Quote:
Originally Posted by GP_Matt
The police can't take your gun either unless I am wrong.
They can seize it as evidence of a crime or take it from your person as part of an arrest, but if they suspect you of shooting your buddy they can't just find you and take your gun. They would need an warrant for that unless I am mistaken.
In either case, if you have something legal seized you are supposed to have access to the courts so that a judge can make the determination if it was lawful. If a judge finds that it was unlawful then the police will have to change their policy to stop doing something.
In the cell phone case there is no trial and no judge so the merits are not reviewed.
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Gun probably wasn't the best analogy as there is a fair amount of power given and available to seize under public safety concerns and without warrant. But change gun to knife and you're analogy is valid...just an FYI.
Obviously numerous variables/factors into it, but a gun can be seized without warrant or without an offense being committed.