Tuesday, August 12, 2014

NJ: Man Stabbed by Wife - Police Destroy Safes, Take his Guns

Robert Lintner, 64 was seen holding his wife outside his home and calling for neighbors to call police.  He had been stabbed in the neck by his wife in a domestic dispute.   His wife is 65.   She was arrested, and he was treated and released. 

Then it gets interesting.   Remember, this is New Jersey, where the government says that you have no rights to weapons, only what the state allows you.  From nj.com:

Following standard protocol, officers responding to the domestic incident tried to secure any weapons in the house, the chief said. When Lintner would not cooperate, police got a search warrant and called in firefighters to use the Jaws of Life to crack open several 6-foot-tall storage safes.
The police took about 200 firearms from the house, as well as tens of thousands of rounds of ammunition.   They also found a fair amount of gunpowder, claimed at 300 lbs in initial reports.

Mr. Lintner was released after posting $2,500 bail ahead of a municipal court hearing.   He is charged with "creating a risk of widespread hazard" for the storage of the gunpowder.   His wife was released on $75,000 bail and has been ordered to have no contact with her husband.

So, the police are claiming that they can search your home if anyone from it is accused of domestic violence?   And if refused, they can obtain a warrant to search it anyway?   From Mindlesspuppet's  comment at the site:

"Standard protocol " is also a violation of the NJ Criminal Code :

(3) No victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self defense against domestic violence by an attacker. 

d. (1) In addition to a law enforcement officer's authority to seize any weapon that is contraband, evidence or an instrumentality of crime, a law enforcement officer who has probable cause to believe that an act of domestic violence has been committed shall: 

(a) question persons present to determine whether there are weapons on the premises; and 

(b) upon observing or learning that a weapon is present on the premises, seize any weapon that the officer reasonably believes would expose the victim to a risk of serious bodily injury. If a law enforcement officer seizes any firearm pursuant to this paragraph, the officer shall also seize any firearm purchaser identification card or permit to purchase a handgun issued to the person accused of the act of domestic violence

The only weapon that should have been seized is the knife. 

She used the knife to attack him! 

Weapons are seized if an officer reasonably believes they pose a risk to the VICTIM. 

The language is very clear. 

It's obviously a bogus warrant the Judge issued. When that gets thrown out , you have nothing. Doesn't matter what they find if the warrant was defective.
I am not a lawyer, but I suspect that even if evidence is thrown out, this man will never be made whole.   The police are investigating to see if any of the firearms are not "legal", which in New Jersey is a fairly high standard.   Remember, in New Jersey, many Marlin .22 rifles are legally "assault weapons".

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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Anonymous said...

He's screwed!

Wireless.Phil said...

In Ohio, no matter who started the DV, all guns are removed.

Hide your good stuff at a trusted frinds home.

Unknown said...

Total bullshit. Stay out of his home and his safes. NAZIS DID THE SAME THINGS.