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Robert Leon Davis

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Don't voluntarily give police officers permission to search your home!
by Robert Leon Davis   
Rated "G" by the Author.
     
Last edited: Friday, June 26, 2015
Posted: Saturday, March 22, 2008

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Citizen arrested while attempting to do good! Don't permit this to happen to you and your love ones!

If you have read my many articles you are aware that I never suggest  to anyone to break the laws of any state or country for that matter.  But you  are also aware of the fact that I strongly advise citizens to exercise their constitutional rights and more importantly your GOD given rights against self - incrimination!   ( A disclaimer: all in this article are inocent until proven guilty!)

Mr. Robert M. Stroka, a 62 year old retired man from Niles, Illinios, was arrested for a misdemeanor charge of  possessing a gun and "ammunition" without a valid firearm ownership permit.  Okay, fair enough, he admitted he's guilty.  Now keep in mind that Mr. Stroka also retired from the City of Niles and was working part time as a community service officer for the city. Okay, no problem, he's not seeking special treatment either!

Here's the part of the story that irritates me and others to no end.  Mr. Stroka had called the Niles Police Department to "remove" two people who was smoking "crack" in his home.  That's right, crack!  It's his home and he wanted them to leave. They wouldn't leave!  What they were doing was clearly illegal and he wanted no part of it!

When the police officers arrived, for some reason ( we also did this quite commonly when I was a cop, I call it "a trick") they ask Mr. Stroka could they search his home.  He "gave" them permission. That's when they found the gun and "ammunition".

Now do you see why I advise ( and so will most defense attorneys) every citizen NOT to ever "give" the police or anyone permission to search your residence or vehicle for that matter!  You are in fact incriminating yourself if they find anything illegal, no matter how small the crime.  If they have no search warrant, say NO when they asked you, period!  And another thing, make certain that they "only" search what the judge has spelled out in the warrant.  If it says search the garage, make sure they only search the garage!  And please don't fall for the mind trick, "if you got nothing to hide why not let us search"?  Oh please!  Listen, one more time, "YOU DO NOT HAVE TO GIVE ANYONE "PERMISSION" TO SEARCH YOUR HOME OR VEHICLE".

Noticed how he went from being a victim to the perpetrator (place yourself in his position mentally).  And what's worse, the officers, through their descretion, could have just warned him to go get a permit the next day.  Apparently the gun wasn't stolen (no charge reported) and unloaded so there was no need to arrest him, unless you just wanted another arrest placed on your job review!  Their job should have been to simply asked the two people to leave and if anyone was arrested it should have been the "crack smokers".  Mr. Stroka should have loaded that gun and ran... oh I'm sorry, let's get back to the subject.

And for those of you that might say " Robert, what he did was a crime", please keep in mind, when police officers are trained in the academy, they take courses in discretionary evaluations (I did as well).  The main determination in evaluating your decision is "common sense" and the "urgency of the situation".  This man wasn't a threat in the slightest. And to go from victim to suspect is very disturbing, not to mention that he now has a police record after 62 years of obeying the laws, obeying the very laws mandated by the city he served with for years. This was overkill in my opinion!

It's not finish yet!  Mr. Stroka still has to go to the Skokie Division of the Cook County Court  to await his sentence!   I really hope the DA that's assigned to this case drop the charge.  I for one and a few of my friends will write the DA's office Monday and beg him to drop the charge, followed by a few telephone calls. 

You know another reason why this upsets me soo much and happened to be one of the longest articles I've written about a "seemingly  small" subject?  This could have been my father, or your grand father!

Anyway, I respect your opinions if you disagree but I just feel that this is a simple "waste" of tax dollars. Oh, by the way, the "Big Ammunition" charge...they found three bullets lying nearby! 

Web Site: Read Legal Minds and learn what to do or not to do when approach by police


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Reviewed by John Martin
Reviewed on March 23, 2008
Very Good Article and advice…. Never assist the police in trying to find something to lock you up for, be it home or car. When they ask you, “Do mind if I search… What they are saying is…. “I don‘t see anything wrong… but I am sure if you let me, I will.” Of course, if you say, Yes I do mind officer! Their next response will be, “Well if you don’t have anything to hide, why you would mind if I search?” The answer as to why you should mind is simple…. Let’s say you weren’t doing anything wrong… Sure officer, go ahead.. What happens if he sticks his hand between the back seat on comes up with ounce of weed that a friend of one of your kids friends hid their? What if they remove your door panel and find a vile of crack cocaine forgotten by one of the workers on the assembly line? What happens is.. You are hand cuffed, you get meet some interesting new people in jail, you‘re probably going to loose your job, you are going to pay a fortune to a lawyer and put you family through hell. The fact is… If you have an unlicensed gun on your seat or a bag of white powder in the back seat, they don‘t have to ask to search. Hence, if you have a broken tail light, do not engage in conversation with the officer. If the officer starts asking questions… Where are you coming from? Your answer needs to be , “Are you asking that question as part of an on going crime investigation? If the answer is., “I’m just asking.” Then your answer needs to be, “ I’m afraid I don’t have time for conversation officer, just write the ticket please, so I can be on my way.” Where are going? Write the ticket, please! “ By all means we should cooperate with the police and assist them in apprehending criminals. But we should not be assisting them in making us criminals, that’s why we have the fourth amendment..

Reviewed on March 22, 2008
I'm glad I stopped by to read this! Very interesting info to have.Don't know why police would come to my door, but I'm now forewarned!! I absolutely agree with your "waste of tax dollars"...Hope they put the two "crack-smokers" in jail.

Micke

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