19262warrentless arrests in homes of any resident in the State?
- Mar 17, 2013“warrantless arrests in the homes of any resident in the State” per State of Washington Senate Bill 5737 –2013-2014I've outlined my research here with respect to an email I received relating to warrantless searches in the State of Washington. I'm disturbed that something like this can take place, so aside from wanting to share this information, it would be great to hear from other group members about what they think of Senate Bill 5737 being presented for legislative approval and the potential of passing it into law, even with the most egregious portion of it having been removed. Here is the link that I received in the email: http://beforeitsnews.com/alternative/2013/02/democrats-in-washington-backtrack-on-plan-to-allow-police-to-search-gun-owners-homes-without-a-warrant-2-2572028.htmlSB 5737 may have been stalled (Seattle Times, http://seattletimes.com/html/localnews/2020373291_westneat17xml.html), so some or all of the following information could be changed. I believe that the issue is not that it may or may not be changed, but that our government representatives, of the men and women of our united States, believed that they could get away with enacting a law that allows warrantless searches, for even a lowly traffic stop or illegally catching a fish with a net (page 20 of the bill, line 14 [RCW 77.15.580(3)(b))] Part 4 of this revised code of Washington reads: it is lawful to use a landing net to land fish otherwise legally hooked.Read through all of the paragraphs to put together the pieces.This Senate Bill provides for Authority to be given to the following agencies - All Federal Agencies and: fish and game, departments of natural resources and social and health services, state gambling commission, state lottery commission, state parks and recreation commission, state utilities and transportation commission, the state liquor control board, office of the insurance commissioner, and state department of corrections (take note: not the insurance commissioner but the office of the insurance commissioner, meaning some paper pusher could have warrantless access to your home). Once again, keep in mind that Bill 5737 may have been stalled (Seattle Times, http://seattletimes.com/html/localnews/2020373291_westneat17xml.html), so some or all of the following information could be changed.Here is the web address for the State of Washington Senate Bill 5737 – 2013-2014, banning the sale of assault weapons - http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bills/Senate%20Bills/5737.pdf. Although the claimed intent of the bill is to address assault weapons (whether you agree or disagree with that subject matter), upon reading the contents of this bill, it is found that more sinister legislation has been included, as you will see by reading the specific sections: Here is the web address of the original bill and the following locations of importance (copy of the bill is below): http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bills/Senate%20Bills/5737.pdf *****"Don't forget, we have to pass the bill so we can see what's in it." (famous Nancy Polosi Quote)Page 1, Lines 5-8: Sec. 1. RCW 9.41.010 and 2009 c 216 s are each reenacted and amended to read as follows:Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.Page 2, Lines 35-37: (8) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020 *.Page 3, Lines 15-18: (k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; (the key here is that “or by the operation or driving of a vehicle in a reckless manner, means that the determination, accusation or fabrication by any General Authority Washington Peace Officer (which means any government employee) has authority to initiate a warrantless search of your home.* Here is what is says in RCW 10.93.020: found at the following web address: http://apps.leg.wa.gov/rcw/default.aspx?cite=10.93.020Paragraph 6 of section 10.93.020 states the following: (6) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.In addition to all of this, the new Senate Bill banning assault weapons does not apply to: Page 8, lines 5-8: (8) This section does not apply to: (a) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this or another state while acting within the scope of their duties;So it appears that State of Washington has now tried to pass legislation allowing every government department and agency, including Federal peace officers, to make warrantless arrests in the homes of any resident in the State. And that includes any traffic violation that can be trumped up to include “reckless manner”. So if your headlamp on your backup lights are not working, any member of any agency, including the Federal Government, can make a warrantless search of your home, simply by stating “it appeared that they were driving in a reckless manner”.Hundreds of years ago one may have said, “The Redcoats are coming, the Redcoats are coming”, unfortunately they are already here.The first section below is from the first 8 pages of the original bill, without the additional list, at the end, of 12 pages of “CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL” including the really, really serious crime of unlawful use of a net to take fish.State of Washington SB 5737 - 2013-14 Banning the sale of assault weapons.1 AN ACT Relating to banning the sale of assault weapons; reenacting2 and amending RCW 9.41.010 and 9.94A.515; adding a new section to3 chapter 9.41 RCW; and prescribing penalties.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 Sec. 1. RCW 9.41.010 and 2009 c 216 s 1 are each reenacted and6amended to read as follows:7Unless the context clearly requires otherwise, the definitions in8this section apply throughout this chapter.9 (1) "Antique firearm" means a firearm or replica of a firearm not10 designed or redesigned for using rim fire or conventional center fire11 ignition with fixed ammunition and manufactured in or before 1898,12 including any matchlock, flintlock, percussion cap, or similar type of13 ignition system and also any firearm using fixed ammunition14 manufactured in or before 1898, for which ammunition is no longer15 manufactured in the United States and is not readily available in the16 ordinary channels of commercial trade.17 (2) "Barrel length" means the distance from the bolt face of a18 closed action down the length of the axis of the bore to the crown of^p.1 SB 57376^1 the muzzle, or in the case of a barrel with attachments to the end of2 any legal device permanently attached to the end of the muzzle.3 (3) "Crime of violence" means:4 (a) Any of the following felonies, as now existing or hereafter5 amended: Any felony defined under any law as a class A felony or an6 attempt to commit a class A felony, criminal solicitation of or7 criminal conspiracy to commit a class A felony, manslaughter in the8 first degree, manslaughter in the second degree, indecent liberties if9 committed by forcible compulsion, kidnapping in the second degree,10 arson in the second degree, assault in the second degree, assault of a11 child in the second degree, extortion in the first degree, burglary in12 the second degree, residential burglary, and robbery in the second13 degree;14 (b) Any conviction for a felony offense in effect at any time prior15 to June 6, 1996, which is comparable to a felony classified as a crime16 of violence in (a) of this subsection; and17 (c) Any federal or out-of-state conviction for an offense18 comparable to a felony classified as a crime of violence under (a) or19 (b) of this subsection.20 (4) "Dealer" means a person engaged in the business of selling21 firearms at wholesale or retail who has, or is required to have, a22 federal firearms license under 18 U.S.C. Sec. 923(a). A person who23 does not have, and is not required to have, a federal firearms license24 under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only25 occasional sales, exchanges, or purchases of firearms for the26 enhancement of a personal collection or for a hobby, or sells all or27 part of his or her personal collection of firearms.28 (5) "Family or household member" means "family" or "household29 member" as used in RCW 10.99.020.30 (6) "Felony" means any felony offense under the laws of this state31 or any federal or out-of-state offense comparable to a felony offense32 under the laws of this state.33 (7) "Firearm" means a weapon or device from which a projectile or34 projectiles may be fired by an explosive such as gunpowder.35(8) "Law enforcement officer" includes a general authority36Washington peace officer as defined in RCW 10.93.020, or a specially37commissioned Washington peace officer as defined in RCW 10.93.020.^SB 5737 p. 2^1 "Law enforcement officer" also includes a limited authority Washington2 peace officer as defined in RCW 10.93.020 if such officer is duly3 authorized by his or her employer to carry a concealed pistol.4 (9) "Lawful permanent resident" has the same meaning afforded a5 person "lawfully admitted for permanent residence" in 8 U.S.C. Sec.6 1101(a)(20).7 (10) "Loaded" means:8 (a) There is a cartridge in the chamber of the firearm;9 (b) Cartridges are in a clip that is locked in place in the10 firearm;11 (c) There is a cartridge in the cylinder of the firearm, if the12 firearm is a revolver;13 (d) There is a cartridge in the tube or magazine that is inserted14 in the action; or15 (e) There is a ball in the barrel and the firearm is capped or16 primed if the firearm is a muzzle loader.17 (11) "Machine gun" means any firearm known as a machine gun,18 mechanical rifle, submachine gun, or any other mechanism or instrument19 not requiring that the trigger be pressed for each shot and having a20 reservoir clip, disc, drum, belt, or other separable mechanical device21 for storing, carrying, or supplying ammunition which can be loaded into22 the firearm, mechanism, or instrument, and fired therefrom at the rate23 of five or more shots per second.24 (12) "Nonimmigrant alien" means a person defined as such in 825 U.S.C. Sec. 1101(a)(15).26 (13) "Pistol" means any firearm with a barrel less than sixteen27 inches in length, or is designed to be held and fired by the use of a28 single hand.29 (14) "Rifle" means a weapon designed or redesigned, made or remade,30 and intended to be fired from the shoulder and designed or redesigned,31 made or remade, and intended to use the energy of the explosive in a32 fixed metallic cartridge to fire only a single projectile through a33 rifled bore for each single pull of the trigger.34 (15) "Sell" refers to the actual approval of the delivery of a35