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

davidmcbeth · Jan 17, 2015

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.

Fallschirjmäger · Jan 17, 2015

(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'?

davidmcbeth · Jan 17, 2015

Fallschirmjäger said:
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....

twoskinsonemanns · Jan 17, 2015

Fallschirmjäger said:
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.

F350 · Jan 18, 2015

Fallschirmjäger said:
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.

OC for ME · Jan 19, 2015

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.

color of law · Jan 19, 2015

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.

bc.cruiser · Jan 19, 2015

color of law said:
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=...=FXaZpzZq6VUNpbvbnS9q4Q&bvm=bv.83829542,d.eXY

color of law · Jan 19, 2015

bc.cruiser,

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

Thanks for trying....

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

davidmcbeth

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F350

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OC for ME

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color of law

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