Results 1 to 5 of 5

Thread: LA: Court holds that open transport of rifle not "reasonable suspicion"

  1. #1
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519

    LA: Court holds that open transport of rifle not "reasonable suspicion"

    Good opinion, but look at the excuses the cops use:

    STATE OF LOUISIANA v. RICKY J. CHARPENTIER
    The State agrees it is not a crime for a citizen to possess a gun. However, “[a]s Officer Boyd clarifies it is suspicious for an individual to transport a semi-automatic rifle and to change its location in the middle of the street.”
    In the current case, the deputy, when asked, “How often do you see people transporting semiautomatic assault rifles from one trunk to another in the middle of the street?” he replied, “Not often,” and then agreed it was suspicious.
    In the present case, the police forcibly restrained defendant by handcuffing him and putting him in the back seat of the police car bound for the station. No reasonable person in this position could have believed he or she was “free to go,” and indeed defendant was not. In addition, Officer Taylor testified that he intended to take defendant to the police station, indicating an unmistakable intent to impose a restriction on defendant‟s liberty more extensive than an investigatory stop.
    The men were ordered to their knees at gunpoint by numerous law enforcement officers, handcuffed, and immediately questioned, all without probable cause or reasonable suspicion that they had committed, were committing, or about to commit a crime. The evidence and statements were inadmissible for the reason the detention was illegal and that there were no intervening circumstances between the discovery of the rifle and Defendant‟s statements which would show an independent act of free will. Accordingly, the trial court erred when it denied Defendant‟s motion to suppress the evidence.
    Well, that could never happen here in Virginia, right?

  2. #2
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    Another instance of "bad cases make good law". No way for the cops to know he was a felon prior to the stop, according to the published opinion. Absent that, gounds for a Terry stop were not present.

    Once more, I am grateful that our judicial system not only allows but insists on letting folks go free because of a "mere technicality" who otherwise ought to be, in my carefully considered and infallible opinion, wasting away under the jail.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  3. #3
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    Quote Originally Posted by skidmark View Post
    SNIP Once more, I am grateful that our judicial system not only allows but insists on letting folks go free because of a "mere technicality" who otherwise ought to be, in my carefully considered and infallible opinion, wasting away under the jail.
    I am grateful when it occurs.

    Unfortunately, too many courts twist and contort the law in order to manufacture a reason to keep the defendant in the government's mailed fist. The result is loss of constitutional protections as police take the latest loosening, and come up with creative ways to stretch that.

    You can find out lots more about this by regularly checking in at http://www.fourthamendment.com/blog/ which is maintained by John Wesley Hall a very experienced criminal defense attorney.

  4. #4
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519
    Quote Originally Posted by Citizen View Post
    I am grateful when it occurs.

    Unfortunately, too many courts twist and contort the law in order to manufacture a reason to keep the defendant in the government's mailed fist. The result is loss of constitutional protections as police take the latest loosening, and come up with creative ways to stretch that.

    You can find out lots more about this by regularly checking in at http://www.fourthamendment.com/blog/ which is maintained by John Wesley Hall a very experienced criminal defense attorney.
    A popular excuse is the "Good Faith Exception" (GFE). Used way too often.

  5. #5
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    I've only seen an African lion being openly transported in a trailer once in my entire life; I thought it was unusual but not 'suspicious in nature.' Parenthetically, you never really realize how big they are until you're only 3 ft away and can smell them.

    I've Never in my entire life seen three nuns in a van. So I guess if I were a cop and I saw that it might be 'reasonably suspicious', well, if I were being an idiot that is.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •