bamawriter
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His own documentation calls it into question. "I smell weed" is not a blanket guarantee of probable cause even if weed is present.
Well if the DA isn't going to trust the trained officer to make that sort of judgement call, the police are wasting their time.
As a hypothetical, because I obviously haven't seen anything:
What if the cop's dash cam show him saying nothing about smelling weed before being made aware of the gun in Jones' lap and an subsequently ordering them out of the car? And then, as his affidavit says, he sees the pot on the floorboard after Robinson gets out. What if it fits with their version of events?
Believe me, I'm not trying to knock this officer. But the idea that a DA should unquestioningly "trust the trained officer to make that sort of judgement call" is pretty naive. I have a family member who is a criminal court judge. He says that in 1/4 of all cases, the cops screw up something important. It all comes down to who notices the screw up first.
If the officer says he smelled the weed and him making the call turned up drugs and a stolen gun, as the DA, who am I going to tend to trust or whose version will I go with? Really? LOL
You make a compelling case.
I no longer have any clue why the founding fathers bothered to put the 4th Amendment in the Bill of Rights. I mean, when is that situation ever going to come up? Amirite? You're with me, right?
Oh good grief, they did it. They just got away on a technicality. Think that was more about avoiding harassment than slick lawyers.
We are all familiar with cops getting this to stick with the cause for search being "acting suspicious".
But drop your BS poor kids act.
It wasn't the Mexican cartel but they damn sure needed some real consequences. They were carrying an illegal firearm. This wasn't Spicoli walking around with one joint and great intentions.
They were carrying an illegal firearm.
Which Louisiana law gives a pass for if the suspect didn't know it was illegal. Even if the DA wanted to pursue it, the chances are slim that the felony charge would have stuck.
Good lord, some of your are acting like someone got hurt here and is getting screwed out of justice.
Which Louisiana law gives a pass for if the suspect didn't know it was illegal. Even if the DA wanted to pursue it, the chances are slim that the felony charge would have stuck.
Good lord, some of your are acting like someone got hurt here and is getting screwed out of justice.
Prevention of what?
Something to consider. If Jones knew to put the gun on his lap and immediately inform the officer of it, why didn't Cam do the same? He knew it was illegal and or stolen. Come on, get real.
Something else I'm curious about. If the gun was stolen in Alabama and found on these fools in Louisiana, isn't there a crossing state lines issue, or should have been?
Lol,anything, everything.
Yes, I believe in consequences for actions. They help to prevent future actions.
Why don't you just take the technicality win and roll with it. Because honestly, this whole "poor kids just riding around with the firearm and drugs, lucky they got away from that mean ole law officer" is some of the thickest BS I've ever seen put down here.
Lol,anything, everything.
Yes, I believe in consequences for actions. They help to prevent future actions.
Why don't you just take the technicality win and roll with it. Because honestly, this whole "poor kids just riding around with the firearm and drugs, lucky they got away from that mean ole law officer" is some of the thickest BS I've ever seen put down here.
Hootie might be smarter than Cam. Or Cam didn't remember it was there. Or maybe Hootie's was accesible, and Cam didn't want to go full retard and reach under his seat with a cop in his window.
The DA is Baldwin Co isn't pursuing charges against Cam, so even the prosecutor in charge of the theft case doesn't seem to think he did anything.
Quick glance, neither state has such a law (nor does Mississippi, since I assume they drove thru it). Even if they did have such a law, if knowledge of the theft is an affirmative defense against a possession charge, it would assuredly be an affirmative defense against a transport charge as well.
Nope, even your last response to me.You want to link anything that even remotely resembles me calling them "poor kids" or the cop a "mean ole law officer?"
I never said anything of the sort. My only argument is that this situation doesn't indicate some massive act of prosecutorial corruption, which is what some posters seem to believe.
If they paid LA to drop the charges, I'm sure no one is expecting charges in bama. Whoever the gun was stolen from just landed a couple season tickets. They weren't pressing charges.
If I did a search for your comments on the rape cases making their way thru the Knox County courts, would I find the same righteous indignation?
Nope, even your last response to me.
"Prevention of what"
Like even the thought of believing carrying drugs and guns having implications of non pure activities is somehow unfair.
Yeah, just a pure coincidence that the one time they are pulled over is also the one and only time they have a stolen weapon mixed with drugs.
Darn the bad luck.
I tend to be a guy who believes in dropping the hammer on people who break the law. Guns, drugs, underage drinking, assault, robbery, pistol whipping, rape, lock em up. 1st time offender? BS, lock em up. Maybe they learn. If not, lock em up again. I paid a massive amount in taxes last year. That's ok. I'll pay for their bologna sammich to keep them in jail.
That didn't answer my question.
But I do appreciate your open support for the grist mill that is our penal system.
If Cam had anything to do with the theft of that gun, then he should be prosecuted for it. At the moment, every indication is that he didn't. If he thought he made a legal purchase, then I hope he's learned to go to a licensed dealer from here on out. Otherwise, he and Hootie are as free to own a firearm as anyone else, and had every right to have them in their rental car.
And it is literally impossible for me to give less of a **** about someone smoking weed. Marijuana laws are as stupid as the alcohol blue laws in this backward state.
And I say this as someone who has never smoked weed or owned a gun.
So yeah. Prevention from what?
All I keep seeing is "if" and "if" and finally, you don't think something should be illegal so somehow that makes it less illegal.
I don't agree with the speed limit on my road, but I follow it.
But I guess if I just told an officer that "I didn't know" what the limit was, I'd get off with no trouble.
Sure you would be just as adamant about defending my name also.
We all know why you are suddenly the defender of the wrongly arrested.
This is pointless.
Half the posters here called the outcome before hearing any details.
Big of coincidence as the guys getting pulled over during their only offense I guess.