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.