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Thread: Need help?

  1. #1
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    Need help?

    my car is grey
    Last edited by WisconsinPI; 09-28-2011 at 11:39 AM.
    When seconds count between life and death the police are only minutes away - Philip Van Cleave

    http://www.youtube.com/watch?v=7RgLEGibyXs The Right of the People to bear arms SHALL NOT BE INFRINGED.

    http://www.youtube.com/watch?v=1GNu7...eature=related

  2. #2
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    Post little if nothing else, consider deleting what you HAVE posted, pending discussion with a lawyer....
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  3. #3
    Regular Member Trip20's Avatar
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    Quote Originally Posted by wrightme View Post
    Post little if nothing else, consider deleting what you HAVE posted, pending discussion with a lawyer....
    Good advice.
    You are not anonymous.
    Do not be surprised to see your post in court used as evidence against you.

  4. #4
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    Thanks. He "let the genie out," and I am sure everyone who reads this thread has their curiosity on alert, but sharing can come later.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  5. #5
    McX
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    if your a member it's time to make a phone call to WisconsinCarry! Also, dont post anything further, and wipe what you have posted on here.

  6. #6
    Regular Member Interceptor_Knight's Avatar
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    My advice to you is to Lawyer up.
    I don't see how a loaded mag is RAS for a draw down and a vehicle search. These guys are going to crap their pants come November 1st and people OC in a car with a holster on their dash.

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    Quote Originally Posted by WisconsinPI View Post
    my car is grey
    I did lawyer up, it was an illegal search and seizure, and i haven't been charged and charges will not be filed according to DA. BUT, I wonder if there are any ways I can go about remedying the illegal search and seizure in a legal manner.
    When seconds count between life and death the police are only minutes away - Philip Van Cleave

    http://www.youtube.com/watch?v=7RgLEGibyXs The Right of the People to bear arms SHALL NOT BE INFRINGED.

    http://www.youtube.com/watch?v=1GNu7...eature=related

  8. #8
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    Quote Originally Posted by WisconsinPI View Post
    I did lawyer up, it was an illegal search and seizure, and i haven't been charged and charges will not be filed according to DA. BUT, I wonder if there are any ways I can go about remedying the illegal search and seizure in a legal manner.
    That is a good question..... for your lawyer. If he cannot answer it, you have the wrong lawyer.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  9. #9
    Campaign Veteran rcawdor57's Avatar
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    Exclamation Except In A GFSZ

    Quote Originally Posted by Interceptor_Knight View Post
    My advice to you is to Lawyer up.
    I don't see how a loaded mag is RAS for a draw down and a vehicle search. These guys are going to crap their pants come November 1st and people OC in a car with a holster on their dash.

    Don't forget to unload and lock her up in those pesky GFSZ's until we all get our nice Wisconsin concealed carry permits. Yeah....great.

    These cops over reacted to the point of "almost" lethal force. Are they for real? What is going to happen when we drive around with our guns VISIBLE and LOADED after November 1st (with those pesky permits of course)?? How many people are going to be murdered by the police when an open carry person gets out of his/her car with a visible gun in holster?
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

    —John F. Kennedy

  10. #10
    Regular Member AaronS's Avatar
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    http://forum.opencarry.org/forums/sh...Side-Green-Bay

    And to think you were the one that wanted to be the nice guy.

    I would contact WCI, and I also would remove the OP ASAP.
    Hope you get the gun back... In working order...

  11. #11
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    yea, i'm not interested in paying a lawyer MORE, when I haven't done anything wrong, they're winning in a way, costing me money. They've seized my gun, they took both serial numbers and ran them, thats taking my personal information, they had guns in my face and were screaming, i thought i was going to get shot, all for nothing. All I'm doing is making people aware of it, it's ********, it's still going on.
    When seconds count between life and death the police are only minutes away - Philip Van Cleave

    http://www.youtube.com/watch?v=7RgLEGibyXs The Right of the People to bear arms SHALL NOT BE INFRINGED.

    http://www.youtube.com/watch?v=1GNu7...eature=related

  12. #12
    Regular Member 1245A Defender's Avatar
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    well,,

    I am so sorry for your PAIN!!!

    study O'hare V. Alamogordo....

    42 USC 1983,,, your stop, search, guns in your face, fear for your life, It is a SLAM DUNK!!!!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  13. #13
    Regular Member HandyHamlet's Avatar
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    Quote Originally Posted by AaronS View Post
    http://forum.opencarry.org/forums/sh...Side-Green-Bay

    And to think you were the one that wanted to be the nice guy.




    The WCInc hats are very nice. I have the black one with gold trim. Best of luck to the OP.

    Last edited by HandyHamlet; 09-28-2011 at 02:08 PM.
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
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    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

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    Quote Originally Posted by 1245A Defender View Post
    I am so sorry for your PAIN!!!

    study O'hare V. Alamogordo....

    42 USC 1983,,, your stop, search, guns in your face, fear for your life, It is a SLAM DUNK!!!!
    Where can I find that case? I did some google searches and only found others referencing it, but can't find the actual case anywhere.

  15. #15
    McX
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    baa-baa-baa, if this pans out for real, it sounds like it's time for the Wisconsin Carry leadership to call for a good old fashioned armed protest at the police department in question, havent had a good one of those since Sussex. Be sure to make it on a Sunday, and if it's in range i'll bring the whole damn family with.
    Last edited by McX; 09-28-2011 at 02:56 PM.

  16. #16
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    Not having read the OP, does this have any bearing?

    Section 21. 66.0409 (6) of the statutes is created to read:

    66.0409 (6) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried. Any ordinance in violation of this subsection does not apply and may not be enforced.



    Section 86. 947.01 (2) of the statutes is created to read:

    947.01 (2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.


    Section 101. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows:

    (1) The treatment of sections 66.0409 (6), 165.25 (12), 175.49 (4), 175.60 (2m) and (5), and 947.01 (2) of the statutes and Section 100 (1) and (2) of this act take effect on the day after publication.

  17. #17
    Founder's Club Member protias's Avatar
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    Quote Originally Posted by phred View Post
    Not having read the OP, does this have any bearing?
    Some, but there was more involved that just that. WCI is aware of it.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  18. #18
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by WisconsinPI
    I wonder if there are any ways I can go about remedying the illegal search and seizure in a legal manner.
    Oh, yes. Yes indeed. BTDT.

    Quote Originally Posted by bmwguy11
    Where can I find that case? [St John] I did some google searches and only found others referencing it, but can't find the actual case anywhere.
    Have a look at my blog post here.
    Toward the bottom (03JUL11) there are 3 quotes w/ a link to another page that discusses at great length several wrongful detainments/arrests/etc. that have resulted in the PD involved getting its figurative weenie spanked.

    St. John v. McColley (that page has a link to a PDF of the decision in the first line of text)
    "Mr. St. John’s lawful possession of a loaded firearm in a crowded place could not, by itself, create a reasonable suspicion sufficient to justify an investigatory detention."

    United States v. Ubiles 224 F.3d 213 (3rd Cir. 2000):
    The Third Circuit found that an individual’s lawful possession of a firearm in a crowded place did not justify a search or seizure.

    United States v. King 990 F.2d 1552 (10th Cir. 1993)
    The Tenth Circuit found that an investigatory detention initiated by an officer after he discovered that the defendant lawfully possessed a loaded firearm lacked sufficient basis because the firearm alone did not create a reasonable suspicion of criminal activity.

    Hope that helps.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
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    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  19. #19
    Regular Member oak1971's Avatar
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    Hope you have a good resolution...get a WCI membership if you don't have one already.
    In God I trust. Everyone else needs to keep your hands where I can see them.

  20. #20
    Regular Member Lurchiron's Avatar
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    Quote Originally Posted by rcawdor57 View Post
    Don't forget to unload and lock her up in those pesky GFSZ's until we all get our nice Wisconsin concealed carry permits. Yeah....great.

    These cops over reacted to the point of "almost" lethal force. Are they for real? What is going to happen when we drive around with our guns VISIBLE and LOADED after November 1st (with those pesky permits of course)?? How many people are going to be murdered by the police when an open carry person gets out of his/her car with a visible gun in holster?

    Best to practice your fast-draw then, eh???
    Bale da Hay

    "Have you Spanked a leftist today; it's the Right thing to do!!!"


    Within the gates before a man shall go,
    (Fully warily let him watch,)
    Full long let him look about him;
    For little he knows where a foe may lurk,
    And sit in the seats within.

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  21. #21
    McX
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    any further info on this situation? anyone on the freedom of information request?

  22. #22
    Regular Member Outdoorsman1's Avatar
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    My car is White.....

    Even if not legally required, I will be informing any LEO (early on) with a loud (calm) clear voice that I am an open carrier and am legally open carrying my firearming holstered on my right hip... as in... don't shoot me...

    With voice recorder turned on.

    Outdoorsman1
    "On the Plains of Hesitation bleach the bones of countless millions who, at the Dawn of Victory, sat down to wait - and waiting, died."

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  23. #23
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by Outdoorsman1 View Post
    My car is White.....

    Even if not legally required, I will be informing any LEO (early on) with a loud (calm) clear voice that I am an open carrier and am legally open carrying my firearming holstered on my right hip... as in... don't shoot me...

    With voice recorder turned on.

    Outdoorsman1
    I sincerely hope that works out for you. Without a permit though, what you are openly advocating is breaking the law.

  24. #24
    Regular Member Outdoorsman1's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    I sincerely hope that works out for you. Without a permit though, what you are openly advocating is breaking the law.
    I am thinking that even with a permit it would be a good idea.... I know I know...with the permit it's the law....

    Without a permit.. well we will just have to see... as I said in another post (or maybe it wasn't me typing it) I am done with all the bullpoop and will take my chance OC'ing in a vehicle per the changes in the statute 167.... So far all the LEO encounters I have had in my area have been good ones... I am betting on that being the case if the future... or maybe this is all moot as I might not even have an LEO stop.... If I do, I will let you know how it turns out. This also might be my evil twin on my computer. Him and I (or I amd him) (we) are gonna have a talk about unauthorized comtuer usage...

    I (we) are also done with this never ending story....

    Thank you for your concern... it has not gone un-noticed.

    Edited to add... We forgot to SNIP what we were refering to when we posted the Let LEO know we are carrying thing... here it is...

    These cops over reacted to the point of "almost" lethal force. Are they for real? What is going to happen when we drive around with our guns VISIBLE and LOADED after November 1st (with those pesky permits of course)?? How many people are going to be murdered by the police when an open carry person gets out of his/her car with a visible gun in holster?
    Outdoorsmen1
    Last edited by Outdoorsman1; 09-30-2011 at 08:46 PM.
    "On the Plains of Hesitation bleach the bones of countless millions who, at the Dawn of Victory, sat down to wait - and waiting, died."

    George Cecil (1891–1970) American advertising copywriter

    Outdoorsman1
    Member: Wisconsin Carry Inc.
    Member: Silver Lake Sportsmans Club
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  25. #25
    Regular Member hardballer's Avatar
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    Spoke with an officer tonight about this very thing. He said he would ask at a traffic stop. I said why, bad guys will carry anyway. He said that he did not want to draw down on an innocent person but if he sees a gun without warning, his gun is clearing leather.

    I am not advocating this behavior but I definitely understand and coppers position.
    Hokey religions and ancient weapons are no match for a good blaster at your side, kid. Han Solo

    http://buffaloholstercompany.blogspot.com/ Concealment holsters IWB, SOB, and belt slide. Open Carry too. New from Buffalo Holster, Women's holsters for concealment and or belt carry.

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