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  1. #1
    Regular Member TigerLily's Avatar
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    My Son Was Arrested in North Las Vegas

    On May 26th, my 28 year old son, an open carrier, was stopped while driving his car in North Las Vegas.

    He rolled his window partially and was ordered to lower it all the way because it was an "illegal tint."

    Before reaching into his pocket to get his wallet, and while keeping his hands on his steering wheel, and to keep the cop from freaking, my son informed the cop that he was open carrying a loaded weapon.

    The cop freaked and called for help and my son got out after at least three other officers arrived.

    My son's girlfriend called me to inform me that my son was being arrested so I removed my gun so as not to escalate the situation and I went to the scene.

    I walked toward the scene with my video cam and the cop that arrested my son approached me and met me half way, which was about 30 feet from the scene. The cop ordered me to go away and I asked if it was unlawful for me to video. He said, "Stay right there, then. Don't come any closer." I stayed put and told him I was the mother and had questions. That "cowboy" cop yanked the cam out of my hands, said, "I warned you," then cuffed me and shoved me into the back of a police car. My son was in another police car.

    His car was impounded and I believe they were going to impound my motorcycle (even though the vehicles were both on private property.)

    We both spent 24 hours in the holding tank. My son got pretty jacked up because he has had three MAJOR surgeries on his left arm and as you can imagine, they were certainly not gentle.

    We were both arraigned on Tuesday in Judge Vanlandshoot's court. Of course we both plead not guilty to everything. And our trials are on July 26th.

    My son's charges are as follows and I'm including to the best of my ability what the cop wrote on the citations - because his handwriting sucks!

    Aggressive Driving, NRS 484.376.5
    Did intentionally drive in such a manner by speeding above the posted speed limit, tailing, weaving in and out of traffic and change lanes multiple times within 100 feet in an unsafe and abrupt manner.

    How is it possible to do what he described in 100 feet?



    Dangerous Deadly Weapon in Vehicle, City Ordinance 9.32.080
    Did have in his possession in an automobile (Lexus…) a deadly weapon Taurus 40 caliber #(undecipherable).


    More than one Drivers License, NRS 483.232.4
    Did willfully have in possession more than one drivers license in his wallet.

    He had in his possession three NV dl's because the DMV had messed it up. He had a letter from the DMV that the cop refused to acknowledge. Therefore, he only had on VALID dl.

    1. Except persons expressly exempted in NRS 483.010 to 483.630, inclusive, a person shall not drive any motor vehicle upon a highway in this State unless such person has a valid license as a driver under the provisions of NRS 483.010 to 483.630, inclusive, for the type or class of vehicle being driven.


    NRS 484.6195.1
    Did have dark black window tint on all four windows which is more than (undecipherable.)

    No testing was done on the tint.

    Does anyone know of any other case in NLV in which a citizen was charged with and arrested for that obsolete city ordinance?

    btw, the Judge said words to this effect, "I highly suggest you get a lawyer because that gun violation is concerning."

    My son is attempting to find out if the prosecution will seek jail time. If not, he intends to defend himself and if convicted of anything, appeal it to district court and lawyer up there since the NLV Muni Court is a court of non record and any appeal will result in a trial de novo.

    Any thoughts?
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  2. #2
    Regular Member TigerLily's Avatar
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    NLV City Ordinances

    City of North Las Vegas Municipal Code – Dangerous/Deadly Weapon 9.32.080 Deadly weapon prohibited in vehicle--Exceptions.

    It is unlawful for any person to have in his possession in any automobile, truck, motorcycle, or any other type of vehicle any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation. (Ord. 596 § 1, 1978: prior code § 7.22.070)


    Wouldn't the prosecution have to prove where my son was going and what he intended to do?

    And, my husband found this juicy ordinance:

    9.32.040 Dangerous or deadly weapon defined.
    The term "dangerous or deadly weapons" includes, but is not limited to, any dirk or dagger; any knife with a blade three inches or more in length, and any snap-blade or spring-blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; and any cutting, stabbing, or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any firearm other than (a) one carried pursuant to a valid permit, issued by a duly authorized government authority, or (b) an ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport. (Prior code § 7.22.040)


    And he made this comment:

    Seems to me, someone who is open carrying with a properly registered handgun in Clark County (NLV included - based upon their own definition) is not within the NLV City ordinance of having a "dangerous or deadly weapon" in a vehicle.... as long as it is not concealed, whereby a CC is required.
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  3. #3
    Regular Member TigerLily's Avatar
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    Should I have opened carried?

    In retrospect I wonder if I had been open carrying, the way I usually do, if I would have been arrested. In my narrow experience, I've had better "luck" dealing with cops and filming when I open carry compared to when I don't.
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  4. #4
    Regular Member VW_Factor's Avatar
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    Sorry to hear about this. Hopefully things turn out nicely for you both.

  5. #5
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    UGGHHH this sucks. I would also contact the NRAILA. Not that I am huge fan of them but they did try to bring this case.



    Edit I see my question was answered in the other thread.
    Last edited by Vegassteve; 06-30-2011 at 08:06 PM.

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    Um, NLV's dangerous weapon law vis-a-vis firearms should be pre-empted by state law. Null and void.

    There's NV case law on discretionary arrests for misdemeanors of the sort your son was arrested for.

    We both spent 24 hours in the holding tank.
    Quote Originally Posted by TigerLily View Post
    In retrospect I wonder if I had been open carrying, the way I usually do, if I would have been arrested.
    Huh? Handcuffed, transported, and held is a de facto arrest. Also known as false arrest, kidnapping, and false imprisonment. Expect an "obstructing" cover charge as soon as you mention this, so you might not want to mention it for a year (statute of limitations for misdemeanor).

    42 USC 1983 for the both of you.

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    Nevada Revised Statute 268.418(1) Preempts North Las Vegas City Code 9.32.080, as it Pertains to Firearms, however; The Remainder of 9.32.080, concerning Hand-Held Weapons, is LAWFUL.
    Last edited by aadvark; 12-25-2011 at 05:59 PM.

  8. #8
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by aadvark View Post
    Nevade Revised Statute 268.418(1) Preempts North Las Vegas City Code 9.32.080, as it Pertains to Firearms, however; The Remainder of 9.32.080, concerning Hand-Held Weapons, is LAWFUL.
    9.32.080 Deadly weapon prohibited in vehicle--Exceptions.

    It is unlawful for any person to have in his possession in any automobile, truck, motorcycle, or any other type of vehicle any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation. (Ord. 596 § 1, 1978: prior code § 7.22.070)


    I'm not understanding your point. My son had a registered gun that was confiscated and he was arrested because of it and had his car impounded because of it. What part of the ordinance does not apply?
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    Regular Member TigerLily's Avatar
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    Quote Originally Posted by Yard Sale View Post
    Um, NLV's dangerous weapon law vis-a-vis firearms should be pre-empted by state law. Null and void.

    There's NV case law on discretionary arrests for misdemeanors of the sort your son was arrested for.



    Huh? Handcuffed, transported, and held is a de facto arrest. Also known as false arrest, kidnapping, and false imprisonment. Expect an "obstructing" cover charge as soon as you mention this, so you might not want to mention it for a year (statute of limitations for misdemeanor).

    42 USC 1983 for the both of you.
    I was cuffed and taken to a holding tank for 24 hours. Was arraigned on Tuesday for Obstructing Officer. Trial on July 26th, at 1:30 p.m. in Vanlandshoot's Court.
    YouTube OC activism vids: https://www.youtube.com/playlist?lis...ature=view_all
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  10. #10
    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by TigerLily View Post
    I was cuffed and taken to a holding tank for 24 hours. Was arraigned on Tuesday for Obstructing Officer. Trial on July 26th, at 1:30 p.m. in Vanlandshoot's Court.
    News this morning said Vanlandshoot has retired.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

  11. #11
    Founder's Club Member thebigsd's Avatar
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    Make sure you or your son's lawyer FOIA any and all communications related to your son's traffic stop and subsequent arrests. Do this sooner than later. By the way, did you get your camera back?
    "When seconds count between living or dying, the police are only minutes away."

  12. #12
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by thebigsd View Post
    Make sure you or your son's lawyer FOIA any and all communications related to your son's traffic stop and subsequent arrests. Do this sooner than later. By the way, did you get your camera back?
    We both did a formal motion for discovery - that's another story.

    Got my cam back but the recording was "gone" and so were two of the stickers that were on my helmet.
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    Quote Originally Posted by TigerLily View Post
    We both did a formal motion for discovery - that's another story.

    Got my cam back but the recording was "gone" and so were two of the stickers that were on my helmet.
    Do NOT use the camera or re-record over the memory card. Find someone who specializes in data recovery, if even you have to pay for it.

    They should not only be able to get the recording back, they can show when it was deleted i.e. after it was confiscated and while you were in jail and before it was returned to you - prima facia evidence of deliberate evidence tampering.

    Good luck.
    Last edited by FTG-05; 07-08-2011 at 07:22 AM.

  14. #14
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by FTG-05 View Post
    Do NOT use the camera or re-record over the memory card. Find someone who specializes in data recovery, if even you have to pay for it.

    They should not only be able to get the recording back, they can show when it was deleted i.e. after it was confiscated and while you were in jail and before it was returned to you - prima facia evidence of deliberate evidence tampering.

    Good luck.
    The cam is still intact since I got it back and I gave it to an expert he's taking it work where he has some equipment to do a good inspection. Thanks.
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