became the focal point of the investigation. Police got a search warrant and that's when they found the Jungwirths were allegedly growing marijuana in the basement. The D.A. says that's also when detectives found things that indicate Mark Jungwirth may be the one who fired the shot.
We do know police are looking all over for the bullet that was fired but went through Officer Nate Gallagher's arm. They did find a shell casing in Jungwirth's yard. The D.A. said it's possible someone other than Jungwirth could have pulled the trigger.
"It's fair to say he's a person of interest. He's one of the people we've interviewed, he's one of the people we've gone to seeking some answers," Lennon said.
Jungwirth has hired a lawyer and is refusing to cooperate with police.
We won't know until Wednesday what police removed from the Jungwirth's house. That's when the search warrant will be returned to the Clerk of Courts office.
People in the neighborhood welcomed the latest developments. Neighbor Rick Seefeldt said, "I'm relieved that they possibly caught the guy. I've got two kids, my brother-in-law's got a few kids, and we don't need this kind of stuff running around here."
"I grew up in Oshkosh for about eight years," Seefeldt continued, "and to find out something like this happens on the street in this nice neighborhood, it's just nuts. But I'm glad if they got him in custody. I'm glad if they can solve this whole thing and we can go back to living without fear."
It's times like this that I wish I were a scum-bag trial lawyer like Edwards. My clients and I would end up owning Oshkosh...
HOLY CRAP!
The chief should be dismissed and charged with violating the constitution (3 articles that I can think of off the top of my head), and every officer involved in the raid(s) firmly disciplined, if not also charged.
In addition, they should all be required to take a course at their own expense on the US Constitution.
If they can't get a US federal prosecutor to do it, I'm sure the NRA or GOA could find a lawyer or two to launch a major civil action.
I'm stunned by this!
These cops are IDIOTS! If one of these guns turns out to be the one used to shoot the officer (unlikely), how the hell do they think they're going to keep the case from being thrown out on constitutional grounds? Nothing like breaking the law to solve a crime.
Apparently they have decided they are a law unto themselves. Time for them to lose their jobs.
http://www.duluthsuperior.com/mld/duluthsuperior/9215606.htm
Oshkosh police ask neighbors to scour yards for missing bullet
Associated Press
OSHKOSH, Wis. - Investigators are asking residents of an Oshkosh neighborhood to scour their yards and property for the bullet that hit a police officer.
Officers said Wednesday that they plan to circulate fliers along several blocks in the area where Officer Nate Gallagher was shot in an unprovoked attack Saturday. They're asking people to search for metal bullet fragments or any new property damage.
"A person of interest" has been identified in the shooting, but police don't yet have enough evidence to send the case to the district attorney, Sgt. Steve Sagmeister said.
Gallagher, a 5-year veteran, was shot in the right arm while speaking to another police officer outside his squad car. Many people heard the single shot, but investigators have been unable to find anyone who saw the shooter.
Gallagher was treated and released from a local hospital Sunday.
JACKBOOT THUG ALERT!!!!!!!!!!!!!!!!!!!!!
Er...sounds like this search may also be unconstitutional. If you don't have a valid right to randomly search houses looking for a gun, then anything you find in those searches will also be bounced.
Idiots!
If you do no wrong, you have nothing to fear.
The Police are there to Protect and Serve.
It's for The Children.
If you do no wrong, you have nothing to fear.
The Police are there to Protect and Serve.
It's for The Children.
Ladies....you really NEED to see this!!!!
It amazes me sometimes what is posted as "news" in this forum. This is a hyped up press release, bordering on yellow journalism
Here are some different perspectives:
http://www.duluthsuperior.com/mld/duluthsuperior/news/politics/9181806.htm
http://www.wbay.com/Global/story.asp?S=2075608&nav=51s7P4nm
http://www.greenbaypressgazette.com/news/archive/local_16959064.shtml
I don't disagree with you, but some people are stupid enough to say, "Sure officer, you can look around without a warrant."
The very serious charges the original post makes are not supported by the wbay.com story. If these illegal searches and confiscations did take place they should be prosecuted to the fullest extend of the law, but let's not fly off the handle before the facts are in.
Yes, but it sounds as though the pot-growing operation was uncovered while the owners were away, meaning they did not give consent. Any lawyer worth his salt--in fact, any lawyer who stayed half-sober during his first year of law school--should be able to get this tossed.
Having a search warrant certainly helps with admissibility:
"We won't know until Wednesday what police removed from the Jungwirth's house. That's when the search warrant will be returned to the Clerk of Courts office."
They are lucky that more officers weren't shot as a result of this illegal activity.
The third link does say that SWAT took guns from at least two homes, promising to return them if not linked to the shooting. I wouldn't voluntarily hand over any of my guns, nor would anyone I know. Nor would the police have entered my home without a warrant.
Yes, idiots
If there's no warrant and no probable cause - and it goes to my place - then I do what I have to do.
You can't let the facts get in the way of a good rant on a thread like this.
"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."
And exactly how long could that take? years??
But taking my gun is simply not going to happen.
Yeah, like THAT will happen!
These are police, an arm of the government.
Only "big corp's" and "big industries" are evil and deserve to be sued for $10 billion.
There you go! Just like those traveling 'political correctness' seminars, have Constitutional Correctness services.
(Just cut me in for 5% on the first $20mil, and 2.5% after that. ;-)
thank you. i was skeptical at best when i read this "article." barricading the streets was absolutely necessary for the investigation as were the escorts. but the house-to-house searches were most likely for the perp and not an all out gun confiscating party. no one who has ever heard of the Constitution would ever conduct such a search. when the officers entered houses with permission, they most likely asked is there were any guns on the premises, but that is SOP. this press release is most likely a ploy to raise membership with its inflammatory language.
Holy crap.
WWHD (what would howard do?)
Amendments? We don't respect no steenking Amendments!
from your name i understand your response, but i do think you should read some of the other perspectives from actual newspapers and not from local gun advocacy groups. see post #19.
And these Jacka$$ Officers just guarantee the shooter will get off scott free because of the NUMEROUS Civil Rights violations that occurred in this Town
I'm not a sue happy person .. But if I were these home owners? .. I would sue the pants off of EVERY official in this town
You are, of course, correct. Where were my manners?
If you'll please excuse me, I'll just go freshen up the tinfoil in my hat.
[Just kidding!]
Yeah, but the fact is, they've already done it! If you don't have the resources to fight them you loose. These cops are criminals and I don't care what specious arguements they use. The old "I'm just doing my job" excuse won't do. Of course, if someone had resisted this un-lawful search they would be lucky to escape with their lives. Thugs.
MYGOSH
I shoot home intruders on sight. Lucky for them I don't live there.
NO warrant? Simply close the door and tell them to come back with one.
And these days, in my opinion, the only one that matters.
If they have bonds (which I believe they are required to) you can sue them. I don't think the bonding agency will be very happy with this but it will apply a lot pressure. This is nothing but the police state flexing it's muscles. What cracks me up is watching Cops and the Police officers always say that they "just want to help people".
Yeah but then you get hammered by the "well, if you don't have anything to hide" crowd. Then you will become a 'person of interest'.
Fruits of the poisonous tree.
FMCDH(BITS)
This is a valid case for the ACLU, however, I doubt very much they will be fighting this case.
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