GTN
.308 Win
He was not drunk, DUI charges dropped. He was a security guard at a bar leaving at end of night
NY veteran facing 21 years for having standard Glock magazines
- Thread starter Dr. Evil
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He was not drunk, DUI charges dropped. He was a security guard at a bar leaving at end of night
But he wasn't drunk right? He just refused to be subjected to a field sobriety test?
I see it like this.
The guy is sober and annoyed of being accused of drinking. He felt being told he was being given a field sobriety test was either unreasonable search or something he didn't want to comply with or worried the police would use that against him to open a new can of worms.
I don't know the whole story just speculating
Chipperxd
.40 S&W
What the hell are you talking about?
Chipperxd
.40 S&W
That's what I get from the story. First it was said that he was speeding and when he was pulled over, he was accused of being drunk.
Refused the field test and was arrested.
Marine Cpl
.577 Tyrannosaur.
And then when he asked them to turn on their body cameras, things went south. They also opened his locked box without a warrant.
By asking to ensure cameras were on, I see this as either,
He is paranoid/anxious over a potential abuse of police power and wants everything documented
Or he wants to become a political martyr,
.
I learn towards the former. Coupled with refusing a roadside sobriety check and making sure their cameras were on it sounds like he was fearful of police abusing their power. Which ironically seems to be exactly what happened (well more so the DA and courts). I think he was trying to protect himself and it went south.
Marine Cpl
.577 Tyrannosaur.
I'm leaning towards the first scenario of being paranoid due to abuses. There is a member on here who said in another thread that he drives through that town at 2 or 3am going home from work during bar closing hours and has been pulled over repeatedly.
If I'm not mistaken, @Airborneguy said in another thread too that you need a warrant to open a locked box.
holdover
.475 A&M Magnum
You will never find justice in a kangaroo court. Where's the fucking nra when you need them?
meketrefe
.450/400 Nitro Ex
We don't know the whole story.
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BerettaGuy
.308 Win
You hit the nail on the head. I don't care if the best criminal attorney in the world is on the case, if he or she is not a gun owner and particularly a pistol permit holder they have no skin in the game and lose every time arguing everything else except the obvious. You may say, well an attorney doesn't have to be a burglar to defend a burglar etc I say totally different. Those are criminal law cases and is what they were trained for. This was a Civil Rights case through and through and being an attorney, odds are he is a flaming liberal anyway and looks at us the same way he would look at a burglar.
I'll explain this v-e-r-y slowly for the legally encumbered.
1. He refused the test. That is admissible as evidence against him.
2. None of you experts know if he was impaired or not. Dropping a charge is not a declaration of innocence.
3. A security guard in a bar could have a drink.
4. Confronting the police late at night with no witnesses is DUMB !
5. Yeah, signing a petition is a great idea, goes well with a fuck Cuomo bumper sticker and calling for civil unrest on a monitored site.
1. He refused the test. That is admissible as evidence against him.
2. None of you experts know if he was impaired or not. Dropping a charge is not a declaration of innocence.
3. A security guard in a bar could have a drink.
4. Confronting the police late at night with no witnesses is DUMB !
5. Yeah, signing a petition is a great idea, goes well with a fuck Cuomo bumper sticker and calling for civil unrest on a monitored site.
Is the guy arrested a member here?
No, his lawyer was looking to drum up support at the other place and found out it was dead. He wasn't happy.
Gunright
.45 acp
You are being quite the douche. If this isn't a case that needs contesting, I don't know what is.
The good news is that your posts pissed me off enough to give the guy $100.
holdover
.475 A&M Magnum
As mentioned before , if if if the box was locked and if if if he did not consent to the box being searched, which is possible, then it would require a warrant to open it .the Warrentn would require the police to explain why They were searching ,what they expected to find ,and why they expected to find it there .
The police either had a warrantt , consent, or the lawyer should refund the the man's money
The police either had a warrantt , consent, or the lawyer should refund the the man's money
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holdover
.475 A&M Magnum
Wrong again (are there any LEOs on the site !) Once the car is impounded, as his was, the car can be torn apart to its smallest component with no obligation to reassemble it. If you are drunk, refuse a search, get mouthy with cops you WILL lose.
Why are you guys cutting this fool any slack ?
He broke the law, got caught, became a poster child for gun haters and is now trying to avoid his responsibilities for being dumber than dirt.
As I said, on another thread, being paranoid about the SAFE act does the pro gun folks no good. I'm STILL waiting for the tinfoil hat brigade to produce the first arrest/indictment.conviction for a fixed magazine violation.
Why are you guys cutting this fool any slack ?
He broke the law, got caught, became a poster child for gun haters and is now trying to avoid his responsibilities for being dumber than dirt.
As I said, on another thread, being paranoid about the SAFE act does the pro gun folks no good. I'm STILL waiting for the tinfoil hat brigade to produce the first arrest/indictment.conviction for a fixed magazine violation.
holdover
.475 A&M Magnum
Yes I'm a former Leo and your
Wrong.
Wrong.
holdover
.475 A&M Magnum
It is a locked box and requires it to be logged asa locked box during an inventory Search
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holdover
.475 A&M Magnum
Tal
Take it t any way you like an inventory search does not allow police to openlocked boxes.
Take it t any way you like an inventory search does not allow police to openlocked boxes.
holdover
.475 A&M Magnum
It's called the the 4th amendment
holdover
.475 A&M Magnum
A judge would need to know the the grounds on which you think there is something illegal in the box. On what grounds is the search legal?
Bozo
.45 acp
He claims he asked for the bodycams to be activated when the officer asked if he would be willing to take the field sobriety test. Another officer remarked "That is a refusal" and immediately cuffed him. Now, I'm pretty slow, but I'm sure a legal argument could be made to that effect. "Not until you turn your bodycam on" carries a different legal connotation than "sure, but please turn on your bodycam". Demand vs. request. How it actually went down is anyone's guess. Court transcripts will have both versions of that exchange, but it is worth noting that the state did not prevail on the original charge.
As to the safe, it was opened during an inventory search of the impounded vehicle. Safe was locked, but had the default combination as set by the manufacturer (0-0-0).
holdover
.475 A&M Magnum
Obviously if the car had drugs, the officer would have reasonable cause to belive that the box may contain contraband . He could obtain a warrant for the box in a short time. He can easily explain to the judge. What he'd looking for why he thinks it may be there and describe it I the warrant. Perfectly legal. He just can't pop open the box because the guy had a drink he has to have reasonable cause to believe a particular crime was committed. What is his cause to open the box?
E
E
Well "former LEO" you should catch up on SCOTUS rulings....
"When Can Police Do a Warrantless Search?
Not every police search must be made under a lawfully executed warrant. The Supreme Court has ruled that warrantless police conduct may comply with the Fourth Amendment, so long as it's reasonable under the circumstances.
So, when can police search your car? Generally, under the following circumstances:
"Police Can Search Impounded Cars Without a Warrant
If the police have towed and impounded your car, they have the authority to search your vehicle. This inventory search can be as comprehensive as the police wish, and will most likely include opening any locked compartments or boxes found within your car. The reason why your car was towed and impounded doesn't matter. It could be for something as simple as a parking violation or as serious as a car theft."
"When Can Police Do a Warrantless Search?
Not every police search must be made under a lawfully executed warrant. The Supreme Court has ruled that warrantless police conduct may comply with the Fourth Amendment, so long as it's reasonable under the circumstances.
So, when can police search your car? Generally, under the following circumstances:
- You have given the officer consent;
- The officer has probable cause to believe there is evidence of a crime in your vehicle;
- The officer reasonably believes a search is necessary for their own protection (a hidden weapon, for example); and
- You have been arrested and the search is related to that arrest (such as a search for illegal drugs).
"Police Can Search Impounded Cars Without a Warrant
If the police have towed and impounded your car, they have the authority to search your vehicle. This inventory search can be as comprehensive as the police wish, and will most likely include opening any locked compartments or boxes found within your car. The reason why your car was towed and impounded doesn't matter. It could be for something as simple as a parking violation or as serious as a car theft."
holdover
.475 A&M Magnum
Good luck in court with that. Thats not the way i was taught. Locked boxes were off limits .for something like this.
holdover
.475 A&M Magnum
Where the link?
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