San Jose PD Employees Attempt to Raid Garage Sale But Get Copblocked

Published On July 3, 2012 | By Pete Eyre | Articles, Videos

Yesterday Shannon sent a message via Facebook.com/CopBlock with a link to this video. I wrote back and asked if she had the time and interest to do a short write-up about the incident, which is shared below. This is an excellent example of just how much of a game-changer is having and using a camera and knowing and standing up for your rights when confronted by someone wearing a badge. Great job Shannon and fam! -Pete

Sunday afternoon, we were minding our business having a garage sale. It was about 3pm, things had slowed down a bit, we left the children outside and we moved to the garage and house to start preparing to shut down. When all of a sudden, my son comes in the house and says, “The cops just pulled up.”

At the same time, my 11-yo daughter grabs her camera and begins recording. I am in the house and grab mine and run out just in time to see Officer Tom Tiphayachan, Badge 3458 begin to fondle one of our expensive Airsoft guns. We ask him to leave our property and he insists he needs to ‘check’ them because ‘someone’ reported we were selling real guns.

Now on that note, we SHOULD be able to sell ANYTHING we want but in California, you must do a transfer / 10 day wait at a government approved gun dealer. Now, it is NOT a crime to have all your REAL guns laid out for sale and allow people to look at them and commit to buying them and follow up at a gun store later. So either way, he had NO right to come on our property and check our guns. So probable cause goes out the window.

We do not call the police, we do not talk to the police, we only film the police. Many years ago I used to think that most cops were good. After all, I was brainwashed to believe that they were here to protect you. It started in kindergarten with a visit, it ended when I was held at gun point by these thugs for open carrying my gun without a permit (which was legal until the beginning of this year). Since then, I found Copblock and Copwatch and began taking ‘Know Your Rights Classes’ and got really pissed off that I actually believed the lie.

I began filming EVERY encounter with the police. Even if I was driving by and saw them out with a citizen, I would film them. The more I did this, the more my eyes were open to just how corrupt and vile they really are. I have been threatened, harassed, our property taken and on one occasion, almost set up for a felony by one of San Jose’s finest. All while LEGALLY exercising my rights.This is WHY I record EVERY encounter. It has been what saved my ass.

Protect yourself from these thugs. Don’t call them. Don’t let them on your property. NEVER consent to searches. Record any encounter you have with them, learn your rights, exercise your rights and don’t let these thugs rape you of your personhood. You are more powerful than you know.

Other officers involved:
Alvarez, 3509 (female)
Mank, 3478 (male)

-Shannon, San Jose, California

San Jose Police Department
201 W. Mission Street
San Jose, CA 95110
408-277-8900


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About The Author

Pete Eyre is co-founder of CopBlock.org. As an advocate of peaceful, consensual interactions, Eyre seeks to inject a message of complete liberty and self-government into the conversation of police accountability.Eyre went to undergrad and grad school for law enforcement, then spent time in DC as an intern at the Cato Institute, a Koch Fellow at the Drug Policy Alliance, Directer of Campus Outreach at the Institute for Humane Studies, Crasher-in-Chief at Bureaucrash, and as a contractor for the Future of Freedom Foundation.He later hit the road as co-founder of the Motorhome Diaries and Liberty On Tour, and now resides in the 'shire.
  • HONORYOUROATH

    I wonder what little nosy, busy body,tattled on you.
    What’s sad is that with most citizens,these cops would have gotten away with this! Oh and I love how they tell you at the end to “have a nice day” after they illegally trespassed on your property,while illegally looking for evidence that they can use to lock you in a cage.

    I hope this will help other citizens learn how to assert their rights!
    Great job,love your work!

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  • arthur berg

    way to go never let the enemy fuck with you!

  • spirit of 46

    would be so awesome if somebody in the house made a phone call and 300 militia members showed up and forced the armed tresspassers of the property and placed them under citizens arrest

  • spirit of 46

    but in light of the way things DID work out perhaps you (the one who owns the property) can get a copy of the police report and take it to the Prosecutor and demand that charges be filed for armed criminal trespassing.

  • Hey

    Nice public relations tactics with the citizens. ^^

    Barging onto a property to investigate and then making up a fake story about someone calling in about guns just to see if you have anything illegal…

    …and then they wonder why the citizens don’t like them. ^^

  • George

    Obviously, the lady who was having the garage sale is a trouble-maker who is well known to the local police. She probably has a mile-long criminal record. Good for her, the low-life…

  • Steve H.

    The Magic Call; this gives leos the right to stomp on every civil right in the book. “We got a call”. F your call.

    Do you SEE any criminal activity? Then bugger off. The magic call DOES NOT give leos the right to do anything they want without consent.

  • http://www.policemisconduct.net Glenn

    Excellent work by the yard-sale folks. I wonder how things would have turned out had there been no cameras?

  • Deri Bular

    Beautiful, just beautiful. Firm, civil, direct, and without coming off as a moon bat. Your daughter learned a great lesson.

  • Ed

    Obviously, George shows up here to libel a lady who stands up for her rights against the abuses of her rights by the very officers who are supposed to protect her in society from encroachment of those rights by criminals…which makes the police the criminals in this instance, George.

    It seems you have come here as the trouble-maker, George; which leads me wonder about the length of your criminal record.

  • Ron

    Have a nice day is simply the new “fuck you”

  • Dan

    I guess she is gowing to file a complaint

  • http://www.nevertakeaplea.org clyde Voluntaryist

    “my 11-yo daughter grabs her camera and begins recording” – the greatest part of the write-up…..

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  • Davy V.

    I love this! As a Copblock contributor and someone who has exposed police misconduct and corruption, this is one of my favorite videos that I have seen on here. What I like best is how, though the power of video, you can instantly see the change in the cops attitudes especially after Shannon made it clear that she had everything on video. Shannon totally owned those 3 thugs with badges! Perhaps the best part, other than her daughter doing a great job was when Shannon told the cops ‘No. You haven’t dealt with me, I’ve dealt with you. I’m with Copwatch.’ Classic!

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  • The_Lakewood_4_are_Burning_in_Hell

    If they had had any right to be there, they would not be standing at the edge of the sidewalk like there was an invisible wall keeping them away. If they had been in the right in the first place, the presence of the camera would not have mattered. Big lardass cop is used to doing whatever he wants to a passive and cowardly citizenry. Now, like the cockroach he is, he flees the light of day.

    iPhones, ubiquitous digital cameras and YouTube are a game changer. The internet is a cop’s worst enemy. The jackboots are slow to catch on, but clearly the balance of power is shifting.

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  • Kerry L

    Way to go kid w camera! :)

  • `TexasProud

    Great job! The first question should have been “Who called you?”

    Sadly, had this been in Maryland and a few other states, you would have been arrested for videoing them. And before long it will be the law in every state.

  • joe mama

    Seriously? A cop wants to see if people are selling guns or not and everybody gets all butt sore about it. And yet …. they would be the first to call the police if they thought it would help. Some people need to seriously get a life.

  • ghettomechanic

    It may NOT be a crime to have all your REAL guns laid out for sale. It would just be IRRESPONSIBLE! As one could be stolen if you were not properly paying attention.

    This was far from a raid or a violation of rights.

  • The_Lakewood_4_are_Burning_in_Hell

    Joe Mama,

    If they were there legally, they wouldn’t have been acting that way. They knew they were in the wrong.

    As for the thesis of your comment, who’s fucking business is it if I sell my property? Fuck off, slaver.

  • Joe

    They violated your 4th amendment. Lawyer up and sue. Filing a complaint does NOTHING !

    SUE and you will get a settlement $$$$$$$$$$$$$$$$

  • George

    What a bunch of losers. Seriously!

    Funny though.

  • Kim

    this is sick. They are there trying to keep society from falling further apart. I feel bad for the poor cops just trying to do their jobs. I was raised and taught to respect authority. That they are there for a reason. They have always been the good guys where I come from. But maybe that’s because I am not on the wrong side.

  • Ron

    If they had any brains they would have just sent in a plain clothed officer to have a look at the guns. I love how they were kicked to the curb like a dog.

  • wiguy

    If these fools can’t determine these airsoft guns are airsoft guns at a glance from the street, they have no business touching any firearms.

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  • Bryanne B.

    “I know who you are”… when a cop tells you that, you know you’re doing something right.

    Thumbs up for teaching your offspring correctly, by the way. Good vid.

  • Heidi

    Although I do believe in small govt and the right to protect yourself, I have to wonder at the seeming hatred and anger against the police I hear. I do believe the majority are there to help, it surely isn’t the pay! I would hate to burn my bridges behind me if I were this lady, you never know when she might have to make that call for help.

  • Domincancinammon

    One day someone you know will need help and an officer wearing that uniform will help them and not look for praise or even a thank you, but seing how you are you will still attempt to portray them in a negative light no matter the circumstances. I pity you. So much hate for no reason.

  • BAD

    http://www.policemisconduct.net

    This site is why people hate the police. Too many cops that are bad anymore. Even the so-called good cops are just as bad for not turning in the bad ones. It’s a boot licking club that is getting worse. The problem lies with their leadership. It has to start at the top, and when the top says enough is enough then we all will see change.

  • Michael

    I concede that we have Officers who are corrupt. However, you are on a witch hunt and have blurred the line to the point of making yourself a fool. You have a garage sale which is open to the public and then take issue with a cop who comes to the yard sale. He did nothing wrong unless you concede you discriminate. In that case, you violated his rights. Bottom line, the police were called about weapons for sale, you were offering a sale open to the public, the officer identified the item of concern and had probable cause. They did not leave because of you, the video or what you think you know about the law. They left the apartment property after it was determined it was an air soft gun. Watch your own video which documents this and you lying to the police by saying they went through everything. They touched the bb gun and nothing else. I’d take the video down because you are embarrassing yourself.

  • Buddy

    So, you’re upset that someone came to your yard sale and looked at what you had for sale? You are retarded! If they came through your front door and went through your closets, yes…be upset. Not when they come to your yard sale. This man was professional, treated you with more dignity and respect then you deserved. The fact that you would waste their time with a frivolous complaint demonstrates your disrespect for how tax dollars are spent.

  • BG

    By holding a garage sale and putting up signs inviting the public to your sale he had the right to be there up until the point you ask him to leave right? She is a trouble maker for sure even tho she is partially right. Oh San Jose going to the outlaws, who use the law to hide behind their Pot grows and other activities.

  • Buddy

    Penal Code 12280 gave them probable cause. The gun was a replica and someone report a gun for sale. The police also have the right to see if they are selling to minors.

  • rares

    ohhh silly Americans .

  • Research your gun laws

    Not illegal to sell guns? The gun that I see at 1:18 is an M-16/M-4 variant firearm. I see a forward pistol grip (foregrip) and a detachable 30 round magazine. I’m also sure that this weapon has a pistol grip that protrudes conspicuously beneath the action of the weapon. Any ONE of these characteristics classifies this as an assault weapon. These characteristics must be removed from the firearm prior to sale. A high capacity magazine (10+ rounds) is illegal to transfer, lend, give, or sell in the state of California. What the officers observed would have been illegal.

  • Ric

    I guess I’m just a little confused. If you were having a garage sale aren’t you inviting people onto your private property? I’m really not trying to be contrary I just honestly don’t understand how him coming onto your property and looking at your wares would be any different than any other person coming and attempting to shop. Also this just screams setup to me with regard to you trying to prove a point, having the video camera ready and all.

  • Kent

    I don’t know much about the garage sale itself, but it looks like a public garage sale. That being said, anyone should be free to look at any of the merchandise that was for sale. That includes the police. However – when asked to leave private property, the police should also comply.

  • Bob Dowd

    Concerning the comments about illegal wiretapping…

    First, only the audio recording is supposedly “illegal.” You can always video them only. If this were made illegal, every camera would have to go.

    Second, it won’t be long until an application is developed that does not record audio, but translates audio into the written word. Creating a transcript not a “recording.” A minor distinction, but so is the unconstitutional interpretation of federal wire tapping statutes.

    Third, these statutes are not spreading. They are being struck down, one after the other. The courts are, for now, respecting the First Amendment. Find here a link to one of the latest cases… http://www.dailytech.com/First+Circuit+Court+of+Appeals+Rules+that+Citizens+Can+Videotape+Police/article22587.htm

    Bob Dowd, is a lecturer of communication at Middle Tennessee State University and currently studies the Consumer/Producer relationship in New Media such as YouTube and CopBlock.

  • Ben

    If she ever needs the cops (say she is being / has been robbed) do you think they would want to go to the trouble to help her?
    If I was a cop in that area there’s no way I’d EVER help her as it seems it’s her mission in life to make their job MUCH harder than it has to be.
    I think what the police did was quite reasonable and justified.

  • Mark-leo

    2 things really about this. Although the officers handled the initial contact improperly, they still have the right to enter your front yard. Every city/state that I know of has a law granting access to the front door in order to conduct business. ie sercing a warrent. Your right to freedon from illegal/unwarrented search does not cover you from anything in plain sight. I would have approached the homeowner exlpaining why I was there and saked to look at said items. Some of us became what we are because we believe in the constitution.

    Also I welcome a camera because it protects me as well as you.

    Fyi…. The ones who bitch the most when we show up uncalled are usually the ones who bitch the loudest when we dont get there fast enouh when we are called.

  • manfredo

    Seriously? So what happens when you have an emergency and the cops have to come to your house? should they wait out in the sidewalk until you “invite” them onto your property. I get that there are cops who take things too far, but do we really need to make it hard for the rest of them just because it is our right to do so? c’mon, how simple would it have been to say “sure officer, go on and take a look, they’re not real” ? 5 minutes and the whole thing is over. In addition, you setup a garage sale inviting the public- did you post a sign that advised everyone who wanted to buy something that they needed to ask for permission to come onto your property first? my guess is no….Has anyone here ever compared a Real assault rifle and one of these “toys”…I have, and I can tell you they look very realistic.

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  • Sanity

    good job officer, public garage sale , possible fire arm around children, sound like an emergency exception and no search warrant is required. Might want to look into child welfare issues. This woman would be the first one crying is something bad happened.

  • lui

    First of all dumb bitch, go back to school and learn the law! It is a call for service not an observation. They have every right to search the house and the surroundings to check for any illegal weapons.

  • D Banned

    THAS WAS THE SHIT!!!!!!

    I’m Always been stop by the cops and I wish I can do that.

  • matt

    Do you think the cops were just driving by and decided to check out garage sales to see if anyone had illegal guns. NOOO! A citizen called them and they did there duty by inspecting your property that was in an open place available for viewing by any member of the public. Give me a break. If I call the cops to inspect my neighbors garage sale cuz I think they’re selling guns there they better show up. Blame yur neighbors, not the cops.

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  • Cymond

    They’re TOY guns, the California gun laws only apply to REAL guns!

  • Cymond

    If a possible gun is in plane sight in the front yard, yeah, they can probably check it, but going in to the house requires either probable cause of a search warrant.

  • Cymond

    My airsoft 1911 looks exactly like a real 1911, except for the orange tip. Some people, like Leonard Embody, have actually painted orange tips on real guns to make them appear to be toys. There is no way to tell without examining it.

  • Cymond

    You’re seriously complaining that they stepped in to your yard, and examined the merchandise you had on display?