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Posted: 3/18/2013 4:45:35 PM EDT
[Last Edit: 3/18/2013 4:47:10 PM EDT by jrzy]
Link Posted: 3/18/2013 4:47:40 PM EDT
Mr. Black was a previously convicted felon ...................the rest is bullshit
Link Posted: 3/18/2013 4:52:50 PM EDT
The judge that joined with the majority was one of the judges on the Wooolard panel.

Kharn

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Link Posted: 3/18/2013 4:53:22 PM EDT

Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit
Yeah but he is a free man because the cops did not even remotely follow the law on stopping and detaining people



Link Posted: 3/18/2013 4:58:47 PM EDT
That opinion is full of win, and entirely validates two major points I've made here on several occasions:

1. A Terry stop requires more than just being armed. There is a second prong, which is reasonable and particularized suspicion that the person is engaged in (or was/is about to be) criminal activity.

2. You cannot stop someone open carrying just to make sure he's not a felon.
Link Posted: 3/18/2013 5:00:52 PM EDT
I agree with this decision

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Link Posted: 3/18/2013 5:03:28 PM EDT
That was a really well reasoned and articulated ruling. While I don't care for the defendant, the court did the right thing.
Link Posted: 3/18/2013 5:11:10 PM EDT

Originally Posted By Justice23:
I agree with this decision

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Link Posted: 3/18/2013 5:11:39 PM EDT
Good ruling.

I can't say anything bad about the defendant either since I did not see anything about what the previous felony was. Maybe I missed it.
Link Posted: 3/18/2013 5:14:23 PM EDT
As a long time police officer, I wholeheartedly agree.


Originally Posted By dbrowne1:
That opinion is full of win, and entirely validates two major points I've made here on several occasions:

1. A Terry stop requires more than just being armed. There is a second prong, which is reasonable and particularized suspicion that the person is engaged in (or was/is about to be) criminal activity.

2. You cannot stop someone open carrying just to make sure he's not a felon.





Link Posted: 3/18/2013 5:15:53 PM EDT
Link Posted: 3/18/2013 5:16:04 PM EDT
Link Posted: 3/18/2013 5:16:46 PM EDT
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


The constitution is bullshit?
Link Posted: 3/18/2013 5:17:11 PM EDT
Good ruling. Agree completely.
Link Posted: 3/18/2013 5:22:50 PM EDT
Good ruling.
Link Posted: 3/18/2013 5:23:56 PM EDT
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?
Link Posted: 3/18/2013 5:26:38 PM EDT
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.
Link Posted: 3/18/2013 5:27:30 PM EDT
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


Link Posted: 3/18/2013 5:27:38 PM EDT
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


Amen!
Link Posted: 3/18/2013 5:27:41 PM EDT
Don't you know...we cops are magical and can SEE felons based on their auras. Didn't you hear??????


Originally Posted By Dan_Gray:
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


The constitution is bullshit?


Link Posted: 3/18/2013 5:28:24 PM EDT
Damn, Judge Gregory really took the cops to the woodshed in this one. No shortage of words like "absurd" and "irrational," and frustrated mentions of 4 decisions in 2011 alone telling police not to do shit like this.
Link Posted: 3/18/2013 5:29:06 PM EDT
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.

QFT
Link Posted: 3/18/2013 5:33:28 PM EDT
Originally Posted By Entryteam:
Don't you know...we cops are magical and can SEE felons based on their auras. Didn't you hear??????


Originally Posted By Dan_Gray:
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


The constitution is bullshit?




Long time no see! I need to talk to you!
Link Posted: 3/18/2013 5:35:06 PM EDT
NICE

We are not persuaded. Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.”


Link Posted: 3/18/2013 5:36:02 PM EDT

Message me or email me at grappler240@aol.com.


Originally Posted By Dan_Gray:
Originally Posted By Entryteam:
Don't you know...we cops are magical and can SEE felons based on their auras. Didn't you hear??????


Originally Posted By Dan_Gray:
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


The constitution is bullshit?




Long time no see! I need to talk to you!


Link Posted: 3/18/2013 5:36:32 PM EDT
This.


Originally Posted By E-Mag:
NICE

We are not persuaded. Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.”




Link Posted: 3/18/2013 5:47:12 PM EDT
Nice, we already had state level court precedent to the same effect here in Georgia, nice to see a Federal Court rule on the issue in a favorable way.
Link Posted: 3/18/2013 5:51:46 PM EDT
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


Your post is bullshit. The man was seized without cause. The cops didn't know he was armed, and didn't know he was a felon when they seized him. It was police lawlessness.
Link Posted: 3/18/2013 5:53:25 PM EDT
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.
Link Posted: 3/18/2013 5:54:20 PM EDT
Originally Posted By Dan_Gray:
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


The constitution is bullshit?


Apparently it is
Link Posted: 3/18/2013 5:55:06 PM EDT

Originally Posted By Entryteam:

Message me or email me at grappler240@aol.com.


Originally Posted By Dan_Gray:
Originally Posted By Entryteam:
Don't you know...we cops are magical and can SEE felons based on their auras. Didn't you hear??????


Originally Posted By Dan_Gray:
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


The constitution is bullshit?




Long time no see! I need to talk to you!



Get a room or take it to IM, you know that private message thing you can do in PRIVATE?
Link Posted: 3/18/2013 5:55:50 PM EDT
Originally Posted By FLAL1A:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.


Must be some good shit youre on.
Link Posted: 3/18/2013 5:55:56 PM EDT

Originally Posted By FLAL1A:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.
RIF. How can one be a free man without the ability to fully defend yourself?

Link Posted: 3/18/2013 5:56:28 PM EDT

Originally Posted By FLAL1A:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.
Oh those evil bastages
(sarcasm)

Link Posted: 3/18/2013 5:57:34 PM EDT
Originally Posted By FLAL1A:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.


Link Posted: 3/18/2013 5:59:42 PM EDT
Good decision.
Link Posted: 3/18/2013 6:05:42 PM EDT
Originally Posted By Entryteam:


I liked the part where the cop grabbed his arm and immediately felt Black's elevated pulse rate. That was awesome. I have taken a lot of pulses, and I don't recall ever being able to do that unless the patient was still and I was using a very gentle touch.
Link Posted: 3/18/2013 6:06:18 PM EDT
Sorry DAD.

Originally Posted By jrzy:

Originally Posted By Entryteam:

Message me or email me at grappler240@aol.com.


Originally Posted By Dan_Gray:
Originally Posted By Entryteam:
Don't you know...we cops are magical and can SEE felons based on their auras. Didn't you hear??????


Originally Posted By Dan_Gray:
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


The constitution is bullshit?




Long time no see! I need to talk to you!



Get a room or take it to IM, you know that private message thing you can do in PRIVATE?


Link Posted: 3/18/2013 6:07:38 PM EDT
Good ruling.
Link Posted: 3/18/2013 6:09:49 PM EDT
[Last Edit: 3/18/2013 6:11:36 PM EDT by Entryteam]
Folks, I just want to make it a statement on the record...that MOST of us would never bother with stuff like this if not for nosey busybodies that call in on people for bullshit reasons. I, personally, believe that everyone should be armed all the time. BUT....there are many others in my profession who do NOT do the job to MY standards, and who use all statutes and court rulings to wiggle out of personal responsibility. Please forgive those of us who take our oaths seriously.
Link Posted: 3/18/2013 6:10:36 PM EDT
Guess I don't have to be worried about being hassled for open carrying here in Charlotte. They got their pp spanked.
Link Posted: 3/18/2013 6:10:44 PM EDT
Originally Posted By E-Mag:

Originally Posted By FLAL1A:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.
RIF. How can one be a free man without the ability to fully defend yourself?



Like with a hand missing?
Link Posted: 3/18/2013 6:11:08 PM EDT
Originally Posted By shorse:
Mr. Black was a previously convicted felon ...................the rest is bullshit


Quisling
Link Posted: 3/18/2013 6:11:19 PM EDT
Originally Posted By SCAR17:
Originally Posted By FLAL1A:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.


Must be some good shit youre on.


Read the Constitution some time, genius. Start with the 5th Amendment.
Link Posted: 3/18/2013 6:12:10 PM EDT
Originally Posted By 7255:
Originally Posted By FLAL1A:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.


http://lolforumpictures.com/orly/orly.gif


Read the 5th Amendment, then come back and admit you are talking out of school.
Link Posted: 3/18/2013 6:12:43 PM EDT
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


Or if you're caught running red-dye diesel on a paved road... Also a felony.
Link Posted: 3/18/2013 6:14:40 PM EDT
Originally Posted By SCAR17:
Originally Posted By FLAL1A:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.


Must be some good shit youre on.


...nor be deprived of life, liberty, or property, without due process of law

That due process of law causes felons to forefit certain natural rights.
Link Posted: 3/18/2013 6:18:08 PM EDT

Originally Posted By dbrowne1:
That opinion is full of win, and entirely validates two major points I've made here on several occasions:

1. A Terry stop requires more than just being armed. There is a second prong, which is reasonable and particularized suspicion that the person is engaged in (or was/is about to be) criminal activity.

2. You cannot stop someone open carrying just to make sure he's not a felon.


Link Posted: 3/18/2013 6:18:16 PM EDT
[Last Edit: 3/18/2013 6:19:00 PM EDT by FLAL1A]
Originally Posted By JellyBelly:
Originally Posted By SCAR17:
Originally Posted By FLAL1A:
They believed in depriving people of life and mutilating them, as well as locking them up. They had no problem depriving people of natural rights.


Must be some good shit youre on.


...nor be deprived of life, liberty, or property, without due process of law

That due process of law causes felons to forefit certain natural rights.


Also, ". . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. . . ." What, pray tell, do the great minds in this thread think it means to be placed in jeopardy of limb? Hmmmm?
Link Posted: 3/18/2013 6:19:50 PM EDT
Originally Posted By deputyrpa:
Originally Posted By Dan_Gray:
Originally Posted By deputyrpa:
Good decision. In addition, why do so many folks think all felons should lose this one right (regardless of what it was for), but not the others, such as were ruled upon here? So many felonies are non-violent, no-victim "crimes", unlike the first 200 years of our country. For instance, should I lose my natural right to self-defense if I get caught with an unregistered EBR under my state's new SAFE Act law?


I believe that the founding fathers would be appaled at the idea of taking away someone's rights. If they can't have their rights fully restored, put them back in prison. No free man should be kept from his natural rights.


Amen!


Damned libertarians and their crazy notions of freedom






I completely agree!!!
Link Posted: 3/18/2013 6:24:03 PM EDT
[Last Edit: 3/18/2013 6:26:04 PM EDT by Justice23]
Originally Posted By Iamnotanumber5:
Originally Posted By Entryteam:


I liked the part where the cop grabbed his arm and immediately felt Black's elevated pulse rate. That was awesome. I have taken a lot of pulses, and I don't recall ever being able to do that unless the patient was still and I was using a very gentle touch.


You ever have to take Pookies pulse when he is bugging out because he's going inside for 7-10 and fight or flight is kicking in?

I have felt people's hearts racing by grabbing their arms (near the wrist) before.




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