Results 1 to 22 of 22

Thread: Wisconsin 911 system abuse. MWAG "Fact situation" element of the felony.

  1. #1
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,161

    Wisconsin 911 system abuse. MWAG "Fact situation" element of the felony.

    CHAPTER 256 EMERGENCY MEDICAL SERVICES
    [ ... ]
    256.35  Statewide emergency services number.
    [ ... ]
    (10) Penalties.
    (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $100 nor more than $600 or imprisoned not more than 90 days or both for the first offense and is guilty of a Class H felony for any other offense committed within 4 years after the first offense.
    (b) Any person who discloses or uses, for any purpose not related to the operation of a basic or sophisticated system, any information contained in the database of that system shall be fined not more than $10,000 for each occurrence.
    I am responsible for my writing, not your understanding of it.

  2. #2
    Regular Member fjpro2a's Avatar
    Join Date
    Jun 2010
    Location
    North Carolina
    Posts
    300

    Fact Situation

    This does give wiggle room for a MWAG call. But, the dispatchers should be taught to ask a few further questions. First and foremost, to ask the caller if he knows that open carrying is legal. Perhaps, ask if the MWAG is brandishing. Maybe, just maybe, over time, things can improve. Admittedly, I have my doubts.

  3. #3
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,161
    Quote Originally Posted by fjpro2a View Post
    This does give wiggle room for a MWAG call. But, the dispatchers should be taught to ask a few further questions. First and foremost, to ask the caller if he knows that open carrying is legal. Perhaps, ask if the MWAG is brandishing. Maybe, just maybe, over time, things can improve. Admittedly, I have my doubts.
    I'm curious about how broadly the disclosure of information in the database is interpreted, as it does not seem to require that the information be obtained from that database. There is no case law cited at the statute annotated.
    I am responsible for my writing, not your understanding of it.

  4. #4
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,161
    Quote Originally Posted by fjpro2a View Post
    [ ... ] Perhaps, ask if the MWAG is brandishing. [ ... ]
    There is no brandishing statute in Wisconsin.
    I am responsible for my writing, not your understanding of it.

  5. #5
    Centurion
    Join Date
    Jun 2008
    Location
    Pleasant Grove, Utah, USA
    Posts
    3,828
    Quote Originally Posted by fjpro2a View Post
    This does give wiggle room for a MWAG call. But, the dispatchers should be taught to ask a few further questions. First and foremost, to ask the caller if he knows that open carrying is legal. Perhaps, ask if the MWAG is brandishing. Maybe, just maybe, over time, things can improve. Admittedly, I have my doubts.
    I've had some "concealed carry" dedicated folks swear that Open Carry was brandishing.
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  6. #6
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    Quote Originally Posted by JoeSparky View Post
    I've had some "concealed carry" dedicated folks swear that Open Carry was brandishing.
    “How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn't make it a leg.”

    ― Abraham Lincoln

  7. #7
    Regular Member rightwinglibertarian's Avatar
    Join Date
    Mar 2014
    Location
    Seattle WA
    Posts
    881
    Dispatchers need to learn the law and well as LEOs.




    Florida v. J.L. (2000)
    A police officer may not legally stop and frisk anyone based solely on an anonymous tip that simply described that person's location and appearance without information as to any illegal conduct that the person might be planning.
    (source)

    as well as

    State v. Casad (2004)
    detaining man observed by police as openly carrying rifles on a public street violates the Fourth Amendment


    http://www.examiner.com/article/fede...-carrying-guns
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

    Conservative Broadcast || Google Plus profile

  8. #8
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Quote Originally Posted by Nightmare View Post
    CHAPTER 256 EMERGENCY MEDICAL SERVICES
    [ ... ]
    256.35  Statewide emergency services number.
    [ ... ]
    (10) Penalties.
    (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $100 nor more than $600 or imprisoned not more than 90 days or both for the first offense and is guilty of a Class H felony for any other offense committed within 4 years after the first offense.
    (b) Any person who discloses or uses, for any purpose not related to the operation of a basic or sophisticated system, any information contained in the database of that system shall be fined not more than $10,000 for each occurrence.
    Yup, so these 911 callers that use the system to report legal activity are guilty of a misdemeanor for the first offense and a felony for any subsequent offense within the next 4 years. It validates my exposing these criminals. I am providing a service to the taxpayers, free of charge. :-) All records obtained were obtained via FOIA requests and are public record. I am merely publishing a partial transcript of the audio recordings. Have a nice day Doug.

  9. #9
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Quote Originally Posted by rightwinglibertarian View Post
    Dispatchers need to learn the law and well as LEOs.




    Florida v. J.L. (2000)
    (source)

    as well as

    State v. Casad (2004)
    detaining man observed by police as openly carrying rifles on a public street violates the Fourth Amendment


    http://www.examiner.com/article/fede...-carrying-guns
    Furthermore, Doug, as the above quoted post adds, misuse of the system can result in the violation of a law abiding citizen's Fourth Amendment rights. 911 abusers are depriving law abiding citizens of their constitutional rights.

  10. #10
    Regular Member
    Join Date
    Sep 2013
    Location
    popple butte
    Posts
    349
    Quote Originally Posted by wimwag View Post
    Yup, so these 911 callers that use the system to report legal activity are guilty of a misdemeanor for the first offense and a felony for any subsequent offense within the next 4 years. It validates my exposing these criminals. I am providing a service to the taxpayers, free of charge. :-) All records obtained were obtained via FOIA requests and are public record. I am merely publishing a partial transcript of the audio recordings. Have a nice day Doug.
    http://www.channel3000.com/news/cour...s-law/25922474

    Better be in a hurry, FOIAs are about to become discretionary here.

  11. #11
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,273
    Very unlikely, very very likely, that a citizen will be prosecuted for calling in a MWAG. Why would a anti-gun politician (local prosecutor) and top cop want to discourage the citizenry from providing RAS to the cops to hassle OCers.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  12. #12
    Regular Member
    Join Date
    Jul 2011
    Location
    northern wis
    Posts
    3,201
    =wimwag;2059708--Moderator edited quote--Off topic & prossible personal attack
    WM here's a quote from you on the thread they took my gun.

    "GED at 16? Big deal. In my younger days when I spent some time locked up, I used it to get my GED 3 times. (you have to slightly change the spelling of your name.) And that's on top of my high school diploma and an Associates of Applied Science in Marketing. Money don't make the man pothead. Learn a lesson from this if you're so smart."

    How much time did you spend in a lock up and where.

    Just wondering
    Last edited by Grapeshot; 05-12-2014 at 06:34 PM.
    Personal Defensive Solutions professional personal firearms, edge weapons and hands on defensive training and tactics pdsolutions@hotmail.com

    Any and all spelling errors are just to give the spelling Nazis something to do

  13. #13
    Regular Member Primus's Avatar
    Join Date
    Oct 2013
    Location
    United States
    Posts
    4,216
    Quote Originally Posted by Firearms Iinstuctor View Post
    WM here's a quote from you on the thread they took my gun.

    "GED at 16? Big deal. In my younger days when I spent some time locked up, I used it to get my GED 3 times. (you have to slightly change the spelling of your name.) And that's on top of my high school diploma and an Associates of Applied Science in Marketing. Money don't make the man pothead. Learn a lesson from this if you're so smart."

    How much time did you spend in a lock up and where.

    Just wondering
    Zinga

    Sent from my XT907 using Tapatalk
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

  14. #14
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Quote Originally Posted by Firearms Iinstuctor View Post
    WM here's a quote from you on the thread they took my gun.

    "GED at 16? Big deal. In my younger days when I spent some time locked up, I used it to get my GED 3 times. (you have to slightly change the spelling of your name.) And that's on top of my high school diploma and an Associates of Applied Science in Marketing. Money don't make the man pothead. Learn a lesson from this if you're so smart."

    How much time did you spend in a lock up and where.

    Just wondering


    Enough and most of it for ******* off foster parents. No crime needed, eh primus?

  15. #15
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Juvenile records are sealed. All my guns were bought new from FFLs, FBI says I'm ok. **** ** **
    Last edited by Grapeshot; 05-12-2014 at 04:10 PM.

  16. #16
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Quote Originally Posted by Franky View Post
    http://www.channel3000.com/news/cour...s-law/25922474



    Better be in a hurry, FOIAs are about to become discretionary here.



    sock puppet!

  17. #17
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by Franky View Post
    http://www.channel3000.com/news/cour...s-law/25922474

    Better be in a hurry, FOIAs are about to become discretionary here.
    Must have had a moron for a lawyer as those records certainly would be covered by the common law rights to inspect records.

    You know, we always did not have FOI Acts, record acts until the 1970's after Watergate.

    If the records pertain to you or related to you, almost all the time they should be provided.

    The court got this 100% wrong. Should appeal.

    And even if upheld, it does not make the act discretionary ... they all have some discretion now.

    If the records are not part of an ongoing investigation then the records should be open to the public and open to this guy who also has a common law right to them as well.

  18. #18
    Regular Member
    Join Date
    Jul 2011
    Location
    northern wis
    Posts
    3,201
    WM your the one that has been bragging about what a hard core gang banger you were and now about the time you spent in lock-up.

    Curious minds just want the facts.

    Fosters Homes are not jail or prison.
    Last edited by Firearms Iinstuctor; 05-12-2014 at 01:32 PM.
    Personal Defensive Solutions professional personal firearms, edge weapons and hands on defensive training and tactics pdsolutions@hotmail.com

    Any and all spelling errors are just to give the spelling Nazis something to do

  19. #19
    Regular Member
    Join Date
    Aug 2011
    Location
    Ellsworth Wisconsin
    Posts
    1,213
    Quote Originally Posted by JoeSparky View Post
    I've had some "concealed carry" dedicated folks swear that Open Carry was brandishing.
    Vot? Dey no knot de engleesh?

    Noah Webster's 1828 dictionary definition. BRAND'ISHING, ppr. Raising and waving in the air; flourishing.

  20. #20
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Quote Originally Posted by Firearms Iinstuctor View Post
    WM your the one that has been bragging about what a hard core gang banger you were and now about the time you spent in lock-up.

    Curious minds just want the facts.

    Fosters Homes are not jail or prison.



    I never said I was locked up in a foster home. I said I was sent to juvenile detention every time I didn't listen to them. When they decided they were ready to earn their paychecks they called social services and had me released from whichever juvenile detention center I ended up at.

    As an adult, 3, 6 and 6 months for d/c and battery. All misdemeanors, time served.

    The thing about the WI court access site, it shows all charges as if they were convictions, but out of the 8, only 4 ever stuck. 3 I didn't do and one the judge dismissed because of police brutality.

    Like I said, I have absolutely nothing to hide, unlike Doug and his sock puppets.



    I have a feeling that's why I get so many page views on my blog. I don't hide behind a screen name, I don't hide from my past and most importantly, I offer you a completely unique perspective from which to view politics.

  21. #21
    Regular Member wimwag's Avatar
    Join Date
    Dec 2013
    Location
    Doug
    Posts
    1,118
    Besides, anyone who's ever met me will tell you I'm honest but blunt and friendly.

    When you've spent 6 out of your 30 years on earth in a 5x9 cell sunlight looks extremely warm and the sky is a blessing. Alhamdulillah!

  22. #22
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,622
    As this thread has gone so far off topic and degenerated into apparent personal vendettas, closing and locking it.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

Posting Permissions

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