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Thread: Eau Claire Man Charged After Pointing a Gun at an Officer

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    http://www.weau.com/home/headlines/13028032.html

    Lt. Karl Fisher says an officer was called to help a man passed out in the snow and ended up facing a gun.

    48-year-old Steven Dains of Eau Claire is now charged with a felony of pointing a gun at an officer. He's also charged with possessing marijuana and attempted escape.

    Lt. Fisher says Officer Mike Walter was called to 1011 Sheridan Road in Eau Claire at 6:00 a.m. on Tuesday for a report of someone passed out in a snow bank.

    When the officer got to the home, the man was gone and Walter followed footsteps into the backyard. That's where he found Dains pointing a handgun at him.

    Walter told Dains to drop his gun. He didn't, but did lower it. Walter then used his flashlight to knock him to the ground. That's when Walter was able to take the gun away from him.

    "It would've been very easy for the officer to kill the person and very easy for the person to kill the officer," says Fisher. "The officer walks away knowing 'I was close to death right there and I made the decisions I made and I came out alright and I'm going home tonight.' But, it's as bad as you can imagine it being."

    Lt. Fisher says Dains blood alcohol content was more than three times the legal limit. His gun was not loaded.

    Doug Huffman wrote:
    Castle doctrine - unless you're drinking in your castle. Unless Anony Mouse, the tipster is busy.
    From the same source...http://www.weau.com/news/headlines/13031622.html

    A simple household tool sparked a scare in Eau Claire Thursday night.

    Police officers were called to this home at Rudolph and Mitchell just before 9:30 p.m..

    Three officers, with guns drawn, went into the home because police say a passing motorist thought they saw a person inside pointing a gun out the window.

    Officers tell us it turned out to be a level. Officers cleared the scene shortly after they found out what it was.

    What might have happened it the person was an armed and aware citizen? It seems that a courteous phone call might have saved a lot.
    Either we are equal or we are not. Good people ought to be armed wher they will, with wits and guns and the truth. NRA *******


  2. #2
    State Researcher .40 Cal's Avatar
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    Both of these stories involve people in their own homes (assuming the snow bank the man was passed out in was on his property). Where is the line drawn forthe right to privacy?

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    Accomplished Advocate color of law's Avatar
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    .40 Cal wrote:
    Both of these stories involve people in their own homes (assuming the snow bank the man was passed out in was on his property). Where is the line drawn forthe right to privacy?
    If you can be seen from the public area then it is not private. If a LEO comes to your front door and the front door is open but the screen door is closed and the LEO sees contraband he/she can get a warrant and if it looks like you will dispose of it he can secure it until he gets the warrant. No expectation of privacy from the front of house as the LEO is concerned. A citizen is different.

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    Either we are equal or we are not.

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    State Researcher .40 Cal's Avatar
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    color of law wrote:
    .40 Cal wrote:
    Both of these stories involve people in their own homes (assuming the snow bank the man was passed out in was on his property). Where is the line drawn forthe right to privacy?
    If you can be seen from the public area then it is not private. If a LEO comes to your front door and the front door is open but the screen door is closed and the LEO sees contraband he/she can get a warrant and if it looks like you will dispose of it he can secure it until he gets the warrant. No expectation of privacy from the front of house as the LEO is concerned. A citizen is different.
    A firearm in my house is not contraband.

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    Accomplished Advocate color of law's Avatar
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    .40 Cal wrote:
    color of law wrote:
    .40 Cal wrote:
    Both of these stories involve people in their own homes (assuming the snow bank the man was passed out in was on his property). Where is the line drawn forthe right to privacy?
    If you can be seen from the public area then it is not private. If a LEO comes to your front door and the front door is open but the screen door is closed and the LEO sees contraband he/she can get a warrant and if it looks like you will dispose of it he can secure it until he gets the warrant. No expectation of privacy from the front of house as the LEO is concerned. A citizen is different.
    A firearm in my house is not contraband.
    I was making a general statement. I was not referring to the firearm. This story has major problems. Typical, not enough info in story. A lot of factors play into this case. Was the backyard fenced in? Was it an anonymous call to the police? If the answer to these two questions is yes, then the State has a weak case.

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    Re: Story 2: Since when is it a crime to point a gun out a window of one's house? If I'm showing a friend a new rifle scope, it's kind of hard to get a look through it indoors...

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