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Cops enter home W/O Warrant; seize guns -- conviction REVERSED

Repeater

Regular Member
Joined
Nov 5, 2007
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Richmond, Virginia, USA
This seems pretty significant. Now, it's from the Court of Appeals; SCOVA could reverse. Still, pretty good:

Defendant's refusal to submit to entry for a court-ordered home study did not support entry by police on any ground
A home study had been ordered of defendant’s house. A social worker arrived to do it with two officers watching from a car. Defendant refused to permit the social worker to enter, and, from the officers’ perspective, he was getting agitated talking about it and would not let her enter. The police entry could not be justified on any exigency or community caretaking function.

...

A jury convicted Parker Chad Ross of unlawfully possessing firearms after having been convicted of a felony. Ross argues on appeal that the trial court should have suppressed the evidence of his guilt because the police discovered the firearms in his residence without a warrant. We agree and reverse his conviction.
 
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Fenix

Guest
Well you have to think about this.
IMO, for a forum that wants to share with open minded people their right to carry a weapon OC or CC, this is not good press for guns period. Everyone involved is in the wrong. I know im going to get really bad flak for this but I rather his conviction be reversed and his guns be taken then letting him keep them. A felony is a serious criminal offense. I don't specifically root for this guy, obviously, but we're supposed to be the good guys with guns; even if the other good guys with guns severely mess up, we shouldn't cheer for the opposing team.
 
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WalkingWolf

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Well you have to think about this.
For a forum that wants to share with open minded people their right to carry a weapon OC or CC, this is not good press for guns period. Everyone involved is in the wrong. I know im going to get really bad flak for this but I rather his conviction be reversed and his guns be taken then letting him keep them. A felony is a serious criminal offense. I don't specifically root for this guy, obviously, but we're supposed to be the good guys with guns; even if the other good guys with guns severely mess up, we shouldn't cheer for the opposing team.

Where do you see he got his guns back? And because he is a felon who served his time does not make him a bad guy. Committing crime is what makes a bad person, since IMO the laws denying rights of a free person are unconstitutional he committed no crimes.
 

davidmcbeth

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Jan 14, 2012
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earth's crust
Well you have to think about this.
For a forum that wants to share with open minded people their right to carry a weapon OC or CC, this is not good press for guns period. Everyone involved is in the wrong. I know im going to get really bad flak for this but I rather his conviction be reversed and his guns be taken then letting him keep them. A felony is a serious criminal offense. I don't specifically root for this guy, obviously, but we're supposed to be the good guys with guns; even if the other good guys with guns severely mess up, we shouldn't cheer for the opposing team.

The 4th amendment is hardly the opposing team.

But this should have been in another sub-forum ...
 
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Fenix

Guest
Where do you see he got his guns back? And because he is a felon who served his time does not make him a bad guy. Committing crime is what makes a bad person, since IMO the laws denying rights of a free person are unconstitutional he committed no crimes.

^ What?
I take back the part of him receiving the guns back.
So the part of the law which says no felon should own a firearm, you don't agree with?
 
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Fenix

Guest
I'm going by the Virginia code. (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2)

§ 18.2-308.2. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.


I mean I'm assuming that's what you were talking about when you said "...the laws denying rights of a free person are unconstitutional he committed no crimes."

I mean even if at this point he is a "free person" he is still a felon.
 
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WalkingWolf

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I am going by the US constitution, 2nd amendment "shall not be infringed" no where does it mention except for felons.
 
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Fenix

Guest
Not more than the US constitution.

You can say that all you want, but it still matters. Say it happened in Illinois (Which is drafting a CC permit system atm), No concealed and no open carry (except on private property). If you were to break that law you'd be arrested. Go through the motions of getting a lawyer, overturned or not, it's still against the law in that state.

Either Way WalkingWolf,
Me, you, and the rest of the people on here are on the same team.
 
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WalkingWolf

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Joined
Jul 31, 2011
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North Carolina
You can say that all you want, but it still matters. Say it happened in Illinois (Which is drafting a CC permit system atm), No concealed and no open carry (except on private property). If you were to break that law you'd be arrested. Go through the motions of getting a lawyer, overturned or not, it's still against the law in that state.

Either Way WalkingWolf,
Me, you, and the rest of the people on here are on the same team.

NO clearly we are not!
 

papa bear

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Jul 25, 2010
Messages
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mayberry, nc
I do agree with WW, just because you are a felon you should have the same rights as any other citizen, if you have done your time

but i am a bit confused, what crime did he commit? the court ruled in his favor.
 
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Fenix

Guest
I do agree with WW, just because you are a felon you should have the same rights as any other citizen, if you have done your time

but i am a bit confused, what crime did he commit? the court ruled in his favor.



He was in possession of firearms, that was the whole problem; They entered without a warrant, Found the guns, then he was arrested. Hence the overturn of his original conviction.

Yes I am serious, I support ALL of the constitution, and ALL citizens rights, not just what would be convenient for me. I am not a progressive.


I wasn't trying to create a hostile debate I just assumed most people are open to hearing others opinions, But apparently this isn't the case for you. I also tried to be friendly. But anyways we all have the right to freedom of speech and I was just sharing my opinion.
 
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WalkingWolf

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Joined
Jul 31, 2011
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North Carolina
He was in possession of firearms, that was the whole problem; They entered without a warrant, Found the guns, then he was arrested. Hence the overturn of his original conviction.




I wasn't trying to create a hostile debate I just assumed most people are open to hearing others opinions, But apparently this isn't the case for you. I also tried to be friendly. But anyways we all have the right to freedom of speech and I was just sharing my opinion.

I am giving you my opinion, I am not hostile, just honest. So anytime someone does not bow down and agree you assume they are hostile?
 
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Fenix

Guest
I am giving you my opinion, I am not hostile, just honest. So anytime someone does not bow down and agree you assume they are hostile?

That's not what I was saying at all. But I try to avoid situations of calling people out, i'm done with this thread.
 

ron73440

Regular Member
Joined
Mar 3, 2013
Messages
474
Location
Suffolk VA
I don't understand the problem, if a felon has done his time, there is no reason to keep him from owning weapons unless he is dangerous.

If he is dangerous, why is he out of jail?

The easier we accept the govt restricting rights, the easier it is for them to restrict our rights.

IMO you can't defend only the rights that you like, you have to defend all of them if you are a true champion of liberty.
 
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