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Teen to be tried for carrying rifle: UPDATE

Discussion in 'Carry Issues' started by Unistat, Jul 12, 2012.

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  1. Unistat

    Unistat

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    Original thread.

    Update.

    Long and short of it, he was found not guilty on all charges.

     
    Last edited: Jul 12, 2012
  2. HerrGlock

    HerrGlock Scouts Out CLM

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    Outstanding. I'm glad to hear it.
     

  3. HerrGlock

    HerrGlock Scouts Out CLM

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    Just reading the various articles about it "Judge Marc Barron..." First thought was, "What the heck is a defensive safety doing as a judge?" :animlol:
     
  4. rmodel65

    rmodel65

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    and now i guess hes gonna file a section 1983 suit??
     
  5. itstime

    itstime

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  6. JGlockman

    JGlockman

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    He should. He should sue everyone he can. Those prick cops deserve it.

    Sent from my Desire HD using Tapatalk 2
     
  7. HerrGlock

    HerrGlock Scouts Out CLM

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    I would.
     
  8. Unistat

    Unistat

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    I don't know, probably.

    The thing is, I don't know what the PD and prosecutor were thinking on this one. They kind of left themselves open to a lawsuit.

    This particular issue has already been settled in Michigan by a couple of other cases and an Attorney General's Opinion (AG's Opinions are not binding law, but they do provide guidelines for PD and Prosecutors.)
     
  9. RussP

    RussP Super Moderator Moderator

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    From the Update link:
     
  10. JGlockman

    JGlockman

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    That's the thing... They weren't thinking. Rights get violated when you have over zealous and ignorant LEOs and prosecutors.

    Sent from my Desire HD using Tapatalk 2
     
  11. RussP

    RussP Super Moderator Moderator

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    His attorney may have run that battle flag up the pole already.
    :whistling:
     
  12. John Rambo

    John Rambo Raven

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    The people he needs to sue are going to be real uncomfortable when they get served!
     
  13. Bruce M

    Bruce M

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    Combs said he wouldn’t call himself a rebel, but said he’s OK with “making some people uncomfortable.”

    Sounds like he accomplished that at least. It will be interesting to see who, if anyone, has to pay how much in the civil suit.
     
  14. collim1

    collim1 Shower Time!

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    It would make you more open to a lawsuit to drop the charges. Alteast a judge agreed there was PROBABLE CAUSE for the arrest or it wouldn't have made it to trial.

    Probable cause for an arrest does not mean guilty.
     
  15. Unistat

    Unistat

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    That's a good point and why I don't think I would sue if I was the kid. If the police were acting in good faith, they should be protected from lawsuits. A lawsuit might just be a waste of time and money.

    The prosecutor, on the other hand, could have denied the warrant and that would be the end of it. Happens everyday and does not leave either the PD open to a suit.

    As I said in the original thread, it seems that the prosecutor was being as activist/stupid as the kid in this case.
     
    Last edited: Jul 12, 2012
  16. jph02

    jph02

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    This...

    and this.
     
  17. Bruce M

    Bruce M

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    Part of a prosecutor's job may be to attempt to uphold the customs of a community. I wonder how much support the prosecutor would get from Birmingham residents; whether the residents approve of him carrying a rifle or if the residents approve of the prosecution of him.
     
  18. steveksux

    steveksux Massive Member

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    That's what I was thinking. A couple charges were thrown out by the judge, I believe obstruction for not providing ID. So we know the judge knows he has that option... :supergrin: Just didn't believe the gun charge warranted it.

    All the prior open carrying cases that everyone is referring to all had to do with open carry of handguns, not a slung rifle, as far as I know. I'm guessing that's why the judge allowed it to go forward.

    I suppose now that he was found not guilty, there's no precedent established? Not like a court decided that a slung rifle is legal to open carry. A jury just found that in this one particular case the guy was not in violation of brandishing laws.

    Randy
     
  19. cowboywannabe

    cowboywannabe you savvy?

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    i guess it would help to know the law in one's own state on carrying a rifle or shotgun slung on your shoulder or across your back...etc....loaded or unloaded....with no obvious attempts to deploy it.

    if all that i listed above is legal i could still understand the cops detaining him to determine whats going on (until this becomes a commonly seen thing) then kicking him loose upon no finding of attempted wrong doing.
     
  20. JRWnTN

    JRWnTN

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    With a statement like that before a jury, he could be awarded $1.
     
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