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Thread: What's that case?

  1. #1
    Regular Member JamesB's Avatar
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    What's that case?

    My brain is a little fuzzy after class today apearently.

    I'm trying to come up with the case that said "mere presence of a firearm, in and of itself does not constitute probable cause."

    that's not exactly it but it's close and I cant even get google to cooperate.

    Anyone know which one I'm trying to think of?

  2. #2
    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by JamesB View Post
    My brain is a little fuzzy after class today apearently.

    I'm trying to come up with the case that said "mere presence of a firearm, in and of itself does not constitute probable cause."

    that's not exactly it but it's close and I cant even get google to cooperate.

    Anyone know which one I'm trying to think of?
    Howdy Pard!
    I believe this is what you are looking for:
    St. John v. Alamogordo Public Safety

    Blessings,
    M-Taliesin
    Last edited by M-Taliesin; 07-02-2012 at 11:15 PM.

  3. #3
    Regular Member JamesB's Avatar
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    That's the one.

    Thanks M-T.

  4. #4
    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by JamesB View Post
    That's the one.

    Thanks M-T.
    Howdy Pard!
    Hadda be either that or Terry v. Ohio, but Terry was more about cops detaining a citizen without RAS.

    Blessings,
    M-Taliesin

  5. #5
    Regular Member JamesB's Avatar
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    Quote Originally Posted by M-Taliesin View Post
    Howdy Pard!
    Hadda be either that or Terry v. Ohio, but Terry was more about cops detaining a citizen without RAS.

    Blessings,
    M-Taliesin
    Mmmm no. Well kinda. Terry was about detainment without Probable Cause. The court then created the term RAS to justify a "Terry" stop.


    but the case you provided was the one i was searching for in my muddled little noggin, and the quote that I was looking for is on the bottom of page 7.
    (for anyone else who would like to follow along): http://www.impsec.org/~jhardin/gunst...ce%20Order.pdf

    That will go good in class today.

  6. #6
    Regular Member LoneEchoWolf's Avatar
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    Quote Originally Posted by M-Taliesin View Post
    Howdy Pard!
    I believe this is what you are looking for:
    St. John v. Alamogordo Public Safety

    Blessings,
    M-Taliesin
    I've read that a few times, now once more, its a good educational read everytime i re read it.

  7. #7
    Regular Member Beau's Avatar
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    That sure was a good read. Thanks for bringing it up.
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

  8. #8
    Campaign Veteran since9's Avatar
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    Judge Black did a bang-up job on this case, didn't he? I wish he'd rendered judgement at a much higher level. Regardless, it's likely it'll be used as precedence for any higher case.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

  9. #9
    Regular Member LoneEchoWolf's Avatar
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    What else i found is a pretty good read is the oral arguments of Terry v. Ohio http://www.soc.umn.edu/~samaha/cases..._arguments.htm Check it out if you want, i found it pretty intresting.
    Semper-Fi
    ~Wolf~

    "Sons of the Republic, arise and take a stand!
    Defend the Constitution, the Supreme Law of the Land!
    Preserve our great republic and each God-given right,
    And pray to God to keep the torch of freedom burning bright!"
    -Thelen Paulk

  10. #10
    Regular Member JamesB's Avatar
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    Quote Originally Posted by LoneEchoWolf View Post
    What else i found is a pretty good read is the oral arguments of Terry v. Ohio http://www.soc.umn.edu/~samaha/cases..._arguments.htm Check it out if you want, i found it pretty intresting.
    now, go back and re-read them and see if anything changes when you think of Terry as a black man.

  11. #11
    Regular Member LoneEchoWolf's Avatar
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    Quote Originally Posted by JamesB View Post
    now, go back and re-read them and see if anything changes when you think of Terry as a black man.
    It actully say that in there, what gets me is a couple things the LEO said, The police officer testified further with reference to questions propounded to him having to bear on the question of probable cause. We asked him, “Did you know any of these men?” “No.” “Had you ever seen any of these men previously?” “No.” “Had anyone given you any information regarding them?” “No.”

    He was then asked what had attracted his attention to them. He said, “Well, to tell the truth, I didn’t like them. And I was attracted to their actions up there on Fourteenth Street.”

    Thank God for RAS and this case.
    Semper-Fi
    ~Wolf~

    "Sons of the Republic, arise and take a stand!
    Defend the Constitution, the Supreme Law of the Land!
    Preserve our great republic and each God-given right,
    And pray to God to keep the torch of freedom burning bright!"
    -Thelen Paulk

  12. #12
    Regular Member JamesB's Avatar
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    So for class to day I had to go over Gonzales v. Town of Castle Rock.

    http://www.law.cornell.edu/supct/html/04-278.ZS.html

    Basically, the police refused to arrest the guy for violating a restrainging order.
    When I started reading through it, I started remembering seeing it on the news back when it happened, but I continued thinking of a different case the whole time I was reading.

    What was the original case that said "police do not have a duty to protect individuals..."
    Finally had a min to look up myself and found, Warren v. District of Columbia.
    http://gunrightsalert.com/documents/...444_A_2d_1.pdf

    Both of them are great reads, and handy information to keep available.

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