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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?
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.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.
"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?
I would say,,,,,Getting out of bed that morning !
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 ?
Yep +1And 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
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.
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.
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?"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?
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.
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.......
Per the article, they had not been granted the privilege of owning firearms in MA.I ask again: What did they do wrong?
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.
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.