Lenord Embody's criminal case dismissed

“What value are enumerated rights if I am punished for exercising them?” he said.

http://www.tennessean.com/story/news/crime/2014/08/27/case-dismissed-gun-rights-advocate/14712313/

The judge said Embody could have prevented the entire incident by simply telling authorities he was licensed to carry the weapon. He said Metro police “acted reasonably given the circumstances of the situation.”

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And the police are simply going to take his word about what he simply was doing? The judge, methinks, is a simpleton.

Can't say I like his style, but I'll stand with him as to his RIGHT TO DO IT!

Fallschirmjäger said:

And the police are simply going to take his word about what he simply was doing? The judge, methinks, is a simpleton.

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Without facts that support a probable cause finding that he was violating the law, the LEO had no authority to arrest him, let alone the continued prosecution.

If this was about the silencer, there is no law that requires one to carry the tax stamp while possessing the silencer. If fact it's a tax document that is confidential and cannot be demanded except by a court order.

The judge followed the law..good for him.

He was smart ... keeping his mouth shut.

“The Defendant can exercise his Second Amendment rights without scaring or endangering the public, [by carrying a evil black rifle that only the cops should have cuz you're uppity peon civilian] and without being uncooperative [code for - exercising your rights is OK but only in the manner approved by your overseers...capice!] with a legitimate [-ish...or so it it is claimed, and what they claim I will go with until it looks like I might get into trouble for arbitrarily standing up for cops just cuz they is cops...who never lie...yo] law enforcement investigation,” the order read.

Ya gotta read between the lines to get the true sentiment of that judge.

notalawyer said:

Without facts that support a probable cause finding that he was violating the law, the LEO had no authority to arrest him, let alone the continued prosecution.

If this was about the silencer, there is no law that requires one to carry the tax stamp while possessing the silencer. If fact it's a tax document that is confidential and cannot be demanded except by a court order.

The judge followed the law..good for him.

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Unfortunately, the job of the police is not to be finders of facts. And "we're acting on good faith" excuses a lot of poor probable cause concerns. (And well I know that as I was arrested for trespass at a public park while violating no Federal Code, State Code, County or Municipal Code or even Park Rule and there was nothing beyond an accusation as 'cause'. Of course, it got dismissed, but I highly suspect that a conviction wasn't the goal of the officers involved, they merely wanted to ruin someone's day that they didn't agree with.)

I don't think much of Embody, but this part of the article is dead on: "Embody challenged Wyatt’s claims that he didn’t cooperate, saying he exercised his Constitutional rights to remain silent and refuse a police search without a warrant. “What value are enumerated rights if I am punished for exercising them?” he said."

Embody has long said he had a federal permit to carry the silencer that was cited as the reason he was charged. In an Aug. 15 court hearing, Metro police admitted they saw the permit in the case where the rifle and silencer were being stored.

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The judge said Embody could have prevented the entire incident by simply telling authorities he was licensed to carry the weapon.

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What is this "federal permit" Leonard claims to have. Did he really claim that, or is this just reporter failure?

Also, judge: there is no license to carry a long gun. Not in Tennessee, nor anywhere else.