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federal lawsuit filed against radnor lake ranger unlawful arrest ak-47

RussP

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Leonard, will you be under oath during the hearing, you know, that perjury thing...? Just curious not having been through one.
 

kwikrnu

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RussP wrote:
Leonard, will you be under oath during the hearing, you know, that perjury thing...? Just curious not having been through one.
It is a legal proceeding where the State has the burden of proof. It will all be under oath. Questions will be asked of the Belle Meade police and anyone else who testifies, I'm not accepting affidavits or hearsay. I'm supposed to be getting the witness and evidence lists soon...
 
M

McX

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get 'em kwick! make em prove their case, waste their money, and make the naysayers look like damn fools!
 

PT111

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I have been following this soap opera since kwik first started posting about the park incident here. I haven't followed it in detail reading every post or watching and listening to every recording like some others have but I have come to the following conclusions that are strictly my personal opinion about this whole deal.

I can't find anyplace where kwik has actually broken any laws but has fully violated the intent of the laws but not the letter of the law.

I really can''t find where any of the LEO have broken any laws or violated kwik's rights. Initially I may have sided with kwik on some of his actions but later postings have proven that in hindsight the LEO were correct in their initial judgements.

The person that refused to go through with he silencer sale was well within his rights to do so and did the right thing.

I think that the revoking of kwik's permit is a valid revocation especially now if not at the time of the revocation.

I think that kwik is mentally unstable and should not be allowed to even be around guns.

It sure appears to me that kwik seems to change his story evey time he tells it to the point that I don't know if he even knows what happened any more. I have tried to read some of his rebuttals and either he refuses to answer simple questions or slants his version to refelect a different occurance than what he posted earlier.



A good many years ago there were some congressmen that were caught up in some stings and there was quite a discussion in the media about the legality of entrapment. There is a difference between entrapment, baiting and whatever else you want to call it. What kwik was doing was strictly baiting to see if any LWO would bite. When he couldn't get anyone to bite he kept changing the bait until he finally found some that they would bite. I don't think that the bait was ilegal but should be in my opinion. The LEO bit but not near as hard as kwik hoped and to me never actually stepped over the line and not nearly as far as kwik's actions were.

I really don't know what his original intentions were but he is getting his moment of glory now that he has placed himself fully in the spotlight and it has become an obsession to him. There are a lot of people that take on similar obsessions about religion, animals or a myriad of other projects and lots of time we think of them as nuts.I don't know if kwik has reached that point but it sure appears to me that he has. All of this is my opinion and nothing more.
 

kwikrnu

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PT111 wrote:
I have been following this soap opera since kwik first started posting about the park incident here. I haven't followed it in detail reading every post or watching and listening to every recording like some others have but I have come to the following conclusions that are strictly my personal opinion about this whole deal.

I can't find anyplace where kwik has actually broken any laws but has fully violated the intent of the laws but not the letter of the law.

I really can''t find where any of the LEO have broken any laws or violated kwik's rights. Initially I may have sided with kwik on some of his actions but later postings have proven that in hindsight the LEO were correct in their initial judgements.

The person that refused to go through with he silencer sale was well within his rights to do so and did the right thing.

I think that the revoking of kwik's permit is a valid revocation especially now if not at the time of the revocation.

I think that kwik is mentally unstable and should not be allowed to even be around guns.

It sure appears to me that kwik seems to change his story evey time he tells it to the point that I don't know if he even knows what happened any more. I have tried to read some of his rebuttals and either he refuses to answer simple questions or slants his version to refelect a different occurance than what he posted earlier.



A good many years ago there were some congressmen that were caught up in some stings and there was quite a discussion in the media about the legality of entrapment. There is a difference between entrapment, baiting and whatever else you want to call it. What kwik was doing was strictly baiting to see if any LWO would bite. When he couldn't get anyone to bite he kept changing the bait until he finally found some that they would bite. I don't think that the bait was ilegal but should be in my opinion. The LEO bit but not near as hard as kwik hoped and to me never actually stepped over the line and not nearly as far as kwik's actions were.

I really don't know what his original intentions were but he is getting his moment of glory now that he has placed himself fully in the spotlight and it has become an obsession to him. There are a lot of people that take on similar obsessions about religion, animals or a myriad of other projects and lots of time we think of them as nuts.I don't know if kwik has reached that point but it sure appears to me that he has. All of this is my opinion and nothing more.

The intent of the law is that those with handgun carry permits may carry open or concealed any handgun in a state park. It is the intent of the belle meade law to only allow an army or navy pistol carried openly in the hand. I have followed the clear intent of the law.

If you don't think that unlawful search of a persons pockets is illegal I can't help you.

If you think a police department can take a mans permit because they want to retaliate you are wrong.

I was sold a silencer and after the sale he changed his mind. I have done nothing illegal. It was a clear violation of the contract.

My story is the same today as it was yesterday. There is no change.
 

marshaul

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PT111 wrote:
can't find anyplace where kwik has actually broken any laws but has fully violated the intent of the laws but not the letter of the law.
WTF?

You're serious, aren't you?

So now laws means whatever we think they should mean?
 

RussP

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PT111 wrote:
...What kwik was doing was strictly baiting to see if any LWO would bite. When he couldn't get anyone to bite he kept changing the bait until he finally found some that they would bite. I don't think that the bait was ilegal but should be in my opinion. The LEO bit but not near as hard as kwik hoped and to me never actually stepped over the line and not nearly as far as kwik's actions were...
This is true by Leonard's own words.

He wanted to be arrested. He knew eventually he would be. He just didn't get there.

When he wasn't carrying his Model 29, he said maybe he could get arrested carrying a PLR-16 or an AK pistol.

When he wasn't arrested dressed in normal street clothes, he said maybe he needed to dress down.

When he couldn't get arrested, he said he hadn't met the right cop yet.

Finally he got his combo right and found the right cops.
 

marshaul

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RussP wrote:
PT111 wrote:
...What kwik was doing was strictly baiting to see if any LWO would bite.  When he couldn't get anyone to bite he kept changing the bait until he finally found some that they would bite.  I don't think that the bait was ilegal but should be in my opinion.  The LEO bit but not near as hard as kwik hoped and to me never actually stepped over the line and not nearly as far as kwik's actions were...
This is true by Leonard's own words.

He wanted to be arrested. He knew eventually he would be. He just didn't get there.

When he wasn't carrying his Model 29, he said maybe he could get arrested carrying a PLR-16 or an AK pistol.

When he wasn't arrested dressed in normal street clothes, he said maybe he needed to dress down.

When he couldn't get arrested, he said he hadn't met the right cop yet.

Finally he got his combo right and found the right cops.
And..... so what?

You can't bait the innocent.

If LEOs were doing their job properly, he could "bait" them until the cows come home, and it wouldn't have any result.

Until he aggresses or breaks the law, he is not at fault.

It's really that simple.

You know, if anything more people need to "bait" the cops, so that they might learn to follow the law even when it doesn't thrill them. :quirky
 

RussP

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marshaul wrote:
PT111 wrote:
can't find anyplace where kwik has actually broken any laws but has fully violated the intent of the laws but not the letter of the law.
WTF?

You're serious, aren't you?

So now laws means whatever we think they should mean?
Yes, unfortunately, some people do believe that.
 

RussP

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marshaul wrote:
RussP wrote:
PT111 wrote:
...What kwik was doing was strictly baiting to see if any LWO would bite. When he couldn't get anyone to bite he kept changing the bait until he finally found some that they would bite. I don't think that the bait was ilegal but should be in my opinion. The LEO bit but not near as hard as kwik hoped and to me never actually stepped over the line and not nearly as far as kwik's actions were...
This is true by Leonard's own words.

He wanted to be arrested. He knew eventually he would be. He just didn't get there.

When he wasn't carrying his Model 29, he said maybe he could get arrested carrying a PLR-16 or an AK pistol.

When he wasn't arrested dressed in normal street clothes, he said maybe he needed to dress down.

When he couldn't get arrested, he said he hadn't met the right cop yet.

Finally he got his combo right and found the right cops.
And..... so what?

You can't bait the innocent.

If LEOs were doing their job properly, he could "bait" them until the cows come home, and it wouldn't have any result.

Until he aggresses or breaks the law, he is not at fault.

It's really that simple.

You know, if anything more people need to "bait" the cops, so that they might learn to follow the law even when it doesn't thrill them. :quirky
So you agree then it is perfectly legal and okay for law enforcement to bait citizens who carry firearms, and they should do it more often to weed out the bad carriers who might break the law when challenged.

Okay, that's reasonable if both sides can use the same game plan.
 

marshaul

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RussP wrote:
So you agree then it is perfectly legal and okay for law enforcement to bait citizens who carry firearms, and they should do it more often to weed out the bad carriers who might break the law when challenged.

Okay, that's reasonable if both sides can use the same game plan.
Don't be ridiculous.

The citizenry have an obligation to keep their public servants on their toes and in line.

The police have an obligation to respect the rights of citizens (which generally precludes entrapment).

Police have few rights while on-duty.

Completely different set of circumstances. Stop trying to pretend things need to go both ways.
 

PT111

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marshaul wrote:
PT111 wrote:
can't find anyplace where kwik has actually broken any laws but has fully violated the intent of the laws but not the letter of the law.
WTF?

You're serious, aren't you?

So now laws means whatever we think they should mean?

Yup, did you know that in SC it is ilegal for a plumber to carry a piece of pipe onto a school ground.
SECTION 16-23-430. Carrying weapon on school property; concealed weapons.
(A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death
 

slowfiveoh

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Nothing has changed here. Even if people do not agree with kwik, they are incapable of admitting that their positions are nothing at all if not emotionally derived.

They sit here and tell us that the "universal common sense" has somehow been violated, and that adherence to law is not good enough. Now we must tap dance around what they feel is "common sense", as if their "common sense" were the only regulatory definition for law.

It's vile. It's disgusting.

More than that, it's completely and wholly ignorant.

If you have discontent with a law, learn to press your representatives for change, or grow the pair necessary to challenge the law outright. These are the appropriate vehicles to shuttle your "common sense" on. Willfully violating a citizens rights because what he/she is doing comes across to you as "odd", or "unusual" is a slippery slope, and one that will come back to bite you hard on the ass when someone elses "common sense" trumps yours.

Too uneducated to understand what you imply.
Too ignorant to care about the ramifications.
Too arrogant to admit wrong.


Although I have to admit that my personal favorite is the individual stating that in his opinion Leonard has "mental issues".

Why thank you Web M.D.! Your professional insight and diagnosis having never meant the patient is staggeringly awesome! As awesome as asserting that you can do so over the internet!
 

marshaul

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PT111 wrote:
Yup, did you know that in SC it is ilegal for a plumber to carry a piece of pipe onto a school ground.

SECTION 16-23-430. Carrying weapon on school property; concealed weapons.
(A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death
Now hold on just a New York minute!

We were talking about a positive application of the law, now you bring up a negative one!

I'd be the last person to argue that a person *must* be convicted simply because his behavior meets the letter of a criminal law.

I'd also be the first person to demand that a person NOT be on the receiving end of punitive action by government UNTIL he has met at least the bare minimum standard of having actually broken a law.

This is how it's supposed to work: you cannot convict someone who hasn't broken a law, but you needn't convict everyone who has broken a law.

You're trying to turn that on its head, claiming that the silliness and inapplicability of one law justifies the lawless assault on the rights on privileges of a citizen.

The law is a minimum standard, not a guideline to be followed for presumed "intent".


slowfiveoh wrote:
Nothing has changed here. Even if people do not agree with kwik, they are incapable of admitting that their positions are nothing at all if not emotionally derived.

They sit here and tell us that the "universal common sense" has somehow been violated, and that adherence to law is not good enough. Now we must tap dance around what they feel is "common sense", as if their "common sense" were the only regulatory definition for law.

It's vile. It's disgusting.

More than that, it's completely and wholly ignorant.

If you have discontent with a law, learn to press your representatives for change, or grow the pair necessary to challenge the law outright. These are the appropriate vehicles to shuttle your "common sense" on. Willfully violating a citizens rights because what he/she is doing comes across to you as "odd", or "unusual" is a slippery slope, and one that will come back to bite you hard on the ass when someone elses "common sense" trumps yours.

Too uneducated to understand what you imply.
Too ignorant to care about the ramifications.
Too arrogant to admit wrong.
I'm going to go ahead and give the entirety of the quoted material here the old +100.
 

RussP

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marshaul wrote:
RussP wrote:
So you agree then it is perfectly legal and okay for law enforcement to bait citizens who carry firearms, and they should do it more often to weed out the bad carriers who might break the law when challenged.

Okay, that's reasonable if both sides can use the same game plan.
Don't be ridiculous.

The citizenry have an obligation to keep their public servants on their toes and in line.

The police have an obligation to respect the rights of citizens (which generally precludes entrapment).

Police have few rights while on-duty.

Completely different set of circumstances. Stop trying to pretend things need to go both ways.
I am hardly pretending, and thank you for making my point so very clear.

:cool:
 

RussP

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slowfiveoh wrote:
Nothing has changed here. Even if people do not agree with kwik, they are incapable of admitting that their positions are nothing at all if not emotionally derived.

They sit here and tell us that the "universal common sense" has somehow been violated, and that adherence to law is not good enough. Now we must tap dance around what they feel is "common sense", as if their "common sense" were the only regulatory definition for law.

It's vile. It's disgusting.

More than that, it's completely and wholly ignorant.

If you have discontent with a law, learn to press your representatives for change, or grow the pair necessary to challenge the law outright. These are the appropriate vehicles to shuttle your "common sense" on. Willfully violating a citizens rights because what he/she is doing comes across to you as "odd", or "unusual" is a slippery slope, and one that will come back to bite you hard on the ass when someone elses "common sense" trumps yours.

Too uneducated to understand what you imply.
Too ignorant to care about the ramifications.
Too arrogant to admit wrong.


Although I have to admit that my personal favorite is the individual stating that in his opinion Leonard has "mental issues".

Why thank you Web M.D.! Your professional insight and diagnosis having never meant the patient is staggeringly awesome! As awesome as asserting that you can do so over the internet!
Nope, no emotion in there at all...
 

sn8kbit

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Dangit, now I have a ton to go back through. While I've read the posts, I've got a ton to catch up with. Please allow a bit of leeway so I can get to it all. I may not get to all I can in this one post.

I hate citing Wikipedia, I really do, but this is a wonderful interpretation:

"The Court assessed the reasonableness of the police activity here by comparing it to activity that would ordinarily require a warrant. “... in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion.”"

sn8kbit wrote:
Suspicion cannot have fact. Fact absolves suspicion and becomes proof in one direction or the other. While Terry does not support "gut" feelings or "hunches" as "suspicion", suspicion is based on a totality of circumstances.

One must remember the entire translation of RAS. Honing in on a specific word does the legal interpretation no good whatsoever.

Don't sweat Wikipedia. I've had to reference back fairly quickly myself. Also, you'll have to forgive my misinterpretation of how you meant facts,so long as we agree that facts and circumstances are thesame, then we're singing off the same sheet of music.

Would you allow general levity for law enforcement to utilize RAS ambiguously during their duties?

Would you allow for said levity to trump individual rights?

These are all very, VERY tricky questions.

I wouldn't necessarily as you put it, but the court did this very thing. It established a "lesser" arrest in effort to enable officers to not only react to criminal activity but to detect and prevent criminal activity. While the 4th Amendment protects from unreasonable search and unreasonable seizure, up until this decision there were no grounds for what could be consideredreasonable[/i]. I understand why you see it as such, and again, the dissenting Justice opinion supports you. He clearly stated it gave police judicial discretion, by placing reasonable suspicion before probable cause. Reading your subsequent post, I believe you're confusing the two.

To be blunt, it is exactly what you're concerned about, a "legal loophole" for officers to prevent crime, andas result,protects them from violation of rights. For the very reasons you argue against it, that's what it is. Hang on, I'll add to this in a bit.

sn8kbit wrote:
Take the stop of Terry in itself. They were out on a street (legal), pacing back and forth in front of a building (legal) two met and conversed (legal) and a third approched (legal) spoke (legal) and then ran off (again, legal). Those were the circumstances at the time that created reasonable suspicion on behalf of the detective that Terry's group was about to commit a crime, simply based on his knowledge and experience with the how the group was going about their action causing him to be suspicious. That's it. That's all. None of the group's actions were illegalup tothe point of the stop/frisknor was any fact present that there was illegal activity about to occur. Knowledge in hindsight is not applicable, as it's based on the totality of circumstances leading tothe stop.

You are missing something that is extremely pertinent in regards to Terry. I am hoping you didn't omit it intentionally.

During the observations of the detective, the individuals were seen repeatedly walking up to storefronts, and intently studying them, then retreating to what they thought was their hidden position.

This is seriously different from "simply walking up and down the street".

Also, I offer a challenge:

This is hypothetical, but consider the ramifications.

What if these guys had NO weapons hidden on them? What would have happened in Terry if this had been the case?

What if these individuals were as you state, simply walking up and down the street? Would you then advocate for detaining, and then frisking late night joggers?

I would wager a bet that you would have one devastating civil rights case, that would have resulted in that officer becoming permanently unemployed in his career field.

I didn't leave anything out intentionally. It's a simplification of what they were doing. Could they have been shopping? The officer's experience is what led to his belief that they were "casing" places to rob. The officer's articulated description based on his experience was found to be reasonable, there by justifying the seizure of their persons (stop).

I'll answer your challenge by this, prior to the decision in Terry v. Ohio, you'd be absolutely correct (unless of course, in the suit precedence be set by finding the actions "reasonble"). Now, post Terry, the seizure would be ruled reasonable, and while he may have been sued, the stop or seizure of their persons would still be ruled reasonable, and not in violation of their rights. How could I explain it as such? It's the manner with which SCOTUS evaluated the case, and led to the precedent of Reasonable Articulate Suspicion. First item in review was "Was the seizure reasonable?" The seizure or stop, is a wholly individual act unto itself.

With the understanding that probably cause and reasonable articulate suspicion are two wholly and separate actions, I'll explain by example:

On what basis does an officer stop and request your permit? RAS. Articulable facts:

a) you are seen with a weapon holstered at your side.

b) the officers knows that a permit is required, and that no permit = crime.

The officer then takes action, based on RAS, and "seizes" you and investigates, by requesting your permit and ID. Believe it or not, the officer possessing your ID is termed "custodial arrest", or, you feel compelled to stay with the officer until your ID/permit is returned. It's the simplest example of "lesser arrest" as stated in Terry I can think of.

Now, you have a valid permit, returned your ID/permit, and released due to no probable cause. Now it does not invalidate the RAS, because the "seizure" was an action, and must be deemed reasonable or unreasonable. It was an action, it does not go away, be nullified, or anything else. Under your belief of what RAS is, each and every time an officer checks a validpermit, it's a violation of 4th Ammendment protection from unreasonable seizure. I have a feeling I'll be saying this a ton, but RAS applies to events causing the stop, nothing more. I've said it earlier, Hindsight or events after the stop donot apply.

Make sense? Here's more, and I pulled this from the secondary post you made further on (remember, I'm trying to keep up here! :shock:)

This means that RAS certainly becomes null and void, or otherwise retroactively invalid or deemed not present during the encounter with law enforcement if the encounter is deemed to be egregious in nature, or simply violates individual rights.


Again, RAS is not subject to hindsight. RAS applies to the circumstances (facts) that initiated action on the officer's part. It plays no part during the investigation. The stop or seizure in itself is an important action, again, it's either reasonable or unreasonable, you cannot void it, null it, invalidate it. Take it further, because you acurately defined "articulate" suspicion must also be defined, and it is definined as:

Suspicion is a sn8kbit wrote:

Officer's have RAS to conduct a DUI traffic stop based simply on a couple of weaves by a driver. There is no factin that to justify or warrant RAS, it is based on knowledge of experience in a given set of circumstances to create the suspicion that the person may be driving under the influence. PC would be defined as the officer smelling alcohol upon initial contact with the driver.


Oh but of course is there is factual justification to pull said errant motorist over! If the motorist swerving or otherwise driving in an unsafe manner, were not drunk, the charge of reckless driving would still absolutely apply. In other words, a law has technically already been broken. An officer usually goes for the greater of 2 offenses, or may even decide to lump them together.[/quote]

OK, now we're assuming facts not in evidence! ;) Let me be a bit more clear in my statement. An officer has RAS to conduct a DUI traffic stop soley on the basis of a couple of weaves inside the lane. This is not a generalization, this is fact as I know in TN. Amazingly enough, it's been told to me that in Florida (where I now reside), where they are strict on DUI, and RAS to conduct a traffic stop based on one weave/touch of the line in the lane. Before you say it, I agree, it seems to me unreasonable, and I'm trying to verify that so I'll leave that as an alleged fact. Let me be quite clear: no other mitigating circumstances are required outside of the left to right weave inside the lane of traffic, and reckless driving need not apply here, as the weave was inside the lane, not crossing over.

sn8kbit wrote:
In this thread you yourself are excercising RAS with Leonard with respect to the possibility of a lie regarding the Costco event. Example: based on your knowledge of the tenor of his posts, identification of the number of post counts on that board, similar posts in that nature, you have reasonable articulate suspicion that Leonard is lying, no? Is there fact? Is there proof? No. Is he? Unknown. Still does not disolveyour reasonble suspicionthat he may be, right?

And yet I cannot justify violating his personal rights based on what he did or did not say.

Not asking, simply an example of applying RAS

While that post contains NO incriminating commentary whatsoever, I may "believe"that he posted it, and in the same breath my belief may in fact be completely wrong.

And I would argue you have reasonable articulate suspicion


The fact, as you would dismiss, is that there are cold, hard fingerprints that it may in fact be his post. That is a fact, on which I can articulate.

And if you have fingerprints or more articulate facts, I'd say you have probable cause. Again, two different things.

I thinkyou're taking it out of context, it was an example of application of RAS, not RAS in this specific case. I outlined the RAS in this in the initial post, we're simply discussing it as it applies to every stop by a LEO. See comments in bold for simplicity in this.

sn8kbit wrote:
Yes, it really is that simple. I've had to train employees on it, I've had to testify to it numerous times in court, to include Federal Court.

Please don't take the post as condescending. I have no doubt that you can research it through a reading of the decisions, I'm simply supporting my argument based on how I've personally had to apply it, and from that, instruct.

Researching I have been for sure. :) Outstanding!


My interpretation, irregardless of your experience in court, is that RAS cannot trump Individual Rights, and must be sustainable and articulated on present facts. Not just gut feelings.

If you were to open up the interpretation of "RAS" to be so ambiguous to be interpreted as "A gut feeling", I will show you a late night video full of officers exercising said liberty.

I will call it, "Cops gone wild".

Slow, I agree, it should not so vague. The dissenting opinion in Terry agrees with you. I don't think you're trying to put words into my mouth, but I've also stated RAS is not a "Gut Feeling". However, the articulated facts can indeed, and most often are, circumstancial. The thing is, you are indeed seeing those handful of officers abusing RAS. This board is full of posts in that regard. The youtube video you link in later replyis the opening for your Cops gone wild. Why? RAS for the stop.

Again, there were, has been, and still are concerns at how large the loophole RAS creates. Additionaly, the concerns of "slippery slope" you claim could happen does, because it is exactly as I describe, and causes you concern. You're exactly right, it can be, and sometimes is abused. It is what it is.

It would be unreasonable to expect citizens to:

a: Have express knowledge of all laws for which law enforcement may cite them, while stating "Ignorance is not an excuse, sir/ma'am".

And, believe it or not, RAS by default protects an officer as in this instance, to the identification of the weapon due to the direct and intimate knowledge to the point of the initial stop.

I also find it highly unlikely that they would attempt to cite somebody for a law they did not break, while supposedly attempting to determine whether the firearm was legal or not, by an inquiry to the BATFE.

As I read Leonard's allegations, the citation was being written, he requested a supervisor or magistrate, and upon supervior's arrival the ATF was contacted. My comprehension of Leonard's accounts was that the citation was written first, then the supervisor had the ATF called, not going on at the same time. Remember, after it was confirmed that it was indeed a pistol, Leonard states several officers stated they had no idea there was an AK47 pistol. At the time of the citation, the officers believed they had cause (not RAS, you cannot officially "arrest" on RAS, only "probable cause") that Leonard was in unlawful possesion of a weapon (as a longun/SBR).








sn8kbit wrote:
It would be unreasonable to expect officers to:

a: Have intimate and direct knowledge of each firearm manufactured to date and identify them immediately and correctly on sight and

It would be unreasonable to expect citizens to:

a: Have express knowledge of all laws for which law enforcement may cite them, while stating "Ignorance is not an excuse, sir/ma'am".



sn8kbit wrote:
There are simply too many grey areas in the circumstances of this stop, from the deliberate misdirection through a visual lie to the weapon's true nature, Leonard's contradictory identification of the weapon (truthful, but contradictory to the visual lie), to the officer's reasonable experience with the AK-47 as more often than not, being a rifle. Therefore they had reasonable suspicion to believe that Leonard was commiting the crime of unlawful possession of a weapon. As stated before, we all know after the fact that the weapon is a pistol, and his carry of it is legal, yet it does not absolve, after the fact, initial RAS.
RAS must in the end be substantiated by fact. I believe I have articulated in a finite manner why I believe the stop was illegal.

All of the discussion about "grey area" does not change the applicability of individual inalienable rights, nor does it change the legality or accountability of action on behalf of law enforcement.

You state a visible misdirection by the orange tip, but any surprise or shock or supposed criminal intent goes flying out the window when you realize he told the ranger it was real.

At this point, it could not be construed as anything else.

sn8kbit wrote:
You may agree to disagree, and I'm good with that. But given the set of circumstances, there was more RAS in this stop than in the original Terry v. Ohio stop that set the precidence. I can bet though this is exactly how it will play out, we'll just have to wait I suppose. Either way, I'll shake your hand and buy you a cold one regardless.
We certainly disagree, and I am ok with that as well.

Regarding the Terry comment, you left out some rather extremely pertinent information as to the activities of the "guys walking back and forth" that certainly add facts to substantiate RAS.

Unfortunately, due to massive partying in Germany, I have elected to seriously minimize my alcohol intake. A cold, refreshing Pepsi would be outstanding though!

Have a great day Sn8k!

Good conversation!



More to come, I'm out of time at the moment and have to run a very small business. I'll try to explain further, but the gist in all of this is:

RAS justifies the stop, investigation ensues to establish PC. RAS cannot be changed by facts after the stop. RAS soley applies to actions/facts before the officer initiates stop.
 

sn8kbit

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Dammit! Half my post has come up missing. I'll get back around to it on the next posting.
 
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