bamawriter
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What about the stolen gun? Yeah, let's just forget about all that. LOL
RS 14:69.1...
...(2) It shall be an affirmative defense to a prosecution for a violation of this Section that the offender had no knowledge that the firearm was the subject of any form of misappropriation.
That charge was likely to get tossed anyway. There was never any indication that Cam stole the gun. If there had been, he'd have been charged with theft sometime in the past month.
Louisiana law has a carve out for situations where the individual conducted what he thought to be a legal purchase:
I'm assuming it was his gun, though that has not been confirmed.
Forget competition.
I'm happy for the kid.
He didn't deserve to have his entire life messed up by one mistake.
You're no longer even able to keep up with your own conspiracy theory.
Drugs and a stolen gun in a car were the facts, and you're defending the guys? I mean I get homerism, but you're going really far even for a Bammer. The fact they weren't charged is ridiculous and any past happenings in Knoxville don't change that.
A lack of probable cause is also a fact. Do you not give a crap about the 4th Amendment? I mean, I get bias against rivals, but that's pretty low. The fact that they weren't charged affects absolutely no one since it was a victimless crime.
You're just ignoring the probable cause. Smell of weed(drugs), Gun on lap. There it is. Twist it any way you want, that search was justified. Finding the drugs and stolen gun was due to a legal search. Spin, Spin, Spin.
You're just ignoring the probable cause. Smell of weed(drugs), Gun on lap. There it is. Twist it any way you want, that search was justified. Finding the drugs and stolen gun was due to a legal search. Spin, Spin, Spin.
The gun on the lap is irrelevant, as the gun was legal, and was placed there for the sake of making it known to the officer.
So, the probable cause hinges on the "strong odor of marijuana". Again, the only weed that was found was half a gram, in a bag. You could be in a broom closet with that much weed and barely smell it. Neither of the backup up officers reported smelling any weed in their affidavits, and all 4 passengers reported that the initial officer made them get out of the car upon being notified of the gun in Hootie's lap.
So, you've got 1 cop's word against 4 suspects who said the something different, and 2 other cops who didn't back him up.
Arresting cop has a couple of other serious deficiencies in his arrest. He cuffed all four men, but let the two non-players go. This is despite the fact that he was trying to build a case for constructive possession, and releasing 50% of the possible possessors is all kinds of dumb. Second, in his incident report, the arresting officer says that the bag of weed was in plain view before he initiated the search. But in his affidavit, he said that he discovered the bag upon Robinson exiting the vehicle. Third, and perhaps most importantly, in his affidavit, the arresting officer says that one of the non-players told a backup officer that the stolen gun belonged to Robinson. However, the backup officer who actually spoke to the non-player quotes him as saying that he didn't know who the gun belonged to. So he arrested one guy and released the other two based on a statement that his colleague said didn't happen.
You can decide for yourself whether it's right or wrong, but the plain truth is that a good defense lawyer is getting that search tossed. I'm not accusing him of anything malicious, but the arresting officer made a ton of mistakes, and those mistakes were likely to result in the evidence getting tossed. The DA would have been wasting his time trying to pursue the charges.
Gun on lap legal or not AND smell of weed is a probable search. Weed and Gun legal or not is a Felony. Spin, Spin, Spin.