ATF served me with a search warrant...

[David.Jones223]

So on Thursday, the ATF raided my house, CLAIMING they had reason to believe I had a stock pile of weapons in my home. Quite the contrary, I don't own or possess a single one. In Texas, even though I am a convicted felon, it is legal for me to own a firearm that must stay in my home, so long as it has been 5+ years since the last day of my probation. None the less, the ATF didn't find a single weapon, because I have none. Anyways, I was reading an article that stated the service of a searCh warrant gives the ATF the ability to search my home, however, under the 4Th Amendment, it does not give them the ability to handcuff me, or not allow me to leave after myself and my vehicle have been searched. Both of which, they did. Handcuff me and make me stay in a single chair. They found no weapons but took my computer to check for photos of me with weapons, which the lead agent actually already had on his phone. A picture of me, holding what "looks to be" an AR15. Now, the picture was taken in Alaska, a state that I am legally allowed to possess any type of firearm. I do know federal law supersedes state law, but since I was a normal quiet guy, I never gave the ATF much consideration. Anyways, I feel like if they wanted to arrest me for felon in possession, they could have done it just with the picture they already had. My question is this, was there Infact a 4th amendment violation? Does the fact that they took property NOT listed on the property sheet at "Items confiscated " mean they can't use it against me? I hired an attorney that afternoon, and answered ZERO QUESTIONS they ask

this is what I posted as a guest then registered. Still trying to figure out how I pm people that requested I do. Any info related to this post would be GREAT.

 

[phill4paul]

Hover over the persons user name, then right click. Second choice down click "Send Private Message."

 

[William Tell]

Hover over the persons user name, then right click. Second choice down click "Send Private Message."

I don't think new users have that capability.

 

[phill4paul]

I don't think new users have that capability.

Ah, possibly. Might take a certain number of posts.

 

[Bryan]

I don't think new users have that capability.

Thanks is correct, but I just cleared David for PMs.

 

[David.Jones223]

Thanks Bryan!!! Much appreciated.

 

[fr33]

A picture of me, holding what "looks to be" an AR15. Now, the picture was taken in Alaska, a state that I am legally allowed to possess any type of firearm. I do know federal law supersedes state law, but since I was a normal quiet guy, I never gave the ATF much consideration. Anyways, I feel like if they wanted to arrest me for felon in possession, they could have done it just with the picture they already had.

They could but are much less likely without physical proof because it would not be sufficient evidence in court. Pics of realistic fake guns would be equally presented to counteract their pics. I advise you to stop admitting to anything legal in Alaska.

Your attorney should be able to answer your other questions.

 

[Weston White]

So a third-party (digital) photo, allegedly taken in Alaska at an undisclosed time, depicts an individual holding an (interstate commence) AR who is allegedly a felon residing in Texas; subsequently, resulting in a warrant seeking a firearms cache, arrest and release, and seizure of personal property. ...The premise for this seems a bit sketchy, an angry ex seeking revenge or friend looking to plea-bargain perhaps?

It is a maxim that mere suspicion, rumor, conjecture, or belief alone is not enough to warrant searches or seizures; and potentially worth noting is the statute of limitations on such federal crimes ranges between 5-7 years, generally—and while there may be legal exceptions made by states for felons, federal prosecution is still applicable regardless.

Also noting that federal felons with firearms or munitions excludes only: 18 USC § 921(a)(20):

The term “crime punishable by imprisonment for a term exceeding one year” does not include—

(A)any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B)any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

And some helpful information, compliments of the ATF:

8. I have been convicted of a felony. How do I reinstate my rights to possess a firearm?

Persons who have been convicted of a “crime punishable by imprisonment for a term exceeding one year,” as defined by 18 U.S.C. § 921(a)(20), are prohibited from receiving or possessing firearms under Federal law, 18 U.S.C. § 922(g)(1). Felons whose convictions have been set-aside or expunged, or for which the person has been pardoned or has had civil rights restored are not considered convicted under section 922(g)(1), unless that person was expressly prohibited by the law of the jurisdiction in which the proceedings were held from possessing firearms. Persons convicted of a State offense should contact the State Attorney General’s Office in the State in which they reside and the State of the conviction for information concerning State and local firearms restrictions, and any alternatives that may be available, such as a gubernatorial pardon or civil rights restoration. If your conviction is for a Federal offense, you would regain the ability to lawfully receive, possess, or transport firearms if you receive a Presidential pardon. You can find additional information about such pardons by contacting the Office of the Pardon Attorney online at www.usdoj.gov/pardon/. The GCA includes a provision that gives ATF authority to grant relief from Federal firearms disabilities. 18 U.S.C. § 925(c). However, since 1992, ATF’s annual Congressional appropriation has prohibited ATF from expending any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in ATF appropriations, ATF cannot act upon such applications for relief.

http://www.atf.gov/files/firearms/industry/0501-firearms-top-10-qas.pdf

 

[paleocon1]

buck up they probably have a black op as a part of which they will offer you a gig as patsy..........except the patsy part won't be exactly spelled out.

 

[osan]

So on Thursday, the ATF raided my house, CLAIMING they had reason to believe I had a stock pile of weapons in my home. Quite the contrary, I don't own or possess a single one. In Texas, even though I am a convicted felon, it is legal for me to own a firearm that must stay in my home, so long as it has been 5+ years since the last day of my probation. None the less, the ATF didn't find a single weapon, because I have none. Anyways, I was reading an article that stated the service of a searCh warrant gives the ATF the ability to search my home, however, under the 4Th Amendment, it does not give them the ability to handcuff me, or not allow me to leave after myself and my vehicle have been searched. Both of which, they did. Handcuff me and make me stay in a single chair. They found no weapons but took my computer to check for photos of me with weapons, which the lead agent actually already had on his phone. A picture of me, holding what "looks to be" an AR15. Now, the picture was taken in Alaska, a state that I am legally allowed to possess any type of firearm. I do know federal law supersedes state law, but since I was a normal quiet guy, I never gave the ATF much consideration. Anyways, I feel like if they wanted to arrest me for felon in possession, they could have done it just with the picture they already had. My question is this, was there Infact a 4th amendment violation? Does the fact that they took property NOT listed on the property sheet at "Items confiscated " mean they can't use it against me? I hired an attorney that afternoon, and answered ZERO QUESTIONS they ask

this is what I posted as a guest then registered. Still trying to figure out how I pm people that requested I do. Any info related to this post would be GREAT.

Why were they watching you and where did they get the photo in question?

 

[fr33]

Why were they watching you and where did they get the photo in question?

He shouldn't answer those questions. He's posting under what looks like a real name. This thread can be found by search engines.

 

[ChristianAnarchist]

I also agree that you should say nothing. Silence is your best friend and there's plenty of youtube clips to prove it (search for "don't talk to the cops"). As to who can and cannot own a gun it's all subject to the goons and how they feel. I have a friend in Alaska who had a felony 30 years ago and had his "rights restored" under Alaska goon law to own weapons. After several years of hunting and buying and selling guns privately someone called the ATF and they raided his home and took $50,000 worth of weapons from him and his non-felon wife. Not just guns but also hunting knives. That was 2 years ago and now he's got 5 years of goon probation to suffer through. The bottom line is THERE IS NO LAW! There are goons with guns and they will do what they want when they want.

Don't expect anything good to come of this and you'd better stop talking about anything in this regard because they will use everything against you. You have probably already said too much and you need to probably get a good lawyer and it's going to cost you lots of $$$ unless you can learn to talk goon lawyer speak real quick...

 

[Stratovarious]

Hope you get through this ok, but they are right, you've probably already said (here) more than you should, move to pm's with
those that have offered.
I know nothing other than: DO NOT LIE, ANSWER NOTHING WITHOUT AN ATTORNEY PRESENT.
They'll engage you in a conversation that will come back to bite hard.