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Old 09-27-2010, 08:11 PM   #31
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Regardless as to whether he sounded over the top about the rally and amount of ammo, he broke no law ! The officer in question has violated his rights and broken the law as well. The only two organizations that would step in to help would be the USCCA, and the NRA. The NRA would be your best bet in fact,
write a letter to Ted Nugent and I bet He and the NRA will start a rally and petition a lawsuit against that dept. responsible !

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Old 09-27-2010, 08:13 PM   #32
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Originally Posted by orangello View Post
I agree that he probably should've been a bit more concise and to-the-point on where he had been. I also agree that 1100 rounds is a lot of ammo to be carrying around; i would only have that on me on the way home from a gunshow or while in the process of moving to a new home. Of course, we don't really know how much of that TMI was in response to officer questions.

I agree...coming home from a gun show with that amount of an ammo purchase, or moving to a new location...good reasons to have this on you...or more. OR, if we were truly in serious SHTF scenario...really serious.

For the reasons he gave, and the picture he painted in the mind of the officer...not a good reason.

And again...just because an officer asks you a question, does not mean you must answer it. You have a legal right to silence and not incriminating yourself through the 5th Amendment. Once you start the flow of information, you have waived that right.

He should have limited his discussion to 3 or 4 main areas :

Why have you stopped me?

Am I being detained? If so, why?

Am I under arrest? If not, then may we go?

No? Go back to number two and repeat...are we being detained, and why....

Asking to conduct a search for contraband. Myself, I would not consent to any searches...he should show probable cause and get a warrant. In this case, first asked question of carrying drugs and weapons. Tough one...you are not obligated to answer...if you know you have no drugs and have a weapon, well you can state that, but still not consent to searches. You might be asked for the officer to temorarily hold the guns while stopped, for his personal safety concern, as sometimes happens with CCW holders. This could be OK, but I still would not consent to searches.

In his case, the officer used his dog and lied about the dog ID'ing drugs...like I said, "probable cause" is almost a joke as officers are trained to lie to get around that. And this is law we are supposed to respect?


It is not easy to do, and cops will intimidate to answer their questions, but EVERYTHING they are engaging questioning in WILL be used AGAINST you. That being said, during the process it is important to always be respectful and polite.

The 1100 rounds of ammo...I guess I would have simply stated that I was committing no crime by having that in transport and left it at that...all of the rhetoric about trouble at the rally and SHTF scenarios...don't go there.

Might you still be taken in, or charged with something...perhaps, but there will be less on spoken record to use against you, and less for your attorney to untangle and defend against later.

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Swampbilly
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Old 09-27-2010, 09:47 PM   #33
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Quote:
Originally Posted by FreedomFighter69 View Post
Regardless as to whether he sounded over the top about the rally and amount of ammo, he broke no law ! The officer in question has violated his rights and broken the law as well. The only two organizations that would step in to help would be the USCCA, and the NRA. The NRA would be your best bet in fact,
write a letter to Ted Nugent and I bet He and the NRA will start a rally and petition a lawsuit against that dept. responsible !
Really? The NRA? Since when did the NRA give a damn about the Second Amendment?

The ACLU has never defended a 2A case to my knowledge. I'd welcome someone showing me that they have.

Defending one's self in this case costs money. Prosecuting a law suit against the cops will cost a boatload MORE money. Some people can afford to do this but many people can't. Wouldn't it be swell if there were some internal organization that reviews LEOs' actions and reprimands/suspends/fires clowns who do this kind of crap? It's like asking the fox to guard the henhouse.
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Old 09-27-2010, 10:00 PM   #34
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Defending one's self in this case costs money. Prosecuting a law suit against the cops will cost a boatload MORE money. Some people can afford to do this but many people can't. Wouldn't it be swell if there were some internal organization that reviews LEOs' actions and reprimands/suspends/fires clowns who do this kind of crap? It's like asking the fox to guard the henhouse.
I agree, and sadly the "justice" system rolls the dice and hopes you cannot afford it...then they get to keep the guy's guns, sell them later, and reap property forfeiture profits for the department - theft and extortion straight up.

Especially in an incident in another State, it makes it difficult to get the time off from an employer to pursue the case, especially if they ask for particulars on the case. It could add insult to injury for an employer to then unfairly judge you and jeopardize employment because of this. Rest assured, all of this is realized by "the system" and the gamble is you will not fight it and they succeed with their extortion.

As far as this comment :

Quote:
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Really? The NRA? Since when did the NRA give a damn about the Second Amendment?
Let me guess...you're a Gun Owners of America member ?


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Old 09-27-2010, 10:15 PM   #35
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Really? The NRA? Since when did the NRA give a damn about the Second Amendment?
???????? That is about all they care about. Or am I missing something?
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Old 09-28-2010, 12:56 AM   #36
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I think I would use the same attorney to file a civil suit directly against the offending officer just to make him jump through some hoops and spend some money. I know it wouldn't go anywhere but so what...then he will know how it feels.

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Old 09-28-2010, 11:07 AM   #37
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Actually, I'm an NRA member but I won't be renewing. GOA suits me fine, yes.

The NRA is a political organization that has capitulated way too many times on 2A issues to pass itself off as a principled supporter and guardian of 2A. Its endorsement of Markey over Gardner is just a recent example.

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