Posted on 02/24/2013 10:47:59 AM PST by Nachum
Guest Post by Mara Zebest
A video posted at the end of 2012 (a couple of months back) is gaining some steam now due to the current gun debate. A Facebook posting offers the following overview:
You will LOVE this video! Share it if you want MORE people (including policemen) to understand this!
Watch what happens when a policeman illegally stops a law student for carrying a gun
and the law student schools him on how hes broken the law.
(Excerpt) Read more at thegatewaypundit.com ...
DeBerry v. US. I MUST remember that one.
http://caselaw.findlaw.com/us-7th-circuit/1027378.html
JoMa
Brave guy. He could easily have ended up tasered, cuffed, beaten, hogtied, thrown in the back of the patrol car, or even dead. I’m grateful for people of more courage than I.
Thanks for the ping.
That would certainly be the case here in New Jersey. Here, for the most part, not all mind you, not all cops are bad ,but for the most part cops in New Jersey are little more than thugs with a badge. And God help you if you’re stopped by the NJ State Police. Even if you’re ‘’free, white and over 21’’you’re in a world of sh!t if they decide they don’t like how you look and sound.
Police can try a consensual conversation...perfectly justified in doing so. Hopefully the carrying party understands the dynamics in play and not be a di@@ about it. If the carryer insists on leaving, without any reasonable suspicion, police must let them walk.
Ah, so his correctness/incorrectness or guilt/innocence is determined by tons of voice?
There are people who will dismiss your argument if you are enthusiastic/excited, as if any emotion invalidates your position... and there are those who will dismiss the "calm cool"/dispassionate tone as being uninvolved/detached.
Obviously there is no way that one can disagree in a legitimate fashion.
Good thing the student wasn’t walking a dog.
The most instructive point here is that the officer repeatedly dodged the question of whether simply carrying a gun was illegal. He literally had a “papers, please” mentality.
Openly or concealed - it doesn’t matter.
It still involves the same Constitutional Right.
Different states intrepid those right somewhat differently but when it comes right down to it - to hell with the difference in definitions - it is the right to protect yourself that is paramount. I will always defy any governmental law when it come to self preservation.
Or obstruction. Then comes “Calm down” and then “Stop resisting”. They simply paint you into a corner you can’t get out of.
You are right, but even lawyers and judges need to look up laws that are cited in court. Expecting a cop to know all laws might be expecting too much. That said both parties seemed to handle the situation well. Once the cop figured out this young man could site case law and his supervisor showed up things went well. I don’t know where the balance lies with cops and armed civilians but this was a good example of knowing what to say, steroid pumped cop aside. Thank goodness for the young man.
Very good on the law. Could have been more polite and professional towards the officer even if he did set it up. Tone of voice not quite right indicating hostility. Should have given first name and been nice and then stated the facts. Overall...good demonstration of the law.
However, not good to carry any handgun openly anywhere especially in this day and time unless one is an officer. Just not wise.
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Slide on over to DU where you belong. You are so full of your ignorant self; lecturing on how this guy should not exercise his rights. Rights not exercised are rights lost.
Good primer on how to deal with a stop like that. Bookmarked.
BOTH of these overly abused charges should be erased from the books across the board.
You forgot the ever popular "creating a public nuisance". An oldie but a goodie!
Regards,
GtG
Happened in portland maine.
I couldn’t disagree with you more on every point. We will not retain our rights by tip-toeing around them. He was as polite as the situation called for, showed no hostility and there is no “conversation on a person to person basis” happening when an officer of the law stops you in the course of his duties and disarms you. Everything you do and say and everything the officer does and says is strictly a legal matter.
Thanks for posting the link. Bookmarked.
“Most cops are ignorant of the law,”
Further, due to most of the population being ignorant of the law, Big Brother’s Thugs overstep their bounds purposefully because they know of the ignorance of the public.
This fool knew the law. He just happened to pick on someone who knew the law, too.
No, no, no. The Office must establish the valid reason for the stop.
After this, it degenerated into name-calling. A lot of accusations are flying about how folks here border on despotic. I've been here for MANY years and have never been told to go to DU. I have no other response other than to say, "Make me."
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