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Trip20

Regular Member
Joined
Nov 16, 2006
Messages
526
Location
Wausau Area
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.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
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.
 
M

McX

Guest
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.
 

Interceptor_Knight

Regular Member
Joined
May 18, 2007
Messages
2,851
Location
Green Bay, Wisconsin, USA
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.
 

WisconsinPI

Regular Member
Joined
Sep 21, 2010
Messages
81
Location
Green Bay
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.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
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.
 

rcawdor57

Campaign Veteran
Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
Except In A GFSZ

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?
 

WisconsinPI

Regular Member
Joined
Sep 21, 2010
Messages
81
Location
Green Bay
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.
 

HandyHamlet

Regular Member
Joined
Nov 17, 2010
Messages
2,772
Location
Terra, Sol

funny-awesome-photos-thechive-7.jpg




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

:cool:
 
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bmwguy11

Regular Member
Joined
Aug 11, 2011
Messages
461
Location
wisconsin
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.
 
M

McX

Guest
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.
 
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phred

Regular Member
Joined
Mar 14, 2010
Messages
768
Location
North Central Wisconsin, ,
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.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
WisconsinPI said:
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.

bmwguy11 said:
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. :D
 

Lurchiron

Regular Member
Joined
Apr 7, 2009
Messages
1,011
Location
Shawano,WI.
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??? :eek:
 
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