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Thread: remember broken taillight stop? Here's one regarding open v CC laws

  1. #1
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    remember broken taillight stop? Here's one regarding open v CC laws

    http://fourthamendment.com/?p=15490

    "In a consensual encounter, the officer saw the butt of a gun sticking out of defendant’s back pocket. The direction to him to “turn around” was custodial. Even assuming that defendant had a right to carry a gun, any mistake of law was reasonable under Heien. United States v. Moore, 2014 U.S. Dist. LEXIS 180138 (N.D. Ala. December 22, 2014)"

    Of course, the information was all based on simple testimony by the cop? Likely.

  2. #2
    Regular Member Fallschirmjäger's Avatar
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    (officer’s reasonable, but mistaken, belief that defendant had violated state law was sufficient to establish reasonable suspicion to justify Terry stop).
    I'm still trying to wrap my head around how a mistake of law can be 'reasonable'. If one of us peons makes a mistake in the law, when has it ever been held to be 'reasonable'?

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    Quote Originally Posted by Fallschirmjäger View Post
    I'm still trying to wrap my head around how a mistake of law can be 'reasonable'. If one of us peons makes a mistake in the law, when has it ever been held to be 'reasonable'?
    That's why they are legalizing drugs ... to give you the tools to be able to get your head around this subject matter...like LSD, crack, weed, etc....

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    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    I'm still trying to wrap my head around how a mistake of law can be 'reasonable'. If one of us peons makes a mistake in the law, when has it ever been held to be 'reasonable'?
    IGNORANCE OF THE LAW IS NO EXCEPTION!! Wait. uh... well it can be if you have a badge and blue costume showing your status in the right gang.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

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    Regular Member F350's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    I'm still trying to wrap my head around how a mistake of law can be 'reasonable'. If one of us peons makes a mistake in the law, when has it ever been held to be 'reasonable'?
    Don't forget what animal was more equal than the others.

  6. #6
    Regular Member OC for ME's Avatar
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    So it begins. It did not take long for the new training to be used to the benefit of the state...and to the detriment of the citizenry.
    "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

  7. #7
    Accomplished Advocate color of law's Avatar
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    Where is this United States v. Moore case?

    I've searched all over for this case, even the Eleventh Circuit's website, no can find.

    I'm betting it doesn't say what fourthamendment is reporting. And if it is then the Eleventh Circuit doesn't understand Heien v. North Carolina.

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    Quote Originally Posted by color of law View Post
    Where is this United States v. Moore case?

    I've searched all over for this case, even the Eleventh Circuit's website, no can find.

    I'm betting it doesn't say what fourthamendment is reporting. And if it is then the Eleventh Circuit doesn't understand Heien v. North Carolina.
    Here's the PDF for you: http://www.google.com/url?sa=t&rct=j...83829542,d.eXY

  9. #9
    Accomplished Advocate color of law's Avatar
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    bc.cruiser,

    Sorry, but that is not the case. Alabama is not in the Western District of North Carolina.

    Thanks for trying....

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