Oshkosh Police Conduct Door-To-Door Gun Confiscations

H

Hunt4lyf

Guest
Oshkosh police say 'Sorry' for trampling citizens' rights in door-to-door gun confiscations.

Oshkosh, Wis. -- In what appears to be an admission of wrong-doing by the Oshkosh Police Department, Fox 11 WLUK (Green Bay) has reported that area resident Terry Wesner was offered an apology by the department.

Police evacuated citizens from their homes within a quarantined area near Smith Elementary School Saturday night (July 17, 2004) to conduct a broad gun sweep of the neighborhood following the shooting of Oshkosh police officer Nate Gallagher.

Residents reported returning home from area shelters -- where they were herded by police -- to find their guns gone.

Others watched in awe as police took their firearms after giving police consent to search. Some were told by police their firearms would be subjected to ballistics tests, and would be returned.

"However, the bullet that hit officer Gallagher was not found," said Corey Graff, executive director of Wisconsin Gun Owners Inc. "So how can police conduct ballistics tests if there's no bullet with which to match the results? It defies logic."

Graff said the biggest issue is what he calls the department's "Guilty-until-proven-innocent" posture towards citizens.

In what appears to be a blatant knee jerk abuse of police power, the department unleashed the dogs ? literally ? when the Special Weapons and Tactics Unit (SWAT) showed up with its K-9 Unit to begin house-to-house searches.

According to media reports, the suspect fled on foot into the neighborhood, and has not been apprehended.

Warrants for searches were issued for at least two homes, (perhaps more) but homeowners in the area reported having all their firearms taken by police.

Some witnesses said the whole neighborhood was evacuated by force and citizens were being told ? not asked, but told ? to hand over their guns. Some weren't even asked.

"That's what makes me so mad," said resident Terry Wesner in an Oshkosh Northwestern report (July 20, 2004). "They had no reason [to remove firearms] without a warrant. . .I didn't know they removed anything until my buddy, who's staying with me, noticed they were missing. I thought you had to have a warrant to take someone?s guns." [Emphasis Added]

In a subsequent report, another resident, who worked the late night weekend shift, reported he came home to find a scene that looked like his home had been burglarized ? he said personal belongings were thrown about ? and his gun safe was empty.

"They didn't even leave a note, telling me what was going on," the man said on camera.

An elderly woman said she woke up to find police ? who were reported to be dressed in black, quasi-military gear ? conducting a search in her home in the early morning hours.

"Did the fact that this poor senior citizen happened to live in the immediate area of the crime warrant "Reasonable Suspicion" or "Probable Cause" that she could have committed this heinous act?" asked Graff.

"Is Grandma taking pot shots out her kitchen window? Is she hiding something in the cookie jar?" He said.

In the same Oshkosh Northwestern report (July 20, 2004) Oshkosh Police Captain Jay Puestohl was reported to have, "declined to say on what grounds officers had the right to remove the firearms?"

"If officers were acting honorably and respecting property owners' rights, why not say so? Why not be upfront? Why the secrecy?" Graff said.

One resident in the neighborhood may have found himself the subject of the investigation simply by refusing to consent to a search (entirely within his rights) according to the news report.

The Oshkosh Northwestern story quoted one neighbor ? who suspected homeowners who exercised their right to refuse consent to the heavy-handed searches, were presumed guilty by police ? as saying:

". . .[T]hey?ve been downright rude to us. . .You don't treat so-called civilians this way." [Emphasis Added]

The news story goes on to say that Captain Puestohl ". . .declined to say whether officers pursued the warrant because the residents refused a consent search."

This hysteria-driven Oshkosh neighborhood gun grab could establish a nightmarish precedent for a wide-open abuse of police power to be unleashed upon Badger State gun owners said WGO.

The silence from other gun rights groups on this issue is deafening.

"The institutional gun lobby is just as scared as the poor people in that Oshkosh neighborhood," Graff said. "They might be thinking, 'If I speak out, will my guns be next?'"

Wesner, one of the brave gun owners to speak out against the rash of gun confiscations that occurred after the shooting, said police confiscated his guns after entering his home without a search warrant.

He reported in a Thursday, July 22 television interview with WLUK-FOX 11, "They [the police] are not going to come in my home again [without a warrant]."

That same report stated that the police "acknowledged a lack of proper procedure [in not obtaining a warrant]."

Wisconsin Gun Owners Inc. said the most effective response for gun owners is to join and contribute to the organization's bold, no-compromise educational crusade.


--------------------------------------------------------------------------------

7-17-2004

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."
 
As a former law enforcement officer, I can understand the police dept. going all out to apprehend the suspect who shot their officer, but not at the expense of law abiding citizens who just had the misfortune to live in the area of the crime.
If this story is true, there is a violation of the 4th. amendment concerning unlawful search and seizure. I am sure that if these citizens checked, they would also find a violation of the involved dept. rules and regulations concerning lawful seizure of property from a citizen.
These citizens need to get together with an attorney and determine if their rights were infact violated. If it is determined that their 4 th. amendment rights were violated, they need to file a joint civil lawsuit against the dept. and the officers who violated their rights.
If there was a violation of the dept. rules and regulations, they need to file an internal affairs complaint against the officers who violated their rights. Someone in that dept. had to give the approval to conduct the searches and seizures and he or she needs to be held accountable for their abuse of power and violations of the rights of those citizens. That person does not need to be in law enforcement if they gave unlawful orders to officers to illegally search and seize firearms from citizen's homes without due process.
Hunt4lyf keep us posted on this if you can.
RELH
 
As a retired Police officer and SWAT team member, I agree with RELH, he hit on the head. Someone is going to get their peepee wacked on this one if the media's account of the event is accurate. I am guessing they are attempting to go on exigency for the warrantless searches. Won't fly for an entire city search. But those who invited police into their homes and volunteered to hand over their guns, won't have a leg to stand on as far as suit goes. Unless they say there were coierced into agreeing to hand over their guns. The old golden rule for Police Liability. Police have to make snap decisions without all the facts and run with them, eveyone else gets to sit back after the fact and pick it apart, knowing the facts of the cases. Hope the officer is okay and returns to good health. I didn't see in the statement he was killed. Hope they catch the dirtbag that did it, although I know they will. You shot a cop and everyone will be on you, tight group of brothers. Oshkosh probably made some mistakes on this one, mixing emotions(fellow officer just shot) and enforcement(searches) didn't mix well.
Marty
 
If they don't already have one, the city of Oshkosh will be wishing they had a very large liability insurance policy; there will be a bundle of civil rights lawsuits filed in the near future. Furthermore, it's likely that a federal civil rights investigation will ensue to identify the culpable party(s), which is likely to turn out to be the chief of police and mayor. It continues to amaze me that the level of support for civil rights (including the second amendment) is very high among rank and file police officers, whereas the vast majority of chiefs are motivated by political expediency...

Venado muy grande!
 

Click-a-Pic ... Details & Bigger Photos
Back
Top Bottom