Pennsylvania Firearm Owners Association
Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2013
    Location
    Oakland Mills, Pennsylvania
    (Juniata County)
    Posts
    3,312
    Rep Power
    21474846

    Default 5th Amendment? No warrant to enter home. Constitution does apply to FL red flag law

    The Jim Crow South strikes again.

    This man is so dangerous it isn't worth arresting him, detaining him until trial, or giving him a speedy trial for the crime he allegedly committed that tripped the red flag law.

    Because he was not willing to surrender his guns due to a CIVIL ACTION, he was convicted of refusing. There was time to find a judge and jury for that. He had the gall to believe police couldn't SEARCH HIS HOME WITHOUT A WARRANT.


    jim crow.jpg

    https://www.sun-sentinel.com/news/cr...psy-story.html




    First person to be convicted under Florida’s 'Red Flag’ firearms law faces up to 5 years in prison

    A Deerfield Beach man who was the first in Florida to be charged with defying the state’s “Red Flag” law has been found guilty and is now facing a maximum prison term of five years.

    Broward Circuit Judge Ernest Kollra ordered a pre-sentencing investigation for Jerron Smith, 33, who was accused in March 2018 of failing to allow law enforcement officials to confiscate his weapons under the new state law, which was designed to take firearms away from those deemed most likely to use them to commit crimes.

    The so-called “red flag” law was passed in the wake of the mass shooting at Marjory Stoneman Douglas High School in Parkland, one of the few gun reform laws that Democrats and Republicans could agree on in the Florida legislature. Under the law, police agencies are required to establish that a person is at high risk of using a firearm to commit a crime.

    Smith was arrested in 2018, accused of shooting at a car driven by a friend with whom he was having an argument over a borrowed cellphone. The victim, Travis Jackson, was shaken but unhurt.

    But deputies seized on the opportunity to obtain a “risk protection order” under the newly minted law. When they arrived at Smith’s Deerfield Beach home, the defendant did not fully understand how far his rights extended, or more significantly, how far they did not.

    “He never had an opportunity to understand what was going on,” said defense lawyer Jim Lewis, who represented Smith at trial this week. “He thought he had a right to have an attorney present before the order was executed.”

    He didn’t. Risk protection orders are civil actions, but defying them is a criminal act. Under the law, police need to convince a judge that removing weapons from the defendant is warranted. Once the judge makes that determination, the defendant must either surrender the weapons or place them in the care of an independent person who can possess the weapons legally; that person would have to vow to keep the weapons from the defendant.




    Smith told a Broward jury he was unaware of those requirements when deputies came to his door. He repeatedly invoked his Fifth Amendment right against self-incrimination, evidently believing police could not search his home without a warrant or his consent.

    Police evidently do not have a right to test seized weapons to determine whether they were used in other crimes — that would require a separate warrant, Lewis said.

    Florida is one of 15 states with so-called Red Flag laws, but South Florida actually lags the rest of the state in invoking the statute, according to state statistics for the first half of 2019. On a per capita basis, Broward ranks 13th statewide, Miami-Dade 39th and Palm Beach County 44th.

    Prosecutor Diana Chiorean said Smith was well aware of his rights and responsibilities under the law because the deputies who confronted him instructed him clearly — the encounter was recorded on body cam and played back for the jury. The deputies told Smith he was required to surrender his weapons and that his attorney could challenge the order at a later hearing.

    “He volunteered the fact that he had a concealed weapons permit,” said Chiorean, which helped demonstrate that he knew his rights and was not confusing his rights as a criminal defendant with his rights under the civil law.

    The jury agreed with the prosecutor, returning a guilty verdict in less than an hour.

    Kollra ordered a pre-sentencing investigation to be completed within a month. An exact sentencing date has not been set, and Smith is still awaiting trial on the attempted murder charge that instigated his legal troubles.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  2. #2
    Join Date
    Feb 2013
    Location
    Ercildoun, Pennsylvania
    (Chester County)
    Posts
    3,929
    Rep Power
    21474846

    Default Re: 5th Amendment? No warrant to enter home. Constitution does apply to FL red flag l

    Why bother with the facade that a Constitution is actually relevant? Clearly Red Flag Laws and Civil forfeiture laws are blatantly Unconstitutional but why does that matter now?
    The path that leads to truth is littered with the bodies of the ignorant

  3. #3
    Join Date
    Mar 2008
    Location
    Sterling, Pennsylvania
    (Wayne County)
    Posts
    5,191
    Rep Power
    21474853

    Default Re: 5th Amendment? No warrant to enter home. Constitution does apply to FL red flag l

    When does the first case of this BS reach the SCOTUS?????
    Last edited by Qtrborecrazy; December 9th, 2019 at 07:01 AM.

  4. #4
    Join Date
    Nov 2017
    Location
    East Stroudsburg, Pennsylvania
    (Monroe County)
    Posts
    792
    Rep Power
    21474839

    Question Re: 5th Amendment? No warrant to enter home. Constitution does apply to FL red flag l

    Quote Originally Posted by Qtrborecrazy View Post
    When does the first case of this BS reach the SCOTUS?????
    Apparently Never !

    [ATTACH=CONFIG]124604[/img]
    Attached Images Attached Images

  5. #5
    Join Date
    Feb 2007
    Location
    next to my neighbor, Pennsylvania
    Posts
    10,115
    Rep Power
    21474859

    Default Re: 5th Amendment? No warrant to enter home. Constitution does apply to FL red flag l

    He wont be the only one.

  6. #6
    Join Date
    Sep 2015
    Location
    zelienople, Pennsylvania
    (Beaver County)
    Posts
    859
    Rep Power
    21474841

    Default Re: 5th Amendment? No warrant to enter home. Constitution does apply to FL red flag l

    The word Constitution is useful, to politicians when they make speeches or hold hearings, They get all righteous and say words like Constitution and Oath of Office. Like magic words that invoke spells.

  7. #7
    Join Date
    Jan 2009
    Location
    Newport, Pennsylvania
    (Perry County)
    Age
    54
    Posts
    4,949
    Rep Power
    21474852

    Default Re: 5th Amendment? No warrant to enter home. Constitution does apply to FL red flag l

    This still makes no sense. You have an attempted murder. You get a warrant of arrest and search warrant for the firearm/s. A bail restriction would prohibit him from possession of weapons while awaiting trial. The only thing I can think of is that the victim is refusing to cooperate. Knowing the attempted murder case is going to crumble, they used the information they had to confiscate his firearms.
    "A man who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself"

    "He created the game, played the game, and lost the game.... All under his own terms, by his own doing." JW34

    "Tolerance is the lube that helps slip the dildo of dysfunction into the ass of a civilized society." Plato

  8. #8
    Join Date
    Jan 2013
    Location
    Richboro, Pennsylvania
    (Bucks County)
    Posts
    1,884
    Rep Power
    21474845

    Default Re: 5th Amendment? No warrant to enter home. Constitution does apply to FL red flag l

    Quote Originally Posted by unclejumbo View Post
    This still makes no sense. You have an attempted murder. You get a warrant of arrest and search warrant for the firearm/s. A bail restriction would prohibit him from possession of weapons while awaiting trial. The only thing I can think of is that the victim is refusing to cooperate. Knowing the attempted murder case is going to crumble, they used the information they had to confiscate his firearms.
    It makes less sense than that......Although they make this seem like major groundbreaking new news. This guy is a scumbag that has been in jail since April 2018. If my reading comprehension is OK it appears on March 29 2018 he was arrested for shooting at his friend and for some reason he was originally released on a $3000 bond. This was probably because his friend was a scumbag too and wouln't cooperate. The police even took the Glock he (allegedly) used. Eleven days later on April 10 2018 they arrested him for the misdemeanor "red flag" violation with the $100,000 bail. And that is what they used to keep him in jail till the murder trial. It just happens the "red flag" charge made it thru the courts first. He is still up for murder.

    I don't like the idea of red flag laws either but you can't say law abiding civilians are getting screwed and reference this scumbag as an example.

    https://www.foxnews.com/us/new-flori...tempted-murder

    It appears he is a mental case too. They tried to get his bail lowered on July 2018 because he changed his Meds and is "OK" now.

    https://www.local10.com/news/2018/07...eat-to-public/
    Last edited by Delkal; December 10th, 2019 at 12:10 AM.

Similar Threads

  1. Constitution doesn't apply here.
    By hartwell11b in forum Concealed & Open Carry
    Replies: 19
    Last Post: July 22nd, 2010, 08:10 PM
  2. Several Armed robbers enter home in ephrata.
    By The Unknown 1087 in forum General
    Replies: 0
    Last Post: April 17th, 2009, 12:05 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops