Posted on 05/12/2008 11:58:26 AM PDT by neverdem
After listening carefully to the two policemen, the judge had a problem: He did not believe them.
The officers, who had stopped a man in the Bronx and found a .22-caliber pistol in his fanny pack, testified that they had several reasons to search him: He was loitering, sweating nervously and had a bulge under his jacket.
But the judge, John E. Sprizzo of United States District Court in Manhattan, concluded that the police had simply reached into the pack without cause, found the gun, then “tailored” testimony to justify the illegal search. “You can’t have open season on searches,” said Judge Sprizzo, who refused to allow the gun as evidence, prompting prosecutors to drop the case last May.
Yet for all his disapproval of what the police had done, the judge said he hated to make negative rulings about officers’ credibility. “I don’t like to jeopardize their career and all the rest of it,” he said.
He need not have worried. The Police Department never learned of his criticism, and the officers — like many others whose word has been called into question — faced no disciplinary action or inquiry.
Over the last six years, the police and prosecutors have cooperated in a broad effort that allows convicted felons found with a firearm to be tried in federal court, where sentences are much harsher than in state court. Officials say the initiative has taken hundreds of armed criminals off the street, mostly in the Bronx and Brooklyn, and turned some into informers who have helped solve more serious crimes.
But a closer look at those prosecutions reveals something that has not been trumpeted: more than 20 cases in which judges found police officers’ testimony to be...
--snip--
“In each case,” he added, “the suspect in fact had a gun.”
(Excerpt) Read more at nytimes.com ...
What I wanted to say to the filthy whore was, “I suppose the hundreds of intense “anti-slip and fall” training you’ve had would make it impossible for you to fall. Here I was, less than a year separated from 4 years in the USMC infantry, including a tour of Beirut in 83, and I’m taking crap from this little slut about safe firearms handling!!!!!!!!!!!!!!! And some wonder why I don’t like cops.
Neither do some pigs...
Even in the wake of Terry, the cops still need to articulate a specific pattern of behavior that would reasonably lead them to believe that a crime was afoot.
Terry and his accomplice were observed for several minutes as they cased a store they were preparing to rob. Even a little old lady, watching them, would have known they were planning a crime.
"Looking nervous" and "sweating" doesn't rise to the level to justify a Terry stop-and-frisk - you'd think that they'd make up something better than the story that got smacked down by this judge, but undoubtedly they've gotten away with it for years so didn't bother to make up anything better.
And, speaking of abuse of authority, I just sent this to the editor of our local “news” paper:
Saturday, the day before Mothers’ Day, I witnessed a sight that leaves me yet simmering. I had heard of this happening, but seeing it with my own two eyes got my blood boiling and raised my blood pressure to dangerous heights. I’m talking about the Highway 37 underpass over by Six Flags along Fairgrounds Drive, where there is not a “No Parking” sign to be observed on the west side of the street (there are plenty on the EAST side, though) and yet our very own curvaceous and sparkling meter maid was writing parking tickets for otherwise lawfully parked vehicles.
Has Vallejo REALLY sunk to such despicable levels as to have our overpaid Police Department out doing fund raising in such a vile manner? It’s bad enough that our cops are out stealing cars (or, as they call it, “confiscating”) and doing all manner of other things that, were they done PRIVATELY, would merit serious prison time. In other words, our cops are doing the very things we hired them to PREVENT. And now they are performing what, in my view, is another egregious abuse of authority. WHY? Can someone from the PD please inform me as to where this reprehensible behavior is permitted? Under what statute can someone write a parking ticket when the place one is parked is NOT a no parking zone? And please be specific as to your cite. IF you have one.
If there IS none (as I suspect to be the case), I would LOVE to see the victims of this abuse file a class action suit against the perpetrators, from the meter maid to the City Council. I would also like to see criminal charges filed against the same rat-pack.
(No, I am NOT one who got a ticket. If I were, I would most assuredly have standing to file a suit and/or a criminal complaint myself... AND I WOULD.)
OR the cops are not quite dumb enough to bring illegal searches where no gun was found to the attention of the courts.
If a cop makes an unwarranted search of a felon because his gut tells him the guy has a gun on him, fine. Do it but don’t charge the guy and come to Court where you are going to commit perjury. Grab the felons gun and turn it in as found property. If you want to charge the dude for carrying a weapon, do the search legally.
I will not tolerate a crime committed behind a badge. If you want to use the authority of the badge, do it properly.
The GCA of 68 and other US Laws make it a felon for a convicted felon to possess arms or ammunition. Why waste state time and effort(some states do not consider it a bad thing for a convicted felon to have a roscoe) on a known bad guy when Uncle Sam is waiting to kick him down hard?
God Bless
Why not any felony? If a person is a big-time crook, thief or murderer, you see a social value difference?
I do not.
However, I may be persuaded to the idea of a felon who has served thier full time, paid thier debt to society (however that works?) AND proven themselves reformed (again, how do you do that?), be restored in all aspect of rights....
God Bless
Molon Labe
GCA ‘68, NFA ‘34 and every other abomination like them need to be repealed YESTERDAY and finally declared what they are: a power grab by FedGov designed originally to keep the Prohibition I bureaucraps employed. Such “laws” are anathema to a free society, always and forever. And with the penchant for government to keep CREATING new classes of felons, it would behoove you to keep in mind that YOU are nothing more or less than a felon who hasn’t been prosecuted yet. There are, in fact, THAT MANY criminal laws already on the books and more a’ coming daily, at all levels. So are you REALLY sure you wanna go down the path your post suggests?
The police only prosecuted those cases in which they found a gun. There are propably hundreds of cases where they searched people without cause and found nothing, or if they found something other than a gun, it wasn't brought before this judge.
Thirteenth Amendment. I don't think the Second Amendment was ever meant to apply to slaves.
So you had a lot of points on your liscense and coudn't afford traffic court and insurance any longer. You bought a minivan and moved to Loudoun, VA 5.5 years ago and quit driving like a maniac? :o)
(Sorry. I couldn't resist. Please know I am joking. I lived in Fairfax for a spell and experienced something similiar.)
Yes,I am all for keeping known felons weapons free for legal standing. That way when they pick up a firearm and repeat, we the people have all the tools we need.
Of course I am sensitive to those that are not violent, but how do you figure that one out? How many become careerists? I think the data would suggest that felons usually make a career of it.
Your attitude suggets that you want no laws, no restraint, just a return to the supposed “good old days”? I do agree that we have an an obnoxious sitution ref. our “law-makers”, but hey, get the people to vote for other than entitlements and other such BS.
Like I said, if a felon can otherwise prove that they are NOT a threat by certain means, then okay, I’ll bite.
Every bad guy I have dealt with is a BAD GUY, not a good guy with “a once in a lifetime booboo”.YRMV
I know it seems harsh that a kid running the wrong street can wind up a felon-for-life, but we all get the same chance to figure it out. Many get a close shave and do get it right, but hey, we are talking violent murdering raping house-breaking kidknapping drug dealing etc scum are we not? The fact that some are “white-collar” felons means they should have known better; greed and avarice whether demonstrated at the point of a gun or via smart computer theft is no diffent.
“If you can’t do the time, don’t do the crime” or better yet, “Do unto others as you would have them do unto you” (treat people and yourself with Honor, Dignity, Respect and Integrity).
I aslo havve tremendous issue with the 34 NFA,68 GCA et al. Just not as anti-US government as you are. Sorry.
If it is so bad and the gubmint is so out of control-there are no laws saying you cannot move to a better land, can I recommend..., well come to think of it, nowhere?
God Bless
Molon Labe
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Are you aware that FedGov is trying to disarm many veterans by saying that PTSD is a disqualifying factor in firearms ownership? Are you aware that the “Lautenberg” Amendment (named for the NJ gungrabber) disqualifies one FOREVER from owning a firearm for even a MISDEMEANOR domestic violence conviction or A RESTRAINING ORDER during a divorce? So now we’re down to not even misdemeanors and one is forever banned from owning a firearm. And you’re OK with this? They started with violent felons... now we have those who had maybe a vindictive spouse get a restraining order or a veteran with a PTSD diagnosis, not even CRIMES, get banned. No, it’s ALL got to go because if it doesn’t they’re going to find a way to disarm us ALL. Besides, in a FREE society, the violent felons would not last all that long up against an armed populace, now would they?
The government or entities otherwise have been trying to disarm the American public for a very long time, what’s new?. PTSD is not a disqualifier-an adjudication of mental defect arrived at via due process is (evidence, court, judge, etc). We went through this with the “Veteran’s disarmament” act of last year. The final bill the president signed is not what the Brady bunch wanted, cooler heads won.
Lautenberg is a fiasco. No argument there.
I also agree with statement tht perps would not last long in “free society”, but what about getting there? How many innocents have to get runover in the process? Granted, many get run over now; by the same felons you would see armed,legally? Come come. Again, for the 3rd time, show me a sensible provenance that is workable and I’ll bite (maybe).
My advice-do right all of the time, stay out of trouble (which is our civic duty under the constitution and all law), do unto others as should be done, and always carry a major caliber firearm at home or away from home ( a 40 cal is on my hip as I write this this evening, as usual).
Borrowing trouble is not the way to end it.
I am active in the NRA, recuriting new members, discussing 2A and the issues, I am a junior hi-power coach and range developer, I train civilians in CCW in the state of MO, and I vote. Most importantly, I am a believer in the finished work of Jesus Christ for man’s salvation.
You and I probably are more alike than different,and you are preaching to the preacher ref. firearms/self defense rights. I just will not allow a known perp/scum to legally be armed. Actions, my friend, actions speak louder than words.
God Bless
Molon Labe
You say you’re active in the NRA. That does tend to explain your way of thinking. I’m more in line with the Second Amendment Sisters, JPFO and GOA. The right to own and possess firearms is ABSOLUTE. Period. For everyone. What may properly be restricted (and ONLY on a LOCAL level) is where and when one may properly discharge a weapon in a NON-EMERGENCY situation. That’s it and all. All else is prohibited under the protection GUARANTEED, NOT GRANTED by the Constitution for the United States. That is an absolute position because our RIGHTS are absolute. How hard is that to grasp? Yet year after year the NRA compromises away many if not most aspects of the most VITAL right of all, the linchpin that guarantees we can ourselves protect and defend all our OTHER rights. Our rights which are granted (and revocable) only by our Creator.
Yet I am involved with most of the groups you mention as well. I do not buy the NRA lines 100%, but they are a force in DC. Year after year only the NRA stands and fights, everyone else seem to armchair QB. Lots of advice and criticism but not much action or clout.
Absolute right to self-defense, I agree. Absolute right to pervert a US Constitutional fact, I disagree. You seem to think that no one can forfeit a right after proving they are not capable of proper lawful action. Do you propose that criminals should have an absolute right to be free? Does the Constitution declare that as well?
Believe me I know our God given rights are absolute, I grasp that. I aslo grasp the concept that law breakers need to be punished and prevented from repeating. Does “gun control” do that? Nope. Our liberal system fails. Killers should be killed, rapists should be... killed. Etc. No need to argue about a felon in possession if they are not present with us. Certainly, many felonious crimes do not warrant death, but disarming them is not unreasonable either.
Again, show me a way to vette a post-prison non-violent felon and I’ll bite! Fourth time saying so, no solution from you though, just ranting about absolute rights.
This is my last reply, as I am wasting my poor keyboarding skills.
God Bless
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