It’s not that easy with a 911 call. They are duty bound to ensure there are no issues at the residence. Refusing entrance will only cause more suspicion and likely result in a search of the residence.
There's a chance this one gets tossed for Charter reasons.
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I doubt it. Especially when he gave them permission to enter. Any guns in plain view that were improperly stored, can be seized, and charges laid. A warrant would be required to search further, unless they can satisfy the court that a further search was needed to make sure no emergencies existed. If not, any guns found after the plain view search would not be admissible. The offences can still be proven with the evidence of the first guns seen.
If the man was home could he not say that they were in plain sight because he was inspecting them for routine maintenance? Safe storage doesn’t mean all firearms must be under lock & key at all times?
Everyone seems to want to defend the guy.:confused: Does no one think what he did was illegal and he should be held to account for it? Why not? As a fellow gun owner, I do not appreciate people found with unsecured guns, let alone a hundred of them. More ammo for the anti's.
It can be true that what he did was illegal, yet also true that there are Charter concerns with police asserting the power to search purely on the basis of a misdialled 911 call. To me the Charter concern outranks the storage offence.
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