POLICE: Troy man arrested after carrying loaded rifle in downtown Birmingham

[Small_Arms_Collector]

Keep me in the loop to if anyone wants to set something up. I would suggest a council meeting, and maybe a march to someplace for lunch, or lunch/dinner than march to the council meeting.

I'll shut up now.

 

[DrTodd]

If "He looks like he could be under 18" is cause for a good stop, how about "he looks like he could be a felon" or "he looks like he could be carrying with unlawful intent?"

Since most people can roughly determine age of a person by observation, I don't think a judge would have a difficult time justifying RAS. The others you mention, though, would seem a bit more difficult to determine. However, if the officer had some logical inference that either of the other two conditions you mentioned were plausible, they too could be used for RAS. People here act as if RAS is a difficult standard; it isn't. With the amount of deference given to police officers by judges, RAS is almost never questioned in a simple stop.

 

[stainless1911]

RAS for age, but what about the other charges?

 

[DrTodd]

To ALL Whom are Concerned:

The Oakland County Prosecutors Office would be Foolish NOT to Follow The Guise of Michigan Public ACT 319 of 1990.

As it Stands, Michigan Law Allows Open Carry by Default.

Case Law under Michigan Penal Code 750.234(e) does NOT Support a Brandishing Violation for Peacefully Openly Carrying a Firearm.

In Fact, Open Carry while a Person goes about His Business a Foot, is The ONLY Way to Avoid a Violation of Michigan Penal Code 750.227.

There Exsists NO Evidence in This Case, based upon Biased Media Reports, to Indicate a Possible Violation of Michigan Penal Code 750.226.

Oakland County Prosecutor Jessica R. Cooper does NOT have a Case in My Opinion, and Odds are, in Light of The Grand Rapids Incident where a Man Openly Carried a Pistol into a School Building to Vote, together with This Incident, The Public and The Media are now made more Aware of it.

In Fact, The Michigan State Police Officer and The Birmingham Police Chief BOTH Confirmed The Legality of His Actions.

aadvark

The liklihood of the prosecutor winning the case is slim, but it could happen. Most likely, the prosecutor is hoping that fighting the charges is cost prohibitive enough for the individual that they plead guilty to some lesser charge. What we need is some way, legally, for those so charged to be able to fight the charges AND recoup costs PLUS an adequate monetary reward for the harassment. Prosecutors would then be leery of pressing charges on the slim chance of getting a favorable ruling.

 

[aadvark]

DrTodd:

That could be Accomplished if The Michigan State Legislature were to Amend ACT 319 of 1990 to Include a Provision for an Aggreived Individual to Recover: Court Costs, Attorneys' Fees, Compensatory Damages, Punitive Damages, and Favorable Injunctive Relief; for a Violation of that ACT.

Look no further than Michigans' Neighbor, Indiana, which Enacted SB 292, as is Codified under Indiana Code IC 35-47-11.1.

A Link to that Chapter of Indiana Law is Viewable here: http://www.in.gov/legislative/ic/2010/title35/ar47/ch11.1.html

In Fact, Several States have such Laws. These States Include: Florida, Virginia, Kentucky, Oklahoma, and Ohio.

aadvark

 

[Haman J.T.]

DrTodd:

That could be Accomplished if The Michigan State Legislature were to Amend ACT 319 of 1990 to Include a Provision for an Aggreived Individual to Recover: Court Costs, Attorneys' Fees, Compensatory Damages, Punitive Damages, and Favorable Injunctive Relief; for a Violation of that ACT.

Look no further than Michigans' Neighbor, Indiana, which Enacted SB 292, as is Codified under Indiana Code IC 35-47-11.1.

A Link to that Chapter of Indiana Law is Viewable here: http://www.in.gov/legislative/ic/2010/title35/ar47/ch11.1.html

In Fact, Several States have such Laws. These States Include: Florida, Virginia, Kentucky, Oklahoma, and Ohio.

aadvark

ABSOLUTELY! They should Pay if they decide to Play unlawfully with our lives and Freedom!

 

[DrTodd]

RAS for age, but what about the other charges?

RAS for one situation does not preclude the officer from citing for something else. Say an officer has RAS for stopping me for speeding and, while talking to me notices something else he/she thinks I've done illegally. There is nothing to stop him or her from warning me for the speeding and yet citing me for the secondary offense.

That being said, it is obvious to me that the other charges are just attempts to add charges to strongly suggest to the individual "plead to a lesser charge or I will bury you in thousands of dollars in legal fees". Unless there are circumstances and behaviors on the part of this person not accurately reported in the article, the prosecutor is charging on very flimsy and, imho, unsustainable accusations. However, I don't have the luxury of the evidence in front of me so my belief may be totally incorrect. Besides, we all know that prosecutors only bring charges against people when those so charged are believed to have actually broken the law (sarcasm).

 

[stainless1911]

That's vaguely familiar fore some odd reason.

 

[DrTodd]

That's vaguely familiar fore some odd reason.

Happens all the time

 

[lil_freak_66]

keep me in the loop for any lgoc event, i know a dozen or 2 that may be interested as well.

 

[stainless1911]

will do

 

[Glock9mmOldStyle]

Hi - did the young in question have his court date yet? If so, did anyone on this forum attend? I would really like to keep track of this case, as it is very troubling to me. False arrest, false imprisionment, illegal search & seizure of private property... some much for constutional rights

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[WCrawford]

Hi - did the young in question have his court date yet? If so, did anyone on this forum attend? I would really like to keep track of this case, as it is very troubling to me. False arrest, false imprisionment, illegal search & seizure of private property... some much for constutional rights

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I second this. I really curious about any information that can be shared. Is the young man free on bond or personal recognizance, or still in a cell?

 

[WilDChilD]

Hi - did the young in question have his court date yet? If so, did anyone on this forum attend? I would really like to keep track of this case, as it is very troubling to me. False arrest, false imprisionment, illegal search & seizure of private property... some much for constutional rights

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I have heard that Shyster from MGO is his lawyer. I dont know when or what he can say but I am sure after its over he will be able to post about it.

 

[Glock9mmOldStyle]

http://troy.patch.com/articles/rifle-carrying-troy-teen-pleads-not-guilty-pre-trial-set-for-may-15

From the story above looks like May 15 is the next date @ 1:30 pm. Can anyone make this?

I cannot believe they (BPD) are pushing forward on these flimsy charges.
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[Bronson]

From the story above looks like May 15 is the next date @ 1:30 pm. Can anyone make this?

Has anybody talked to Shyster about a march/demonstration? I'd hate for the group to find out that they hurt his strategy.

Bronson

 

[Glock9mmOldStyle]

Has anybody talked to Shyster about a march/demonstration? I'd hate for the group to find out that they hurt his strategy.

Bronson

I was not asking for a march or protest/demonstration, rather would anyone be able to observe & report back on the court room events as recording devices are not allowed in the court to the best of my knowledge.

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[Bronson]

I was not asking for a march or protest/demonstration, rather would anyone be able to observe & report back on the court room events as recording devices are not allowed in the court to the best of my knowledge.

Ok, but my question still stands. There has been talk of a march/demonstration and I think it would be wise to run it by Shyster before anything is done that may impact his case.

Bronson

 

[Glock9mmOldStyle]

Ok, but my question still stands. There has been talk of a march/demonstration and I think it would be wise to run it by Shyster before anything is done that may impact his case.

Bronson

I will send the OP his contact info. This is his thread so he should be on point on this one, in my opinion.

Your point is not lost here with me Bronson, but I sure would like to see those responsible for this become uncomfortable with great speed. If Jim says no action I will abide by his wishes....dang it....grrrrowwlll, hissss, snarllllll, OC hulk mad! Want make puny little tin pot dictators squirm........ /humor off now

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[PDinDetroit]

Ok, but my question still stands. There has been talk of a march/demonstration and I think it would be wise to run it by Shyster before anything is done that may impact his case.

Bronson

I sent him a PM about this thread from the first time anyone mentioned a march/demonstration, but never received confirmation one way or the other that he read it. I believe another effort should be made.