Okay, things got a little out of hand on my Glenn Beck thread, so let me put this more specifically. If LEOs come to my home to get my guns, and if I say no and am arrested on the spot, does this constitute probable cause for the LEOs to enter my home and take whatever they find? Please, let's deal with the legal aspect of my scenario, if you remember it. Thanks.
If they come to your home for the purpose of removing your firearms, they will be doing so on the basis of a warrant. The arrest will not matter. They are there under court/executive orders to confiscate something. Probable cause will have been established long before.
They may not have a court order or warrant. An Executive Order does not carry the same weight, or at least it should not. Just look at what happened after Katrina.
So probable cause is already assumed before the knock at the door. Okay, thanks, that helps. Legally or illegally, me arrested or not, they will take my guns in such a scenario. God help us all if it gets to that point. Thanks everyone.
Only if the warrant authorizes the search and seizure of specific items within the home. They may conduct a "protective sweep" looking for anything unlawful that is within plain view (which is why you should never let a police officer see inside your house without a warrant). Maryland v. Buie, 494 US 325 (1990). Anything seized that was not in plain view would be an improper seizure and would be thrown out if you've got a reasonably good lawyer and everything has been documented correctly.
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