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Old 12-05-2012, 09:52   #161
golls17
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Quote:
Originally Posted by RussP View Post
bucksnort is in WI.
Actually, unless I'm missing something, I don't think he ever said he was. He was just referring to another poster.

ETA: He never said he was, but said that WISHOOTER is and went into his "hypothetical". Couple that with quoting WI Statutes and knowing that a firearm on the seat is concealed, WI is likely.

OR

We have another one playing word games and mind tricks...


OP - Where did this happen?
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Old 12-05-2012, 10:31   #162
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For the sake of argument, if he's really from WI

941.20 (1) (a),(1) (b)

Quote:
941.20  Endangering safety by use of dangerous weapon. (1) Whoever does any of the following is guilty of a Class A misdemeanor:
(a) Endangers another's safety by the negligent operation or handling of a dangerous weapon; or
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant; or
...
Again, "intoxicated" doesn't mean .08, it means each individual's ability to act with clear judgement. It's different from person to person, and there are a lot of variables.
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Old 12-05-2012, 10:33   #163
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Originally Posted by bucksnort1959 View Post
stopped for speeding. had one beer right after work. Cop claimed I was drunk. Blood came back .012
Falsely arrested without probable cause, illegal search of my vehicle, confiscation and denial of my 2nd amendment rights.
Cop was so hyped that I had a loaded gun next to me he never made it back to his cruiser to even check my license. The dash board cam shows a confused, insecure cop back pedaling from my truck, stopping at the back and coming back. The video is hilarious and will hang him and his sidekick that showed up.
The verbal on the vid as they illegally went through my truck is even funnier. I smoke cigars and the one cop commented to the other it' smells like weed in here. the gung ho cop is recorded telling his sidekick how he was going to justify stealing my gun.
I love that cops have vid rolling to show how inept they are. I now have my own dashboard cam to record these clowns.
2 days later they setup experimental no cause check points with money they got from the Feds. These are illegal in my state.
First, there have been cops arrested for that same level of blood alcohol...

http://www.sierrasun.com/article/200...NEWS/904249997

Second, most users of cigars are emptying out the cigars and placing weed in the cigars so they will probably have an expert there to say you had weed and marijuana in the system. Did they pluck a hair from your head?

From what you have described and without the video I don't believe you will win at all. Have you had the case adjudicated yet in your favor? I would work to gt your record clean and expunge or the permit may be gone. If you have a substance abuse problem get it fixed or they may send the feds to ask about gun purchases and lies on the 4473 which is much worse than what you described.

Good luck and the best in this fight.

PS. If you have a drug dog leo friend have him get in your truck and see if the dog "alerts". That would be interesting.
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Last edited by JuneyBooney; 12-05-2012 at 10:46..
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Old 12-05-2012, 10:40   #164
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I love how bucky is jumping down everyone's collective throat for not having all the facts when most of our responses have been based on the information he chose to provide to support his "case".

I'll say again, good luck with your civil suit, should it actually exist.
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Old 12-05-2012, 10:41   #165
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Originally Posted by SgtScott31 View Post
The probable cause standard is not proof beyond a reasonable doubt. If the officer reasonably believed that you were impaired and conducted the arrest in good faith, it wasn't a "false" or "illegal" arrest. An officer can search your vehicle incident to that arrest. So it's not an illegal search either. As far as the 2nd Amendment issue, I'm not sure about your firearm laws, but in my state we have a charge for possession of a firearm while intoxicated. So I assume that if you were arrested for DUI it would be somewhere in that arena.

Even if you were exonerated from the charges and/or they were dismissed, it doesn't show at all that there was a constitutional violation. In layman's terms you would have to show that the officer(s) involved acted with recklessness/malice involving the arrest. Every situation is very fact based, but I can tell you that the standard to prove this claim is VERY high. I would be very glad to read the court's opinion involving this arrest and any legal actions you take. I have access to Westlaw & Lexis so I can pull unpublished opinions if you care to provide case name or parties to the case.



"Experimental no cause" checkpoints? Feel free to provide a source to that claim as well (i.e. news story, court opinion).
I agree and the pc will be the stop followed by the drinking charge. I would love to see the video.
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Old 12-05-2012, 10:43   #166
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Originally Posted by JuneyBooney View Post
Second, most users of cigars are emptying out the cigars and placing weed in the cigars so they will probably have an expert there to say you had weed and marijuana in the system. Did they pluck a hair from your head?
I wouldn't say "most", but yeah, it happens. I love me a good cigar, and I've never done that.

It's not unheard of for people to call the cops to a park because they think a group of kids is smoking weed because "it doesn't smell like regular cigarette smoke" and they can't tell the difference. Lots of times, it's just cigarillos.
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Old 12-05-2012, 10:49   #167
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Another thought to add: in my state, I can arrest even for simple traffic violations, such as speeding. In other words, I still have PC to arrest even if I later lose my DWI case because the judge thinks PC in a DWI should really be beyond a reasonable doubt.
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Old 12-05-2012, 10:49   #168
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Originally Posted by John Rambo View Post
Down here we can be ****faced drunk and carry a gun. Hell, I do it all the time! Freedom tastes good, my friend. Tastes like whiskey.

The correct response when asked if the gun is loaded is to say you have your bullet in your pocket and your booze in your holster.
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Old 12-05-2012, 10:54   #169
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Originally Posted by SgtScott31 View Post
The probable cause standard is not proof beyond a reasonable doubt. If the officer reasonably believed that you were impaired and conducted the arrest in good faith, it wasn't a "false" or "illegal" arrest. An officer can search your vehicle incident to that arrest. So it's not an illegal search either. As far as the 2nd Amendment issue, I'm not sure about your firearm laws, but in my state we have a charge for possession of a firearm while intoxicated. So I assume that if you were arrested for DUI it would be somewhere in that arena.
Depending on where, this gets kind of hairy. Depends on the DA's recommendations around here.

I was in a jurisdiction that borders the next county. Cops from the other county stopped and arrested an OWI just inside our jurisdiction. We pulled up behind and backed him up until his backup officer showed up. After they hauled the driver off, we stayed and BSed with the backup cop, and were amazed at the differences in how vehicle searches had to be done incident to OWI arrest.

Quote:

"Experimental no cause" checkpoints? Feel free to provide a source to that claim as well (i.e. news story, court opinion).
Again, assuming WI, he's probably referring to one of these...

http://www.todaystmj4.com/news/local/80464437.html

It's not a "checkpoint". It's a big sign on the side of the freeway warning drivers that there is extra patrol looking for intoxicated drivers in that area.

Carry Issues
http://wtaq.com/news/articles/2011/a...onwide-effort/
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Old 12-05-2012, 10:58   #170
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Originally Posted by faawrenchbndr View Post
Very BAD idea to be discussing this "legal" matter here!
Do yourself a favor & let the lawyers handle this, keep your
comments off the WWW, the defense team WILL find this.
\

This is not "social media" so I see no problem. You are giving people too much credit.
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Old 12-05-2012, 11:06   #171
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Originally Posted by bucksnort1959 View Post
just warming up. Kicking back and popped a brew. I have to work during the day to support the rest of you slackers
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Originally Posted by RussP View Post
Bruce, that was an, "I pay youse coppers' salaries," comment...only said with a Wisconsin accent.


Fair enough then - A heads up for budgeting purposes especially it being the holidays and all. Despite slacking I have somehow managed to accumulate a bit shy of 1600 hours of sick leave that has been payable to me at 100% since about 2007 per contract and I am going to cash it in. Maybe soon. Might want to be very conservative for the Holidays as I would not want you to be short...
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Old 12-05-2012, 11:22   #172
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Originally Posted by golls17 View Post
Actually, unless I'm missing something, I don't think he ever said he was. He was just referring to another poster.

ETA: He never said he was, but said that WISHOOTER is and went into his "hypothetical". Couple that with quoting WI Statutes and knowing that a firearm on the seat is concealed, WI is likely.

OR

We have another one playing word games and mind tricks...


OP - Where did this happen?
From a post made 3/8/2009...
Quote:
I'll take two...
Quote:
I'll take two to 53532
email bobdean100 at yahoo.com
53532 is DeForest, WI.
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Old 12-05-2012, 11:27   #173
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Carry Issues
You're a gentleman and a scholar, thanks for that golf cart ride down memory lane!
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Old 12-05-2012, 11:28   #174
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Originally Posted by RussP View Post
From a post made 3/8/2009...53532 is DeForest, WI.
Thanks!
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Old 12-05-2012, 11:47   #175
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Originally Posted by JuneyBooney View Post
First, there have been cops arrested for that same level of blood alcohol...

http://www.sierrasun.com/article/200...NEWS/904249997

Second, most users of cigars are emptying out the cigars and placing weed in the cigars so they will probably have an expert there to say you had weed and marijuana in the system. Did they pluck a hair from your head?

From what you have described and without the video I don't believe you will win at all. Have you had the case adjudicated yet in your favor? I would work to gt your record clean and expunge or the permit may be gone. If you have a substance abuse problem get it fixed or they may send the feds to ask about gun purchases and lies on the 4473 which is much worse than what you described.

Good luck and the best in this fight.

PS. If you have a drug dog leo friend have him get in your truck and see if the dog "alerts". That would be interesting.
I'm on break so I'll make this quick.
The reading comp on this board is an absolute joke.
My blood was .012
the link says this cop was .12
Math isn't a strong subject
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Old 12-05-2012, 11:58   #176
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Originally Posted by bucksnort1959 View Post
I'm on break so I'll make this quick.
The reading comp on this board is an absolute joke.
My blood was .012
the link says this cop was .12
Math isn't a strong subject
Are you incapable of answering basic questions?
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Old 12-05-2012, 11:59   #177
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Originally Posted by bucksnort1959 View Post
I'm on break so I'll make this quick.
Get back to work so I can keep being a lazy moocher!!!
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Old 12-05-2012, 12:29   #178
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Originally Posted by bucksnort1959 View Post
I'm on break so I'll make this quick.
The reading comp on this board is an absolute joke.
My blood was .012
the link says this cop was .12
Math isn't a strong subject
By your word you say that.

We want to see reports.


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Old 12-05-2012, 12:38   #179
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Originally Posted by bucksnort1959 View Post
Ok
Let's put a similar scenario out there poster.
This is not anywhere what I experienced.
I love it when perps start laying out hypothetical situations that "totally aren't what really happened,dude!"

Quote:
You had a long night the night before because your kid had an earache and kept you up most of the night.
You dragged you but out of bed and put a long day in.
Lot's of unnecessary but very specific detail for a "hypothetical" situation.

Quote:
Your wife calls and says it all right for you and your bud from work to go out for dinner. You have a beer, Jack and Coke or whatever and have dinner. After your bud says "I'll buy one at the bar. You're somewhere around .012 at this point depending on weight and other factors. I see you're from Wisconsin so this is nothing peeps do there on a regular basis on a Friday fish or Saturday prime rib outing.
I count an admission of three, possibly four alcoholic drinks in this incredibly detailed "hypothetical" example.

Quote:
Have you REALLY been drinking?
Yes. Yes you have.

Quote:
You get in your car and a couple of miles away you aren't paying attention you're going over the speed limit and the cherries come on.
So, you were speeding? I mean, hypothetically and all.

Quote:
Say you're in Waukesha and not at 35th and North so being a whitey you're not out of your element.
More unnecessary, yet highly specific detail for a hypothetical situation. Almost as if somebody had said to the OP "It's a really bad idea to discuss the particulars of your pending court case in a public forum," but the OP just can't help getting on his soapbox. Common sense and discretion are for sheeples. The "man" must always have it stuck to him... anonymously... on the interwebs.

Quote:
You do have a loaded pistol with you because most sane peeps know an unloaded gun is useless when micro seconds count and you have a CCW and are pretty proficient with it. You got that right back last year and are exercising it.
Whoa, whoa, whoa. In order to "get that right" back, one has to first lose that right. What are the ways that a CCDW permit can be revoked and then restored?

1. Being subject to a protective order that has expired.

2. Being in jail for a misdemeanor offense and being released.

3. Being a convicted Felon who has had their rights restored by the state.

4. Extended stay in rehab for alcohol abuse.

I mean, these are all "hypothetical" reasons.

Quote:
Not like a FIB that gets out once a year and shoots Bossy.
That last drink is still on your breath when Barney approaches your car. Are you drunk just because you had a drink?
Are you guilty of something because in Socialist Brew City minions have no need to go armed and the cop has some kinda problem that you have a loaded gun and maybe he's envious of your car or the address on your license.
Barney advises you that you were speeding and you think it's over.
Are you a past drinker, alky?
They're the worst next to ex smokers.
Ever go out for dinner, have a beer or 2 and drive home?
Ever been in deer camp and your buds get out of bed and go out in the woods with lingering alcohol in there system?

Should we have check points to catch the fish fry 2 beer drinker?
Do you support 0 tolerance as they do in Socialist countries in Europe?
Have you read the jury instructions for your state in which it spells out at what point you are in violation of your CCW?
Do you understand them?
Do you mind Barney going through your personnel belongings on a "hunch" or fishing expo?
What if they slap the cuffs on you and they search the car and find a roach your kid's friend dropped the night before when your kid had the car.
now you have a problem. but you're only .012, well under .08
I'm not upset about a moving violation.
I'm concerned that besides the ticket for speeding, my stuff was "stolen" from my possession, cuffed and stuffed just because maybe Barney thought he was gonna get an atta boy from his boss.
Talk to some kids in they're 20's and younger and see how Barney likes to hassle them, give out $450 DC tickets like candy because they know hardly anybody is going to hire an attorney at say 1K to fight a $450 ticket
Lot of "I'm not a drunk and I can stop drinking whenever I want" justifications. I'm sorry- a lot of hypothetical justifications.
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Old 12-05-2012, 12:52   #180
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Here in Miami we have these fresh out of High School, 18 year old cops, who don't even know what a Yield sign stands for....good luck to you.
..no you don't. That is a lie...

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