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Prosecutions for concealed carry violations found during traffic stops in Michigan

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Adam H. Kerman

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Dec 1, 2022, 4:03:44 PM12/1/22
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I am very much in favor of criminal laws in which any use of a firearm
is an aggravating factor in imposing sentence on the underlying crime.

But here are two instances in which college athletes in a Michigan
county -- Ann Arbor -- are charged with concealed weapons violations
when guns are discovered during traffic stops. The two AP articles fail
to explain what actions the police officer took during the traffic
stops. But how is a concealed weapon even found during a traffic stop
without a warrantless search? I don't understand the legality of any of
this.

This article doesn't even explain what the traffic violation was.

https://apnews.com/article/college-football-sports-michigan-wolverines-ann-arbor-c48f3bc333ab31a14bd0bde618a01f02

In this article, the driver was stopped for failing to stop at a stop
sign. The weapon was found after a vehicle search. I'd like to know what
exactly led to the vehicle search but the article doesn't say. He said
it wasn't his car and it wasn't his weapon. That's easy enough to check,
if the weapon truly was registered to the vehicle owner.

Of course the moron, 18 years old at the time, showed the cops an
altered driver's license. You never alter your genuine driver's license;
you create a fake ID to show bartenders. That was a second felony
charge.

https://apnews.com/article/sports-college-basketball-michigan-mens-bb04d247e24c3647114da098bfbcd430

BTR1701

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Dec 1, 2022, 4:14:16 PM12/1/22
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On Dec 1, 2022 at 1:03:40 PM PST, ""Adam H. Kerman"" <a...@chinet.com> wrote:

> I am very much in favor of criminal laws in which any use of a firearm
> is an aggravating factor in imposing sentence on the underlying crime.

Oh, no. George Gascon will not be happy with you!

You must be anti-gun but at the same time refuse to prosecute gun crimes or
gun enhancements.

Adam H. Kerman

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Dec 1, 2022, 4:17:27 PM12/1/22
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BTR1701 <atr...@mac.com> wrote:
>On Dec 1, 2022 at 1:03:40 PM PST, ""Adam H. Kerman"" <a...@chinet.com> wrote:

>>I am very much in favor of criminal laws in which any use of a firearm
>>is an aggravating factor in imposing sentence on the underlying crime.

>Oh, no. George Gascon will not be happy with you!

>You must be anti-gun but at the same time refuse to prosecute gun crimes or
>gun enhancements.

If I ever start thinking like Gascon, you can give me a hard slap to
unscramble the twisted up thought process.

>>. . .

RichA

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Dec 1, 2022, 8:01:42 PM12/1/22
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Irish Mike

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Dec 1, 2022, 8:11:59 PM12/1/22
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On Thursday, December 1, 2022 at 4:03:44 PM UTC-5, Adam H. Kerman wrote:
> I am very much in favor of criminal laws in which any use of a firearm
> is an aggravating factor in imposing sentence on the underlying crime.
>
> But here are two instances in which college athletes in a Michigan
> county -- Ann Arbor -- are charged with concealed weapons violations
> when guns are discovered during traffic stops. The two AP articles fail
> to explain what actions the police officer took during the traffic
> stops. But how is a concealed weapon even found during a traffic stop
> without a warrantless search? I don't understand the legality of any of
> this.

1. The gun was exposed and visible.
2. Cops asked them if they had a gun.
3. Cops asked if they could search the car.

Irish Mike

Ed Stasiak

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Dec 2, 2022, 3:47:43 AM12/2/22
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> Adam H. Kerman
>
> I am very much in favor of criminal laws in which any use of a firearm
> is an aggravating factor in imposing sentence on the underlying crime.

*meh* Carrying a handgun without a permit is a bullshit obsolete "gotcha!"
law that's still on the books. 25 states have permitless/constitutional carry
laws on the books (though obviously not Michigan yet).

> But here are two instances in which college athletes in a Michigan
> county -- Ann Arbor --

Ann Arbor is the city (Michigan's version of leftist Berkley CA) and is in
Washtenaw County.

> are charged with concealed weapons violations when guns are discovered
> during traffic stops. The two AP articles fail to explain what actions the
> police officer took during the traffic stops.

Heard some of this on sports radio yesterday and they were saying there's
a conflict of interest as the prosecutor is apparently a University of Michigan
alumni and teaches a course at the college law school.

Meanwhile, he's throwing the book at a Michigan State player (which is in
the city of Lansing in Ingham County) who got into a fight and bashed a
UofM player over the head with a helmet, after the UofM vs State game in
Ann Arbor a couple of weeks back.

> But how is a concealed weapon even found during a traffic stop without
> a warrantless search? I don't understand the legality of any of this.

In the one case, the football player admitted he had a (legally owned) gun
in the car but hadn't gotten his concealed carry license yet and in the other,
the gun and car didn't belong to the basketball player who was pulled over
by the cops, though the article doesn't say what justification the cops had
for searching the car.

> This article doesn't even explain what the traffic violation was.

In the one case, it was speeding and in the other, failure to stop at an
intersection.

Adam H. Kerman

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Dec 2, 2022, 9:58:42 AM12/2/22
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Ed Stasiak <edstas...@gmail.com> wrote:

>>Adam H. Kerman

>>I am very much in favor of criminal laws in which any use of a firearm
>>is an aggravating factor in imposing sentence on the underlying crime.

>*meh* Carrying a handgun without a permit is a bullshit obsolete "gotcha!"
>law that's still on the books. 25 states have permitless/constitutional carry
>laws on the books (though obviously not Michigan yet).

I'm not raising either of these arrests with a concern about enforcing
gun registration laws at either the state or federal level. My concern
was about what led to warrantless searches in two instances, and whether
the drivers' rights against warrantless searches were violated.

>>But here are two instances in which college athletes in a Michigan
>>county -- Ann Arbor --

>Ann Arbor is the city (Michigan's version of leftist Berkley CA) and is in
>Washtenaw County.

Thank you for clarifying as I didn't look it up. Neither article named
the county but one article was sloppily phrased to make it sound like
Ann Arbor could have been the name of the county. I assume it's the
county seat -- location of the main courthouse -- at least.

>>are charged with concealed weapons violations when guns are discovered
>>during traffic stops. The two AP articles fail to explain what actions the
>>police officer took during the traffic stops.

>Heard some of this on sports radio yesterday and they were saying there's
>a conflict of interest as the prosecutor is apparently a University of
>Michigan alumni and teaches a course at the college law school.

>Meanwhile, he's throwing the book at a Michigan State player (which is in
>the city of Lansing in Ingham County) who got into a fight and bashed a
>UofM player over the head with a helmet, after the UofM vs State game in
>Ann Arbor a couple of weeks back.

I heard about that. But I thought the Michigan player was seriously
injured in the post-game attack. Since when do both teams exit the field
through the tunnel at the same time?

>>But how is a concealed weapon even found during a traffic stop without
>>a warrantless search? I don't understand the legality of any of this.

>In the one case, the football player admitted he had a (legally owned) gun
>in the car but hadn't gotten his concealed carry license yet

Ok. The article didn't clarify for me that the driver made a statement
against interest. I would have kept repeating, Can I have my driver's
license back now and be on my way? to every question the police officer
asked.

Cops are taught to ask, Do you know why I pulled you over? Last time that
happened to me, I refused to answer but I didn't give any wise-ass replies
either. I kept saying, You tell me why I was pulled over. It was a stop
sign violation. The cop accused me of rolling through rather than coming
to a complete stop. I argued in court that I had been driving safely and
alertly because it was a residential neighborhood and because I hadn't
made the statement against interest the cop tried to get me to make,
the cop couldn't quote my confession on the stand. I also wore a suit to
court that day. Because I didn't have a lawyer, the judge made me sit
through the entire court call that morning. Still, she was annoyed at
the cop for ticketing me and acquitted me.

>and in the other, the gun and car didn't belong to the basketball player
>who was pulled over by the cops, though the article doesn't say what
>justification the cops had for searching the car.

I think the newspaper reporter should have looked into the issue of
whether that was an illegal search since that's a key point in reporting
the story, but I'll bet the story was written with no interviews being
done by any reporter whatsoever.

>>This article doesn't even explain what the traffic violation was.

>In the one case, it was speeding and in the other, failure to stop at an
>intersection.

Ah. I didn't hear about the speeding violation. Thanks.

Ed Stasiak

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Dec 2, 2022, 3:43:18 PM12/2/22
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> Adam H. Kerman
> > Ed Stasiak
> >
> > In the one case, the football player admitted he had a (legally owned)
> > gun in the car but hadn't gotten his concealed carry license yet
>
> Ok. The article didn't clarify for me that the driver made a statement
> against interest. I would have kept repeating, Can I have my driver's
> license back now and be on my way? to every question the police officer
> asked.

Heard on the radio today that he didn't have his drivers license on him either...

So he was speeding, had no drivers license on him and had a loaded handgun
in the car and hadn't gotten his CPL card yet, but he wasn't arrested and still
managed to catch the plane to the away game in Iowa(?) that day.

From the sound of it, the player told the cop he was a UofM football player
and had a game that day, the cops (likely fans of UofM) probably called the
head coach, who called the prosecutor, who is a UofM alum and teaches a
class at the college and he had the cops let the guy go and only charged
him now, (with a misdemeanor) well after the big end-of-season UofM vs
Ohio State game (which UofM won after eight straight years of losing).

Adam H. Kerman

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Dec 2, 2022, 4:35:37 PM12/2/22
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I see what you mean about disperate treatment, given that the Eastern
Michigan basketball player who ran the stop sign was charged with two
felonies.

trotsky

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Dec 3, 2022, 4:31:07 AM12/3/22
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On 12/1/22 3:14 PM, BTR1701 wrote:
> On Dec 1, 2022 at 1:03:40 PM PST, ""Adam H. Kerman"" <a...@chinet.com> wrote:
>
>> I am very much in favor of criminal laws in which any use of a firearm
>> is an aggravating factor in imposing sentence on the underlying crime.
>
> Oh, no. George Gascon will not be happy with you!
>
> You must be anti-gun but at the same time refuse to prosecute gun crimes or
> gun enhancements.


So you're lying and claiming the better option would be to prosecute
these people? Horseshit.



trotsky

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Dec 3, 2022, 4:46:26 AM12/3/22
to
So true, we all know who the cops target. I'm sure there are far more
white supremacist assholes with guns but they won't be stopped.

trotsky

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Dec 3, 2022, 4:47:59 AM12/3/22
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4. "Irish Mike" is a filthy anonyshit troll that never has any proof.
Which is Eunuch Derp's m.o. too. Oops, maybe a double anonyshit then.

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