Hillsborough Sheriff dept makes illegal firearm arrest, brags about it on Facebook... - Page 2
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Thread: Hillsborough Sheriff dept makes illegal firearm arrest, brags about it on Facebook...

  1. #11
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    Quote Originally Posted by brownie View Post
    Implied cover up by removing their OP and stating the error made in their follow up with further explanation of charges? Hmm, if they hadn't mentioned their initial mistake and dropping the one charge, perhaps, but their subsequent posting spelled it out with no apparent intention to hide anything, IMO.

    I thought the poster was saying it was illegal to delete a FB post.
    Under the Florida Public Records Law (government in the sunshine) they can edit their post, but they have to archive a copy of the unedited post and retain the archived copy for the period required by the records retention statute. If they didn’t retain the archived copy, they would be in violation of the law.
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  2. #12
    Distinguished Member High Seas Drifter's Avatar
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    They stated the original was archived and they linked to the form one can fill out to request it.



    https://hillsboroughsheriff.govqa.us...E-Lje31pprgRs0

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    Last edited by High Seas Drifter; 02-01-2020 at 12:06 PM.
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  3. #13
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    They aren't breaking any laws by taking down a posting. This is right in the middle of the current referenced posting: (emphasis mine)
    In Addition: We apologize to anyone who was concerned by the original Facebook post related to this incident being removed. It is never our intention to censor. The previously vague post was taken down and reposted shortly after with more detailed information in hopes of providing clarity. It is important to note that all of our posts are archived and can be obtained through a public records request: https://hillsboroughsheriff.govqa.us...px?sSessionID=
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  5. #14
    Quote Originally Posted by ArthurDent View Post
    Under the Florida Public Records Law (government in the sunshine) they can edit their post, but they have to archive a copy of the unedited post and retain the archived copy for the period required by the records retention statute. If they didn’t retain the archived copy, they would be in violation of the law.
    Exactly. But they must also archive all the comments. Make an open records request for all of the comments on that post, and if they don't provide, then they are in violation.

    I suspect they did archive the comments.

  6. #15
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    So, a question for those in the know. Say Mr. Douchebag told the cop he would not consent to a search of his vehicle (where he eventually found the reported illegally carried guns), would the officer then have to get a warrant? And if so, on what grounds? And if the officer searched it without said warrant, would the other charges regarding the other guns have to be thrown out?

  7. #16
    Quote Originally Posted by jackhinson View Post
    Exactly. But they must also archive all the comments. Make an open records request for all of the comments on that post, and if they don't provide, then they are in violation.

    I suspect they did archive the comments.
    Real easy here guys. Facebook has a division, called “Facebook Government & Politics” that does all of this archiving automatically. Hands off, no hassle, automatic. This is available to verified government agency accounts, politicians, and certain public sector NGO’s.

    Twitter, instagram, etc have their own versions.

    My time in uniform was spent as a Public Affairs Officer, so well versed in this.


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  8. #17
    Distinguished Member bttbbob's Avatar
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    Quote Originally Posted by brownie View Post

    Mr. Frisco’s traffic stop was incorrect in a portion of their interpretation of Florida Open Carry Laws. Mr. Frisco was not in violation regarding the manner in which he was transporting his rifle, however, that does not negate that he was in violation of the law for having three loaded firearms concealed and not securely encased in the vehicle. Mr. Frisco also does not have a concealed weapon permit.


    The deputy searched Frisco's vehicle and found three loaded handguns -- no cases and ready to use

    So they've dropped one violation and the others remain. Seems the errant charge has been corrected but it doesn't negate the other charges.

    Here is a media report:


    https://www.wtsp.com/article/news/lo...7-e3f351cc9ab5


    Media? It's not even worth opening the link, the media gets it right with such few actual facts, msm can't be relied on as a source of facts.
    They will be dropping all charges. They had zero right to search his car. It is an illegal search and seizure. The fruit of the poisonous tree will get him paid.
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  9. #18
    Distinguished Member bttbbob's Avatar
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    Quote Originally Posted by Marlinluvr View Post
    So, a question for those in the know. Say Mr. Douchebag told the cop he would not consent to a search of his vehicle (where he eventually found the reported illegally carried guns), would the officer then have to get a warrant? And if so, on what grounds? And if the officer searched it without said warrant, would the other charges regarding the other guns have to be thrown out?
    The officer used a fake probable cause. The fact that a rifle or shotgun was visible is not probable cause of a crime. This police officer illegally turned a civil violation into a criminal violation.
    BTTBBOB
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    "The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms."
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  10. #19
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    Quote Originally Posted by bttbbob View Post
    The officer used a fake probable cause. The fact that a rifle or shotgun was visible is not probable cause of a crime. This police officer illegally turned a civil violation into a criminal violation.
    Good point

  11. #20
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    Quote Originally Posted by bttbbob View Post
    The officer used a fake probable cause. The fact that a rifle or shotgun was visible is not probable cause of a crime. This police officer illegally turned a civil violation into a criminal violation.
    Then all charges should be dropped?

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