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Discussion in 'Off-Topic' started by s4mt3k, Jun 6, 2019.
Milford Man Threatened To Kill Neighbor's Dog: Police
Say goodbye to the contents of that grey case and hello to PP status...
Is there a .45 with 5 round mags?
No, but there are .45 mags with 5 rounds.
Possible that the rounds were not all matching. Possible that the .45 pistol was a Hi-Point. Possible that the brandisher may have illegally owned the pistol. Who knows? Obviously the guy is not a respectable citizen.
When it’s time to shoot, shoot.
Could be a Kimber?
Idiot in the first place; idiot in the second place keeping the gun in his truck after the incident.
so much fail
He probably didnt keep his mouth shut either
I grew up in Milford. Spent my life there from the age or 2 through 31. So glad I no longer call that town home for too many reasons to mention here. I hope one day to be able to say the same thing about this god awful state.
1. Reading news articles drives me crazy. The writing sucks and there are never any details.
2. You never see this crap with cat owners. Maybe because the cat is a**h*** enough for itself and the owner. Solution is to ban dogs.
No mention of a gun, just a grey case...hmmmm. Still an idiot
When officers got to the home, Gomes was doing yard work and they approached him at gun point and arrested him. They searched his car and found the grey case the neighbor mentioned and inside was a .45 pistol and a magazine with five rounds of ammunition.
I wonder if they got consent? Since there was no imminent danger, absent consent it would generally be proper procedure to secure the vehicle while they obtained a warrant.
Now, imagine if they found a gray case containing a cellphone and the subject just STFU.
Yes, I know that much. The neighbor never saw a gun, just the grey case.
It had to be a "Milford Man" .... (Howie Carr Reference).
So this dumb-ass's dog was unleashed and charged towards a guy walking his dog past the dumb-ass's house, then dumb-ass goes into his house to retrieve a gun. On what planet did he think his actions would be justifiable?
The guy walking by only saw a grey case. Where did gun get talked about.
Yeah hizer? Makes it. Stupid looking little thing
Kahr cm45 maybe too
I was only wondering if that's what he could have or another person with a half full mag.
When the cops pulled the gray case out of his truck. Then arresting him on—-Assault with a deadly—-even though a gun was never displayed or mentioned.
IANAL but I can't see any reason for why the cops need a warrant or consent. Maybe they did get a warrant because cops can get a warrant from an on-call judge within minutes but the article lacks sufficient details.
The guy was in his yard and there was a violent threat (not getting into whether or not all the elements of the charge of threatening statements would be satisfied). The guy's mouth created reasonable suspicion for him to be searched for weapons. A Terry-pat would be 100% kosher here.
The existence of the grey case eliminates the need for a warrant to search the car. The case created probable cause attached to the car. Acevedo and Gant allow two situations to search a car without a warrant: the cops have probable cause that evidence of a crime or contraband is in the car (applicable here) or if the driver is free to move about and near the car.
California v. Acevedo - Wikipedia
Arizona v. Gant - Wikipedia
This case is also factually different from Collins v. VA because in Collins, the cops chased a motorcycle two months before, searched Facebook pictures, then trespassed onto the property without a warrant to check the motorcycle's VIN and appearance, then coming back to make the arrest. Here, there's more exigency and the owner was outside and no gap in the timeline.
Collins v. Virginia - Wikipedia
That all being said, something like 60% to 80% of people consent to searches:
Again IANAL, I just have nothing better to do on a Friday night.
Did I miss a part of the article where he assaulted someone with a deadly weapon?
That's an arsenal!
Whenever someone shows a gun in a confrontation, or even hints they have one, the police usually aren't far behind. Even if the person who caused the legal dun carrier to feel threatened is a multiple felon, with assault charges pending from another case, that person can say "I felt threatened" and it is YOU who will be arrested. Yes, I am familiar with this exact scenario happening.
Typically the hapless gun owner who made the decision not to call it in is approached by the police and is still carrying the gun (s)he was reported to have, or the gun is in the specified location (like a gray box), giving much additional credibility to the allegation.
Now, imagine if the person reported for displaying a gun, or a gun box, immediately moved it to MA compliant safe storage upon returning home then behaved in a polite and cooperative manner, but did not grant any search consents or make any statement other than "I am invoking my right not to speak without counsel present" (read "You have the right to remain innocent" to see why this can be better than simply stating you are STFUing). So now, the police will be able to find a gun in the person's house, lawfully stored, and will be faced with the burden of proof that a gun was displayed or, in the case case, even present. Remember, you can't be charged with "misleading the police" if you don't speak, and it would a stretch to call storing your gun in the safe "tampering with evidence". Unless you said something stupid.
For some on NES, even a description of the gun will not bolster the case. If someone said "he had a small black revolver", "large silver revolver", "a Walking Dead revolver', "small Glock", "large Glock", etc. many of us could respond with "It doesn't matter what he described, I have a gun matching just about every description". Of course, if he said you were carrying a 380 this might not apply .
It probably hinges of in the case was polycarbonate or polyethelyne.
Critical bonus points if the alleged box is nowhere to be found.
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