Hillsborough Sheriff dept makes illegal firearm arrest, brags about it on Facebook... - Page 5
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Thread: Hillsborough Sheriff dept makes illegal firearm arrest, brags about it on Facebook...

  1. #41
    Distinguished Member 10x's Avatar
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    Quote Originally Posted by Riverpigusmc View Post
    Then don't open carry. But as public employees, they should not be allowed to lobby against a Constitutional right. And they are just that, employees
    I agree 100%, their job is to enforce laws.

  2. #42
    Distinguished Member brownie's Avatar
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    An leo has the right to express their views based on the 1a. Interesting that when leo's agree with pro 2a people, NO ONE complains about their opinion or lobbying/supporting 2a.

    If it's good for the goose, it's good for the gander. In either case, they are entitled to their opinion, even as public servants.
    The mind is the limiting factor

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  3. #43
    Distinguished Member Riverpigusmc's Avatar
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    Not in uniform they don't. They are not allowed to use their position for politcal influence anymore than any other public sector employee
    "All civilians are targets or dependants" Drill Instructor Boone, Parris Island

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  5. #44
    Distinguished Member bttbbob's Avatar
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    Quote Originally Posted by Intheknow View Post
    Sure!

    US v. McCraney 674 F.3d 614 (6th Cir. 2012)
    Search incident to arrest. Not even close to the same. This case was a case of the officer misunderstanding the law. Using a civil violation to turn it into a criminal violation. The sight of the gun is not probable cause. He has no right to search and seize without a) Probable cause of a crime b) a warrant or c) a permission.

    Try Chicago v Horton. Try Commonwealth v Hicks.
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  6. #45
    Distinguished Member AFJuvat's Avatar
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    Quote Originally Posted by brownie View Post
    An leo has the right to express their views based on the 1a. Interesting that when leo's agree with pro 2a people, NO ONE complains about their opinion or lobbying/supporting 2a.

    If it's good for the goose, it's good for the gander. In either case, they are entitled to their opinion, even as public servants.
    I agree with you. However,just like the military, I may not approve of the CINC, but I did have to follow policy.

    I do not agree with anyone using their position to push their political agenda.
    To speak without thinking is to shoot without aiming.

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  7. #46
    Who funds the Sehriff's Association?

  8. #47
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  9. #48
    Distinguished Member brownie's Avatar
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    Quote Originally Posted by OHEng View Post
    Martians. It's why their cars are painted green.
    The mind is the limiting factor

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  10. #49
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    Quote Originally Posted by bttbbob View Post
    Search incident to arrest. Not even close to the same. This case was a case of the officer misunderstanding the law. Using a civil violation to turn it into a criminal violation. The sight of the gun is not probable cause. He has no right to search and seize without a) Probable cause of a crime b) a warrant or c) a permission.

    Try Chicago v Horton. Try Commonwealth v Hicks.
    As I said in your previous post, this could be true depending on the facts surrounding the case, of which I have not read the PC affidavit. If their search of the vehicle was based solely on the PC of the long gun and they continued their search, incident to his arrest, fruits of the poisonous tree will likely apply if the vehicle was not towed. (Gant v. Arizona)

    That said, if they arrested for the long gun, then continued their search incident to arrest prior to an inventory of his vehicle in preparation for towing it and discovered the firearms, the charges will likely hold. (U.S. v. Mendez 315 F.3d 132)

    If they arrested for the long gun, then conducted an inventory of the vehicle in preparation for tow, the charges will likely hold.

    See:
    U.S. v. Cartwright No. 10-1879
    South Dakota v. Opperman 428 U.S. 364, 369, 96 S.Ct. 3092, 49 L.Ed.2d 1000
    Whren v. U.S 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89

    Again, not knowing all the details is crucial to the standing of this case.
    Will be interesting to see what happens...

  11. #50
    Distinguished Member bttbbob's Avatar
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    Quote Originally Posted by Intheknow View Post
    As I said in your previous post, this could be true depending on the facts surrounding the case, of which I have not read the PC affidavit. If their search of the vehicle was based solely on the PC of the long gun and they continued their search, incident to his arrest, fruits of the poisonous tree will likely apply if the vehicle was not towed. (Gant v. Arizona)

    That said, if they arrested for the long gun, then continued their search incident to arrest prior to an inventory of his vehicle in preparation for towing it and discovered the firearms, the charges will likely hold. (U.S. v. Mendez 315 F.3d 132)

    If they arrested for the long gun, then conducted an inventory of the vehicle in preparation for tow, the charges will likely hold.

    See:
    U.S. v. Cartwright No. 10-1879
    South Dakota v. Opperman 428 U.S. 364, 369, 96 S.Ct. 3092, 49 L.Ed.2d 1000
    Whren v. U.S 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89

    Again, not knowing all the details is crucial to the standing of this case.
    Will be interesting to see what happens...
    See bolded. IF they arrested for the long gun (not illegal) It is a false arrest. And anything after that is irrelavent.
    I can't wait to see this case play out. I can't see anyway other than him giving permission to search that will make this legal.
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