Results 21 to 30 of 34
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April 3rd, 2023, 05:42 PM #21
Re: Possession by prohibited person... (almost)
Why is he enforcing Florida law? Does he actually have the authority to stop a vehicle with expired out of state tags? Shouldn't it work the same as inspection stickers?
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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April 3rd, 2023, 05:57 PM #22
Re: Possession by prohibited person... (almost)
Yeah, Ofc. Peachfuzz could have and should have used some discretion, but either way, nice to see a contribution from you, JW. Don't be such a stranger.
"Everyone is entitled to my opinion." - Gman106
"Everyone has a plan till they get punched in the face." - Mike Tyson
"Get the hell out of my way." - John Galt
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April 3rd, 2023, 06:17 PM #23
Re: Possession by prohibited person... (almost)
Yes. Vehicle code says a vehicle driven in PA must be legally registered in PA, or legally registered in another state. So driving in PA with an expired FL reg is a violation of 1301. Good stop for that. Tint becomes a non-issue because it's legal in FL. My issue is with the curious interpretation of constructive possession. If it were a large bag of crack in the center console and the passenger owned up to it, we'd only charge the passenger with possession, not completely ignore the passenger who wrote "property of" on the bag of crack (essentially what is proven by the ROS query) and then charge the driver.
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April 3rd, 2023, 06:40 PM #24
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April 3rd, 2023, 07:02 PM #25Grand Member
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Re: Possession by prohibited person... (almost)
So, JW what do you intend to do about this bad arrest? Are you going to say something to a superior officer, or just let it go?
Aggies Coach Really ??? Take off the tin foil bro.
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April 3rd, 2023, 07:44 PM #26Grand Member
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April 3rd, 2023, 08:32 PM #27
Re: Possession by prohibited person... (almost)
The arrest was authorized by another supervisor of equal rank to me. That supervisor is the direct supervisor of the arresting officer. I work a different squad and supervise my own guys. I believe, technically, the arrest can be made. Ethically and morally, I think it's shitty. It's out of my hands after the fact and I know the report will be reviewed by bigger bosses. They'll probably let it fly.
I think the problem will be when the ADA reviews the case at prelim, and has discussion with the defense. It'll take the DA to say no bueno, and if they do, the defendant has a good case for civil suit.
Best I can do is stay in my lane and handle my crew. I've tried to fight the LE gods before. It doesn't work.
The purpose for the thread was to get 4A opinion on the constructive possession aspect from hopefully other persons knowledgeable in case law. I can see arguments for both sides of the case.
Yes, wasn't his gun. But he was prohibited from possessing and a gun was within inches of him. Does that meet requirements of constructive possession? It does. But, we know someone equidistant from the gun claimed possession. Definitely an arguable situation.
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April 3rd, 2023, 09:39 PM #28
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April 3rd, 2023, 09:53 PM #29Grand Member
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Re: Possession by prohibited person... (almost)
IMO, never should have been charged. I'd cite the Young Prick exception.
Crusader's local #556 South Central Asia chapter
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April 3rd, 2023, 09:55 PM #30
Re: Possession by prohibited person... (almost)
Which initiated the actual stop? The window tint, or the expired tag? Did he run the tag before the stop?
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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