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Thread: Failure of Justice yet again

  1. #1
    Regular Member DeSchaine's Avatar
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    Failure of Justice yet again

    Well, its official, score one for the idiots. The Feds have now set OC rights back with this latest BS ruling.

    http://fox17online.com/2015/06/02/gr...en-carry-stop/

    http://www.mlive.com/news/grand-rapi...ids_polic.html

    Lesson here: Don't sing and carry at the same time. I can see this leading to a flurry of frantic 911 calls anytime an OCer is spotted.
    Guard with jealous attention the public liberty.
    Suspect everyone who approaches that jewel.
    Unfortunately, nothing will preserve it but downright force.
    Whenever you give up that force, you are inevitably ruined.
    -Patrick Henry, Virginia Ratification Convention, June 5, 1788

  2. #2
    Regular Member solus's Avatar
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    now where is deffert's go-fund me site to push this up the judicial ladder?

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

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    Wow, they went into quite some detail on the handgun and accessories he had.

    Surprised they didn't mention the brands of holster and ammo as well.

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    How does this ruling reconcile with the recent Northrup v Toledo ruling by the 6th Circuit?

    Would it not be obvious that the Michigan case will be overturned on appeal?

  5. #5
    Regular Member DeSchaine's Avatar
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    That's a good point WC. I just did a quick read of that case and yes, it seems almost exactly the same, except for initial confrontation between the LAC and Antigun fruitcake.

    In addition, I'm still wondering why the cop in the GR case hasn't been fired yet, due to his putting innocent passersby at great risk by keeping his gun on the suspect even though cars are going between them.
    Guard with jealous attention the public liberty.
    Suspect everyone who approaches that jewel.
    Unfortunately, nothing will preserve it but downright force.
    Whenever you give up that force, you are inevitably ruined.
    -Patrick Henry, Virginia Ratification Convention, June 5, 1788

  6. #6
    Regular Member twoskinsonemanns's Avatar
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    It's a warm comfort to see the system working so well.
    I wonder why they didn't just shoot him?
    "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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    Eugene Volokh on Deffert v. Moe.

    "From yesterday’s federal trial court decision in Deffert v. Moe (W.D. Mich.), which held that the police didn’t violate the Fourth Amendment by briefly but coercively stopping Johann Deffert, who was openly carrying a gun (and whose actions ultimately proved to be lawful):

    http://www.washingtonpost.com/news/v...effertvMoe.pdf

    http://www.washingtonpost.com/news/v...arry-is-legal/

    http://volokh.com/2012/08/30/unusual...mendment-case/

    http://www.washingtonpost.com/news/v...hakuna-matata/
    I am responsible for my writing, not your understanding of it.

  8. #8
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by DeSchaine View Post
    Well, its official, score one for the idiots. The Feds have now set OC rights back with this latest BS ruling.

    http://fox17online.com/2015/06/02/gr...en-carry-stop/

    http://www.mlive.com/news/grand-rapi...ids_polic.html

    Lesson here: Don't sing and carry at the same time. I can see this leading to a flurry of frantic 911 calls anytime an OCer is spotted.
    Another Leonard Embody, it seems.

    Act like you're "out there" while OCing and you get stopped. Big surprise.

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  10. #10
    Regular Member sudden valley gunner's Avatar
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    Its not a justice system. Not even close.

    Really rights don't exist because cops?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  11. #11
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    I didn't read the decision, just skimmed it, and a fast skim at that.

    It seems to fly in the face of Florida vs JL. (JL was a minor, thus only his initials, not his full name). In that decision, the government argued there should be an exception for guns to the standard Terry stop doctrine. The US Supreme Court expressly declined to make an exception to standard Terry doctrine for guns. Its not in the holding, since the case was more about the reliability of an anonymous tip, but, c'mon, the SCOTUS went out of its way to expressly decline one of the government's arguments.

    I guess the community caretaking angle is a new wrinkle, but nobody can credibly fly the argument the cop was "community caretaking" on Deffert's behalf. From the record, its pretty plain he was a criminal suspect, in which case the 4A applies to his seizure.
    Last edited by Citizen; 06-09-2015 at 10:32 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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