M
McX
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knock it off.
knock it off.
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...Leonard, will you be under oath during the hearing, you know, that perjury thing...? Just curious not having been through one.
Wow...get 'em kwick! make em prove their case, waste their money, and make the naysayers look like damn fools!
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.
WTF?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.
This is true by Leonard's own words....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...
And..... so what?PT111 wrote:This is true by Leonard's own words....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...
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.
Yes, unfortunately, some people do believe that.PT111 wrote:
WTF?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.
You're serious, aren't you?
So now laws means whatever we think they should mean?
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.RussP wrote:
And..... so what?PT111 wrote:This is true by Leonard's own words....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...
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.
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
Don't be ridiculous.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.
PT111 wrote:
WTF?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.
You're serious, aren't you?
So now laws means whatever we think they should mean?
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!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
I'm going to go ahead and give the entirety of the quoted material here the old +100.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 am hardly pretending, and thank you for making my point so very clear.RussP wrote:
Don't be ridiculous.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.
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.
Nope, no emotion in there at all...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!
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.
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.
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.
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.
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.
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.
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".
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".
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.
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: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.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.
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:We certainly disagree, and I am ok with that as well.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.
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!