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FBI AGENTS 'MIFFED' THAT GUN OWNER CONTACTED MEDIA

Capitol Hill (CNSNews.com) - Prior to the capture of "Beltway
Sniper" suspects John Allen Muhammad and John Lee Malvo, an
unconfirmed number of Maryland gun owners received surprise visits from the
FBI as part of the investigation. One such gun owner had a surprise of his
own for the agents when they arrived at his home.

Jeff Brown of Gaithersburg, Md., was "a little nervous" when he
heard the voicemail message from an FBI agent on the sniper task force who
wanted to "visit" Brown at his home to check a .223 caliber
semi-automatic rifle Brown purchased in 1993. Adding to that apprehension
was the fact that Brown owns and drives a full-sized white panel van, the
type of vehicle investigators believed the sniper was driving.

[...]

Brown's apprehension prompted him to contact an attorney, who instructed
him on preparing for the visit. So, when FBI Special Agent Greg Metzger and
his partner arrived at Brown's home for their scheduled meeting, they were
greeted by Brown and his wife, Mary, along with reporters and photographers
from various media outlets.

As Brown described the situation, the agents were "a little bit miffed."

[...]

"Why didn't you give us a chance to do what we said we were going to
do instead of ambushing us with the media? Why didn't you trust us?"
one agent asked.

[...]

"One thing they said was, 'Don't you know people are dying and we're
just trying to do our job?'" Brown recalled, "Of course, the
inference was that I didn't care that there were people dying and I was
trying to interfere with them doing their job."

[...]

The agents followed Brown and his wife inside and confirmed the serial
number on the rifle as they had said they wanted to do. But that was not
the end of the encounter.

"After they checked, they started [questioning Brown again], and
that's when my wife stepped in and told them to leave," Brown said,
noting that his wife formerly worked in law enforcement.

Mary Brown believed the agents were attempting to agitate her husband,
hoping he would say or do something to justify their confiscation of his
rifle.

"I could tell that they were doing it on purpose and I didn't like
what they were doing to you," she told her husband. "So, I
decided to just jump right in."

The agents left the couple's property, as they were ordered to do.

Jeff Brown does not believe the agents' reaction to the presence of the
media, or their "brow-beating" tactics were justified.

"I'm not here to make them feel happy. I have to make sure my rights
are not violated. I wanted to help, but this is not Nazi Germany," he
explained. "I looked [Metzger] right in the eye and said ... 'I don't
care whether you're upset about being ambushed by the media. I felt I
needed some witnesses here with me.'"

[GOA head LArry Pratt] believes the response of the agents to the presence
of the media shows that their main focus was not on finding the
"Beltway Sniper," but rather on sending a message to gun owners.

"They know it's not about crime control because, if they were really
interested in finding the perpetrator they would have kept moving.
Obviously this guy wasn't the guy," Pratt concluded. "What it's
really all about is showing that the feds are in control in a very
totalitarian sense of the word."
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http://www.cnsnews.com/ViewCulture.asp?Page=
\Culture\archive\200211\CUL20021105a.html>
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PRESENCE OF AN NRA STICKER ON A VEHICLE INSUFFICIENT TO JUSTIFY SEARCH,
RULES 5TH CIRCUIT

The presence of a National Rifle Association sticker on a vehicle is
insufficient to justify a police search of that vehicle for firearms, the
5th Circuit Court of Appeals ruled last week. The case began when Officer
Peace stopped a pick-up truck displaying an NRA sticker for speeding. After
his truck was stopped, the driver got out of the vehicle with his driver's
license and insurance information in hand. Officer Peace immediately asked
the driver, Jeffrey Estep, if he had a gun in his car, which Estep denied.
Officer Peace called for backup because he believed Estep had a weapon and
would use it, testifying that he feared he was in danger in part because
Estep's vehicle
contained an NRA sticker. When backup arrived, Officer Peace searched the
vehicle over Estep's protests, and found a pistol. Estep was then placed
under arrest. While sitting in the police car, Officer Peace told another
officer that the NRA sticker was what tipped him off to the weapon in the
vehicle. Officer Peace later testified that the sticker, along with the
presence of camouflage gear, a key chain with mace, and Estep's general
failure to cooperate, made the officer fearful for his safety. The court
reiterated the long-held U.S. Supreme Court rule in such cases, which
states that "a warrantless search of the passenger compartment of a
vehicle does not violate the Fourth Amendment if the search is conducted to
protect the officer's safety." In this case, though, the 5th Circuit
ruled that the presence of an NRA sticker in the vehicle should not have
raised the inference that Estep was dangerous and might gain immediate
control of a weapon. "Regardless of whether there is some correlation
between the display of an NRA sticker and gun possession, placing an NRA
sticker in one's vehicle is certainly legal and constitutes expression
which is protected by the First Amendment. A police officer's inference
that danger is afoot because a citizen displays an NRA sticker in his
vehicle presents disturbing First and Fourth Amendment implications,"
said the court. "Indeed, if the presence of an NRA sticker and
camouflage gear in a vehicle could be used by an officer to conclude he was
in danger, half the pickups in the state of Texas would be subject to a
vehicle search," added the court, ruling that the search violated the
Fourth Amendment. The case is Estep v. Dallas County, Texas, No. 01-10967,
5th Circuit Court of Appeals, October 18, 2002.
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http://www.fedagent.com/102402.htm>

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