I'd like to make it clear to Volnation that this guy has absolutely no clue what he is talking about, has no real understanding of law enforcement or what a "good defense lawyer" would do, does not understand what probable cause is or what the 4th amendment means when applied to lawful searches and seizures. I tried to explain it to him but he completely ignored what I was trying to tell him and had the audacity to say I was missing the point like he is the expert in law because hes seen a few episodes of Law & Order. This boy has his head in the sand. It's not like I'm a lawyer or anything...lol Bucko didn't even know the term constructive possession until I brought it up with one of my first posts and now he puts it out there like he wrote the book on it...so if that is any indication of his overall expertise....you get the point.
According to everything I've read, there was probable cause, the search was legal, the search found drugs and guns (one of which was stolen). It's not up to the officer to explain how the smell came about, how the guns came about, or how the drugs came about. All he needs to do is explain he smelled the odor and found what he found...as I've tried to point out along with one of our fellow Vol fans who held himself out as a police officer. It would be impermissible for the officer to start speculating on any of that...that is why wee have the objection "calls for speculation"...its frowned upon. Lay the facts out, tell your story, and let the jury decide how it ends. Asking the other two guys who were in the car for an explanation of how the police officer obtained probable cause is absolutely 100% ridiculous; I cant even believe that hes pushing that rationale.
lol:
The reason the other two guys were let go is because they were not in possession of firearms (that's called prosecutorial discretion). It must have been clear to the officer's that the weapons belonged to Hootie and/or Cam and the other two were subsequently uncuffed and sent on their ways...this is not uncommon. Had no guns been found with the drugs, they would have all likely been let go. However, that wasn't the case.
My advice to everyone, stop responding to him. He's a writer, not a lawyer, clearly a major troll, and a complete joke. I'd like to read his "writings" if I had time to kill just for laughs. Chances are, he probably hasn't written anything noteworthy anyways. We all know writers don't need facts to write; however, lawyers do need facts to win a case....as the difference can be displayed between his posts and mine. We all know the dropped charges were bogus. I haven't seen a mockery of justice like this since the Jameis Winston investigation in Florida. These were felony charges...FELONY. We aren't talking public intoxication, get held overnight and sentenced to community service...we are talking potential prison time. 26 hours of police ride-alongs is a far cry from the 5 year minimum sentence for possessing a stolen firearm. It doesnt even look like either of these two will miss any playing time. Why? Because their head coach puts winning above everything else. Ask Urban Meyer how that worked out with Aaron Hernandez.
Any affirmative defense he would need to assert, like he didn't know the gun was stolen, would have to be proven by him. The burden of proof shifts under that circumstance from the state proving he was in possession of a stolen firearm to him proving he did not know, which would be pretty difficult to prove and would likely require someone else coming forward saying they sold him the firearm, thus putting their own neck on the chopping block... They aren't just going to take his word for it under these circumstances. If any of these perps were not football players, they would have been charged. Period. End of story.
VolAce, OUT! :hi:
