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Posted: 7/7/2016 9:33:54 AM EDT
[#1]
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Posted: 7/7/2016 9:38:12 AM EDT
[#2]
Try contacting MichMan1. He's a member here and helped with the SBR/SBS legalization. He's a lawyer too IIRC.
I'd like to know details of what probable cause they had to request the search and if your wife consented. However, I suggest not posting any of the details of the case until it is settled. Good luck! |
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Posted: 7/7/2016 9:39:00 AM EDT
[#3]
I take it she didn't have a CPL?
Otherwise, this is an open and closed case |
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Posted: 7/7/2016 10:54:53 AM EDT
[#4]
Being a mere dregs of society and NOT of the deity stature that Empress Hillary carries, the "did not intend" defense will be laughed out of court. Best of luck & hopefully you will have an understanding judge.
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Posted: 7/7/2016 4:04:41 PM EDT
[#5]
Particular reason that the car was searched? That is not a normal traffic stop.
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Posted: 7/7/2016 5:41:17 PM EDT
[#6]
The car was searched because my wife forgot her license at home and had no ID. I was able to bail her out today.
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Posted: 7/7/2016 6:22:43 PM EDT
[#7]
They will have to prove she knew the pistol was in the vehicle. This is a specific intent crime. Get a good lawyer..she'll most likely beat it but the pistol is lost for sure.
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Posted: 7/7/2016 8:41:22 PM EDT
[#8]
I appreciate all the feed back. I will be consulting with attorneys tomorrow.
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Posted: 7/8/2016 10:24:53 AM EDT
[#9]
Quote HistoryQuoted:
The car was searched because my wife forgot her license at home and had no ID. I was able to bail her out today. That's still not probable cause for a search. Unfortunately, if your wife consented to the search, that complicates matters because now the search was legal. In any case, you should hold off on posting any more details until you've at least spoken with an attorney and possibly until after the case is settled. |
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Posted: 7/8/2016 3:46:41 PM EDT
[#10]
Quote HistoryQuoted:
That's still not probable cause for a search. Unfortunately, if your wife consented to the search, that complicates matters because now the search was legal. In any case, you should hold off on posting any more details until you've at least spoken with an attorney and possibly until after the case is settled. Quote HistoryQuoted:
Quoted:
The car was searched because my wife forgot her license at home and had no ID. I was able to bail her out today. That's still not probable cause for a search. Unfortunately, if your wife consented to the search, that complicates matters because now the search was legal. In any case, you should hold off on posting any more details until you've at least spoken with an attorney and possibly until after the case is settled. Search was technically subsequent to arrest(no ops, no id, driving=arrestable offense), anything within wingspan of reach was GTG. Shitty deal, this why wife should always have CPL whether they choose to carry or not. In a shitty world, one your pistols is in the car as you and your wife return from the range, you stop at Speedway to go in to take a piss, asshole crashes into your parked car and the pistol ends up in plain view and an LE encounter happens she could be on the hook for it. |
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Posted: 7/10/2016 7:10:30 PM EDT
[#11]
Quote HistoryQuoted:
I appreciate all the feed back. I will be consulting with attorneys tomorrow. Don't scrimp on the Attorney, get the absolute best you can afford and beg or borrow money if need be. And as has been said , do not post anymore info in this thread or anywhere on the internet, email , facebook, fax, cell phone , text, ect ect |
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Posted: 7/11/2016 1:31:34 AM EDT
[#12]
Quote HistoryThis. Jim is good people and knows MI gun laws. If I was in your shoes this is who I'd get. |
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Posted: 7/11/2016 11:01:08 PM EDT
[#13]
Quote HistoryQuoted:
They will have to prove she knew the pistol was in the vehicle. This is a specific intent crime. Get a good lawyer..she'll most likely beat it but the pistol is lost for sure. 
Why? |
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Posted: 7/12/2016 8:46:04 AM EDT
[#14]
Quote HistoryQuoted:
This. Jim is good people and knows MI gun laws. If I was in your shoes this is who I'd get. Quote HistoryQuoted:
This. Jim is good people and knows MI gun laws. If I was in your shoes this is who I'd get. Jim has helped me with several issues at no charge . |
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Posted: 7/17/2016 6:29:21 PM EDT
[#15]
Quote HistoryQuoted:
Why? Quote HistoryQuoted:
Quoted:
They will have to prove she knew the pistol was in the vehicle. This is a specific intent crime. Get a good lawyer..she'll most likely beat it but the pistol is lost for sure.
Why? Judge will order it destroyed most likely..it was involved in a crime even tho she will be found not guilty, you might petition the court to get it back, but it will cost more than the pistol is worth.. |
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Posted: 7/19/2016 9:02:30 AM EDT
[#16]
Quote HistoryQuoted:
Search was technically subsequent to arrest(no ops, no id, driving=arrestable offense), anything within wingspan of reach was GTG. Shitty deal, this why wife should always have CPL whether they choose to carry or not. In a shitty world, one your pistols is in the car as you and your wife return from the range, you stop at Speedway to go in to take a piss, asshole crashes into your parked car and the pistol ends up in plain view and an LE encounter happens she could be on the hook for it. Quote HistoryQuoted:
Quoted:
Quoted:
The car was searched because my wife forgot her license at home and had no ID. I was able to bail her out today. That's still not probable cause for a search. Unfortunately, if your wife consented to the search, that complicates matters because now the search was legal. In any case, you should hold off on posting any more details until you've at least spoken with an attorney and possibly until after the case is settled. Search was technically subsequent to arrest(no ops, no id, driving=arrestable offense), anything within wingspan of reach was GTG. Shitty deal, this why wife should always have CPL whether they choose to carry or not. In a shitty world, one your pistols is in the car as you and your wife return from the range, you stop at Speedway to go in to take a piss, asshole crashes into your parked car and the pistol ends up in plain view and an LE encounter happens she could be on the hook for it. I can't remember the law but what the lawyer in my CPL class said if you go in a convenience store and the gun is under you seat a person in the passenger seat isn't violating the law. You are coming back out and it's your responsibility. The OPs situation is different of course. Good luck. |
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Posted: 7/21/2016 3:48:24 AM EDT
[#17]
Quote HistoryQuoted:
That's still not probable cause for a search. Unfortunately, if your wife consented to the search, that complicates matters because now the search was legal. In any case, you should hold off on posting any more details until you've at least spoken with an attorney and possibly until after the case is settled. Quote HistoryQuoted:
Quoted:
The car was searched because my wife forgot her license at home and had no ID. I was able to bail her out today. That's still not probable cause for a search. Unfortunately, if your wife consented to the search, that complicates matters because now the search was legal. In any case, you should hold off on posting any more details until you've at least spoken with an attorney and possibly until after the case is settled. Search subsequent to arrest for Misd of No Ops on Person. J- |
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Posted: 7/22/2016 7:19:01 PM EDT
[#18]
Great news, our attorney was able to get the charges dropped and I will be able to pick up my pistol sometime this coming week. Thanks for all the input you guys have given me.
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Posted: 7/22/2016 7:35:38 PM EDT
[#19]
Quote HistoryQuoted:
Great news, our attorney was able to get the charges dropped and I will be able to pick up my pistol sometime this coming week. Thanks for all the input you guys have given me. Kick ass. 
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Posted: 7/23/2016 10:01:54 PM EDT
[#20]
Quote HistoryQuoted:
Kick ass. Quote HistoryQuoted:
Quoted:
Great news, our attorney was able to get the charges dropped and I will be able to pick up my pistol sometime this coming week. Thanks for all the input you guys have given me. Kick ass. Congrats man. Time to get your wife a CPL. |
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Posted: 7/23/2016 10:05:12 PM EDT
[#21]
Now that the charges have been dropped, is she going to get charged with murder for killing you? I would never be able to sleep in the same room again??
Glad things worked out. Scary shit there. Posted Via AR15.Com Mobile |
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Posted: 7/23/2016 10:51:18 PM EDT
[#22]
Quote HistoryQuoted:
Now that the charges have been dropped, is she going to get charged with murder for killing you? I would never be able to sleep in the same room again?? Glad things worked out. Scary shit there. Posted Via AR15.Com Mobile Lol I've always had to sleep with one eye open with her.  just kidding. After we recover financially from this she will be getting her cpl.
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Posted: 7/24/2016 2:09:19 AM EDT
[#23]
Quote HistoryQuoted:
Great news, our attorney was able to get the charges dropped and I will be able to pick up my pistol sometime this coming week. Thanks for all the input you guys have given me. Awesome. I've been a cop in Michigan for 21 years and honestly it shouldn't have gotten that far with those facts. Either a rookie or a dick head or a dickhead rookie. J- |
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Posted: 7/24/2016 3:38:15 PM EDT
[#24]
Quote HistoryQuoted:
Awesome. I've been a cop in Michigan for 21 years and honestly it shouldn't have gotten that far with those facts. Either a rookie or a dick head or a dickhead rookie. J- Quote HistoryQuoted:
Quoted:
Great news, our attorney was able to get the charges dropped and I will be able to pick up my pistol sometime this coming week. Thanks for all the input you guys have given me. Awesome. I've been a cop in Michigan for 21 years and honestly it shouldn't have gotten that far with those facts. Either a rookie or a dick head or a dickhead rookie. J- Agreed, lack of use of discretion, but some times the brass makes these choices tough.. |
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Posted: 7/24/2016 3:38:59 PM EDT
[#25]
Quote HistoryQuoted:
Great news, our attorney was able to get the charges dropped and I will be able to pick up my pistol sometime this coming week. Thanks for all the input you guys have given me. Outstanding outcome... |
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Posted: 7/25/2016 12:44:03 AM EDT
[#26]
Quote HistoryQuoted:
Agreed, lack of use of discretion, but some times the brass makes these choices tough.. Quote HistoryQuoted:
Quoted:
Quoted:
Great news, our attorney was able to get the charges dropped and I will be able to pick up my pistol sometime this coming week. Thanks for all the input you guys have given me. Awesome. I've been a cop in Michigan for 21 years and honestly it shouldn't have gotten that far with those facts. Either a rookie or a dick head or a dickhead rookie. J- Agreed, lack of use of discretion, but some times the brass makes these choices tough.. That's ashame. I wouldn't have bitched (I'm a patrol Sgt) if one of my guys let her go with those facts. Actually I'd be pretty pissed if they brought her in (confided the answer is the same for the other sgts and lts at my place). J- |
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Posted: 7/27/2016 3:46:34 PM EDT
[#27]
UPDATE picked up my pistol from the PD today and the barrel has rust all over it and it was spotless 3 weeks ago before they confiscated it.
What's the best way to remove the ruse off the barrel? |
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Posted: 7/30/2016 9:45:59 PM EDT
[#28]
So glad to hear everything went your way! Who did you hire for the attorney? I mean if you don't mind saying.
Barrel rust....Soak it in oil for a day or two. Wipe off all the excess and see how it shoots. |
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Posted: 8/14/2016 9:50:09 PM EDT
[#29]
If this same scenario happened but the loaded pistol was in a locked box with no key in the vehicle, still a crime?
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