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one of us? open carry at dui checkpoint

shadowed_stranger

Regular Member
Joined
Oct 26, 2011
Messages
22
Location
Vegas
Hope this isn't too much of a thread hijack, but I didn't feel it was worthy of a new post.

Anywho, a few of you know that whenever I see a speed trap I pull over and hold a 'police ahead' sign. I've been to a couple of the checkpoints with signs as well. So recently, I came across a deal where I could get pro printed signs for $5 shipped, so I had a couple made. Enjoy.

fej6kDa.jpg
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
Open carry related:

their discovery of a loaded weapon within his reach gave them reasonable suspicion to order him out of his vehicle and probable cause to place him under arrest.

You can't make this up!
 
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We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
WOW they didn't even try to justify it with "officer safety" just straight to "reasonable suspicion".....I guess they haven't heard of Florida v JL.....there is no firearms exception to the fourth amendment.

What's your next step YardSale?
 

DON`T TREAD ON ME

Regular Member
Joined
May 17, 2009
Messages
1,231
Location
Las Vegas, Nevada, USA
If you go into wiznet, you will see two different criminal appeals, one cost nothing... I would appeal to the Nevada Supreme court. They dismissed mine initially but I petitioned for a rehearing and it is now pending! Since it costs you nothing, I would ditch the mouthpiece (lawyer) and get it reviewed.
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
update

My appeal is docketed in the supreme court. I requested and received some of the muni court recordings from the district court, which had them in their possession for the appeal. They did not have the first arraignment or first trial recordings despite the muni court's earlier insistence they had sent everything up to the district court.

Yesterday I went to the muni court and again requested the missing recordings and again was denied. I explained I was making an oral request for public records as per NRS chapter 239. The clerk went to the judge and came back and said the judge said NRS 239 didn't apply to his court. Ha, just the like fourth amendment didn't apply to his court! He also said I may have no more 'informal conversations' with the court staff and everything must be handled on motions. Derr, I'm done with his court as a party to an action (until much later). I'm just some schmoe asking for public records. Time to ask a higher court for a writ of mandamus, a la Donrey v. Bradshaw.

While I was there they served me with the judge's new sentencing order: $1137 in fines/fees, 45 days suspended, and 14 weeks of anger management. They haven't received notice that the supreme court accepted my notice of appeal and the judge refused to stay his sentence.

With some difficulty, I converted the propietary recordings of the second arraignment (~5 minutes) and second trial (~6 hours) to a common audio format. It's going to take a lot of time to edit the perjuring cop testimony and other juicy bits for posting on YouTube.
 
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Lasjayhawk

Regular Member
Joined
Jul 21, 2012
Messages
289
Location
Las Vegas
Yard, I think I know why they want the anger management. By the time this is all said and done, they are afraid you are gonna be pi$$ed off.

Is organic law like organic fertilizer? You know, spread the poo around.
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
Supreme court dismissed the appeal. This appears to be over.

Remember, there's new case law in Washoe County: open carry is probable cause for arrest. For what exactly the judge didn't say, possibly obstructing an officer, possibly possession of a firearm while intoxicated.
 

Jeff. State

Banned
Joined
Aug 29, 2012
Messages
650
Location
usa
Oh man. I'm sorry Yard Sale.

The "system" is truly broken beyond repair.

It really scares me to think of the only option left in most of this country for those of us who demand our rights be recognized by agents of The State.
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
DON'T TREAD ON ME... We are two Nevada residents who have records of police misconduct at roadblocks. Would you care to leverage this into shutting down roadblocks statewide?

NHTSA and NDOT/OTS grant agreements require agencies to follow all public laws. We have evidence they don't. We, and the city attorneys and city managers who would be defending them from lawsuits know there is no leash short enough for the officers who who work their roadblocks and it's inevitable they will be in trouble again. Sparks has temporarily stopped its roadblocks; Reno is conducting roadblocks with changes, and Vegas doesn't seem to have slowed down one bit. All it will take is a cease and desist letter from an attorney to the OTS and participating agencies outlining their past transgressions and our evidence.
 

usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
My appeal is docketed in the supreme court.

Docketed or not, don't be surprised if the Supremes fail to take any action... other than to say they don't have jurisdiction over your appeal.

District Courts “have final appellate jurisdiction in cases arising in Justices Courts and such other inferior tribunals as may be established by law."

The Constitution of the State of Nevada, Article 6, Section 6.1.
 

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
Docketed or not, don't be surprised if the Supremes fail to take any action... other than to say they don't have jurisdiction over your appeal.

District Courts “have final appellate jurisdiction in cases arising in Justices Courts and such other inferior tribunals as may be established by law."

The Constitution of the State of Nevada, Article 6, Section 6.1.
Yes and I let it go without a petition for a rehearing en banc.
 
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