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Salem, MA - Police brutality plan foiled

I forget where I read it, but I believe being in possession of a device capable of receiving police transmissions during the commission of a crime is itself another charge.

Again, no cite. And I'm sure, prior to mobile phones (ultra-portable computers), such a law could easily have been pushed through.
 
sounds like they were going to do a robbery or B&E and had the guns for the crime and the scanner to listen for the call to go out so they knew when to bail.
 
This doesn't look like a good first test case. Bi-polar guy with a unsecured high capacity rifle in his back seat with no trigger lock and a magazine in it?

Didn't mean this to be a test case for our side. I'm wondering if the AGO could use this as their test case. They are unsympathetic defendants that were unlicensed with a possible “Banned” weapon in their possession. Easy to see the AGO saying “See, because of the “loophole” is was easy for these criminals to obtain this “banned” gun. My closing this 18 yo loophole will help insure that this sort of thing doesn't happen in the future.”

Plus, you get the added bonus of adding on-the-fence LEO types because they will spin it to include that this was for their protection and also for the children.
 
Didn't mean this to be a test case for our side. I'm wondering if the AGO could use this as their test case. They are unsympathetic defendants that were unlicensed with a possible “Banned” weapon in their possession. Easy to see the AGO saying “See, because of the “loophole” is was easy for these criminals to obtain this “banned” gun. My closing this 18 yo loophole will help insure that this sort of thing doesn't happen in the future.” Plus, you get the added bonus of adding on-the-fence LEO types because they will spin it to include that this was for their protection and also for the children.
Would have to be a MA neutered rifle purchased by soneone from NES(LTC holder) then illegally transferred for it to be a real test case.
 
"Just before 4am ,The passenger was seen on a porch on his cell phone , nervously looking around " .
I don't think they were coming home from the range !
"Car went down one way street the wrong way ".
I guess you should be pulled over for that .
"Loaded handgun at drivers feet , S&W MP 15 with 3 HI Caps loaded in back seat "
Neither had a license !
"When asked if there were weapons in the car Mendoza replied no " .
Both guns were clearly visible .
"Klonapin was found in the console ".
Neither had a prescription for this .
I watched the arraignment on TV and I am glad the police have these two in custody . I live the next city over and this is a known drug area . You do not venture there at night without a damn good reason !
Tom C
 
"Just before 4am ,The passenger was seen on a porch on his cell phone , nervously looking around " .
I don't think they were coming home from the range !
"Car went down one way street the wrong way ".
I guess you should be pulled over for that .
"Loaded handgun at drivers feet , S&W MP 15 with 3 HI Caps loaded in back seat "
Neither had a license !
"When asked if there were weapons in the car Mendoza replied no " .
Both guns were clearly visible .
"Klonapin was found in the console ".
Neither had a prescription for this .
I watched the arraignment on TV and I am glad the police have these two in custody . I live the next city over and this is a known drug area . You do not venture there at night without a damn good reason !
Tom C


I ask again: What did they do wrong?
 
Really, did you read the report of what happened ? Did you see the live coverage on TV ? How would you like it if you were coming down that street the RIGHT way and ran into them ? Would you ask the same thing ?
 
Really, did you read the report of what happened ? Did you see the live coverage on TV ? How would you like it if you were coming down that street the RIGHT way and ran into them ? Would you ask the same thing ?


Your logic is barely skimming the surface of this argument. You think people should be searched & locked up because they took a wrong turn? What if you were headed to the range and took a wrong turn, were pulled over, searched for "probable drug use" (you WERE going the wrong way so you must forfeit all of your rights), guns were found, and you were sent to the ass rape motel. Because guns. Mmmkay.

The primary basis for your condemnation was their presence in a bad neighborhood and what exactly?
 
Well I can see where YOU are coming from , ......even with multiple laws broken , Visible loaded firearms , erratic behavior , these two Alter Boys should have been escorted down the street politely and given directions to the local church and told to gave a nice day . You should have them over for tea and crumpets and introduce your wife and kids to these solid citizens . Talk to the about your views .
I guess with me , If it walks like a duck , Quacks like a duck , And shits like a duck , Its a duck !
Tom C
 
I give up: Continue with your broken window theory arresting the entire population for driving the wrong way on a one way street. Really that's the only thing these guys did wrong yet you fail to fathom even an ounce of the logic required to get past that.

Arrest all of the ducks and lock them away: That will solve the problem! ****ing genius.
 
And BTW , if I was pulled over coming from the Range , All my guns would be locked in my Range bag empty except for my carry piece . I have a gun license and I wouldn't have drugs on me . Funny though , I would have a scanner with 3 local PD depts. frequencies I tow for and the Fire Dept. I work for . I would stay in the car and do what I was told and I would be on my way with maybe a ticket for a traffic infraction . I doubt I would end up in the "Hotel" you describe .
Tom C
 
And BTW , if I was pulled over coming from the Range , All my guns would be locked in my Range bag empty except for my carry piece . I have a gun license and I wouldn't have drugs on me . Funny though , I would have a scanner with 3 local PD depts. frequencies I tow for and the Fire Dept. I work for . I would stay in the car and do what I was told and I would be on my way with maybe a ticket for a traffic infraction . I doubt I would end up in the "Hotel" you describe .
Tom C
Yep +1

The good thing about most criminals, they do stupid stuff and get caught doing it. One thing leads to another, and another, and another. Not sure how BB is not seeing this.

1) Cop see's vehicle going wrong way up one way.
2) Pulls vehicle over
3) Walks up to car, see's gun in backseat and gun on floorboard of passenger side.
4) Asks for LTC, none presented.
5) Proceed directly to jail.

Occam's Razor.
 
Yep +1

The good thing about most criminals, they do stupid stuff and get caught doing it. One thing leads to another, and another, and another. Not sure how BB is not seeing this.

1) Cop see's vehicle going wrong way up one way.
2) Pulls vehicle over
3) Walks up to car, see's gun in backseat and gun on floorboard of passenger side.
4) Asks for LTC, none presented.
5) Proceed directly to jail.

Occam's Razor.
Thank You ,,,,, A voice of reason !!!
 
Yep +1

The good thing about most criminals, they do stupid stuff and get caught doing it. One thing leads to another, and another, and another. Not sure how BB is not seeing this.

Very true. Only a small number are intelligent, savvy criminals, such as Al Capone, Ted Bundy, <cough>Hillary Clinton...
 
Here's a starting point:

How do the police and the DA come to the conclusion that these guys were a threat to the police when they got out of their car without their guns?
 
Here's a starting point:

How do the police and the DA come to the conclusion that these guys were a threat to the police when they got out of their car without their guns?
Maybe because one of them when getting cuffed was saying "I'm gonna kill you pig, that's what we woulda' done if you hadn't nabbed us first?"

Just saying......And here's another charge.......
 
I believe that you must be committed to an in patient facility for a minimum of ten days to trigger the NICS flag but I could be misremembering.

COMMITTED TO A MENTAL INSTITUTION - This term means a formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term also includes a commitment for mental defectiveness or mental illness, and commitments for other reasons such as for drug use. The term does not include a person in a mental institution for observation or any voluntary admission to a mental institution. continues at ... https://www.gunowners.org/ne0703.htm
 
Maybe because one of them when getting cuffed was saying "I'm gonna kill you pig, that's what we woulda' done if you hadn't nabbed us first?"

Just saying......And here's another charge.......

I hadn't read where they said that.

Let me put it another way. If you were going to kill a cop would you get out of your car and leave your guns behind?
 
I infer from this that they used "suspected drug activity" as probably cause to search the vehicle. The journalist must have forgotten to mention the drugs that were found during the search.

IANAL so I could very well be way off base, but if happened the way the article said, these guys will be free to go because of an illegal search.

Pull up the thread about the recent USSC decision. There is no such thing as an illegal search any more. Even if an officer misapplies a law that they didn't understand in the first place. No I'm not kidding.

https://www.techdirt.com/articles/2...another-way-to-salvage-illegal-searches.shtml

The evidence obtained should have been suppressed because the officer had no reason to stop Strieff and demand his ID. The state of Utah has already conceded this was an illegal stop. But it has appealed it all the way to the nation's top court because it wants the fruits of the illegal search to remain unsuppressed and, more importantly, the government wants the precedent. It got it.

The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights. Do not be soothed by the opinion’s technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant.
 
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