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Posted: 9/17/2009 4:38:30 AM EST
Link Posted: 9/17/2009 4:42:14 AM EST
Being a nutty ass drunk doesn't mean the bill of rights doesn't apply to you.
Link Posted: 9/17/2009 4:43:20 AM EST
What kind of sense does it make to the the attorney's office advisor be someone without a law degree if the PD appearantly uses the position for legal advise?
Link Posted: 9/17/2009 4:46:44 AM EST
found the receipt for a "sniper rifle" in his wallet??
Link Posted: 9/17/2009 4:49:08 AM EST
Originally Posted By SmilingBandit:
What kind of sense does it make to the the attorney's office advisor be someone without a law degree if the PD appearantly uses the position for legal advise?


+1.

A big WTF there. Not sure how "I'm drunk and running my mouth in public" translates into a LEGAL search of one's home - unless the guy was directly making threats in front of officers. Searching a home on third-party "I thought I heard him say 'you Lie, boy'" is completely irrelevant and hopefully the guy wins a payoff.

More "we know how to protect you better than you do" stuff. love it.
Link Posted: 9/17/2009 4:54:15 AM EST
[Last Edit: 9/17/2009 5:10:50 AM EST by raysheen]
disregard

Link Posted: 9/17/2009 4:56:33 AM EST
Originally Posted By hubcityraider:
found the receipt for a "sniper rifle" in his wallet??





Link Posted: 9/17/2009 4:59:31 AM EST
Originally Posted By raysheen:
hmmm...I imagine that they only argument the prosecution could make was that they thought he was in imminent danger of hurting himself or others due to his words.
I hope/doubt that argument doesn't hold water and that the case is thrown out.


It's fairly tough to imagine a circumstance where he could be an imminent threat when he's sitting in a cell for other charges.
Link Posted: 9/17/2009 5:05:57 AM EST
Wow. They fucked that one up.
Link Posted: 9/17/2009 5:10:36 AM EST

Originally Posted By SmilingBandit:
Originally Posted By raysheen:
hmmm...I imagine that they only argument the prosecution could make was that they thought he was in imminent danger of hurting himself or others due to his words.
I hope/doubt that argument doesn't hold water and that the case is thrown out.


It's fairly tough to imagine a circumstance where he could be an imminent threat when he's sitting in a cell for other charges.

ahhh yes I missed the part where they arrested him before that thanks!
Link Posted: 9/17/2009 5:17:05 AM EST
whoops!

Would've delayed them probably an hour to do it the right way...
Link Posted: 9/17/2009 5:21:09 AM EST
Originally Posted By Bama-Shooter:
“He comes from the West,” he said. “I guess that comes with the territory.”


Yeah. Because New England has no historical connection to firearms and shooters. Such revisionism is why I'm an ex-NYer, current Coloradan and probably future Texan (because MT might secede first but Texas has ports and will probably last longer).

Absurd.

Link Posted: 9/17/2009 5:22:45 AM EST
Link Posted: 9/17/2009 5:27:01 AM EST
Sniper rifle = crossman 760 pumpmaster with $10 4x scope .
Link Posted: 9/17/2009 5:28:16 AM EST
Stupidity all around.
Link Posted: 9/17/2009 5:34:02 AM EST
Originally Posted By fatboy79:
Sniper rifle = crossman 760 pumpmaster with $10 4x scope .


I see you've been reading your guide to firearms identification.


That's correct, BTW. Anything of a larger caliber would technically be classified as an anti-aircraft rifle.
Link Posted: 9/17/2009 5:35:40 AM EST
someone IM me and let me know if you know a place where I can obtain one of these "sniper rifles", I'm really tired of bolt action .308's with optics....
Link Posted: 9/17/2009 5:41:16 AM EST
Originally Posted By xjronx:
Originally Posted By hubcityraider:
found the receipt for a "sniper rifle" in his wallet??



http://img15.imageshack.us/img15/9655/receet.jpg




Right click. Save as.
Link Posted: 9/17/2009 5:41:38 AM EST
[Last Edit: 9/17/2009 5:42:16 AM EST by Old_Painless]
Link Posted: 9/17/2009 5:43:56 AM EST
illegal possession of an assault weapon



Am I reading this right?


NH doesn't have any type of ban.

It's not like CT or NY
Link Posted: 9/17/2009 5:44:29 AM EST
[Last Edit: 9/17/2009 5:48:29 AM EST by chadwick76]
I'm sure there is definately some issues with the way the popo handled it, but WTF. What d-bag goes runnning his head about stupid shilt like that, good, i hope the little asshole misses his weapons.. Doesnt sound like he needs them for a little while.
Link Posted: 9/17/2009 5:44:38 AM EST
If they have you under arrest, aren't police allowed to search your residence without a need for a warrant?
Link Posted: 9/17/2009 5:45:03 AM EST
Link Posted: 9/17/2009 5:45:56 AM EST
Originally Posted By vermont2nd:
If they have you under arrest, aren't police allowed to search your residence without a need for a warrant?


Only if they arrest you in your house. And even then they can't turn the place inside out. "Reachable area" type search.
Link Posted: 9/17/2009 6:04:55 AM EST
Slightly different set of events of this arrest is detailed at a New Haven Register story on this arrest (below). One thing folks who don't live in CT don't realize is we do have a gun seizure law on the books here. The law basically says "State law allows police, after investigating and determining probable cause, to get a court warrant and seize guns from anyone posing an imminent risk of harming himself or someone else." More information on this law, including seizure data can be found at this link.

If the article below is correct than he should have been arrested as he was carrying a firearm without a permit (not even going to into the being drunk part) which is a big NO NO here in CT. Now if the police didn't get a warrant than everything seized in the home could get tossed in court.

http://www.nhregister.com/articles/2009/09/17/news/new_haven/a3-neremington.txt
Yale medical school doctor faces weapons counts
By William Kaempffer, Register Staff

NEW HAVEN — A Yale School of Medicine psychiatry resident was himself recommended for psychiatric evaluation after he allegedly boasted that he liked to “hurt people,” flashed a gun and made unwanted sexual advances toward women at a State Street bar.

Later, police seized what they described as an “arsenal” from his Mechanic Street home, including two sniper rifles and assault weapons. Some were possessed illegally, police said.

The doctor, Robert Remington, 31, is due in court today to enter a plea to charges of carrying a pistol without a permit, carrying a pistol while drunk, breach of peace and two felony counts of illegal possession of an assault rifle. He was free on $250,000 bail, his attorney said.

Police were called to Dolci, an upscale State Street bar, Sunday night on a report of a customer flashing a gun, and found Remington, who was wearing track pants and an orange shirt, outside with a gun in a fanny pack holster. Staff told police that while inside he allegedly rubbed up against women and, at one point, tried to kiss a customer on the neck. When she told him to leave her alone, he took out a gun and showed it to her. After all his advances were rejected, he allegedly became angry and began yelling, “I love violence,” and stated he wants to kill everybody, according to court records.

He allegedly called himself the “Savior of Death.”

Officers arrested him at the scene and later filled out paperwork for a psych evaluation, although they never acted on it, his attorney John R. Williams said this week.

According to court records, what brought police to his house, along with what an officer described as Remington’s “angry and delusional rants” and a misdemeanor gun conviction in California, was a receipt in his possession dated Aug. 29 for a 338 mm sniper rifle and accessories.

At his house, police found the other weapons, including four assault rifles, two shotguns, two handguns and two sniper rifles, a .50-caliber and the 338 mm, gas masks, a stun gun and 2,000 rounds of ammunition. One of the handguns was a loaded .40-caliber next to an empty bottle of Kettle One vodka, police said.

None of the weapons was reported stolen.

Yale University spokesman Tom Conroy confirmed that Remington was a resident in a psychiatry program at the school of medicine. While he said the university was aware of the arrest, he wouldn’t comment if the university took any action because of it.

Williams downplayed the incident.

“It doesn’t strike me as that big of a deal,” he said. “It’s claimed that he had too much to drink at a bar and said some inappropriate things that may or may not have happened.”

As for the assault weapons charges, Williams said, “I don’t think that’s likely to get into evidence.” He noted that police contacted an inspector with the state’s attorney’s office about getting a search warrant to enter the house and were told they could go in without one because there was a “public safety concern.”

“The search almost certainly was unconstitutional,” Williams said.
Link Posted: 9/17/2009 6:05:49 AM EST
Originally Posted By Old_Painless:
Originally Posted By vermont2nd:
If they have you under arrest, aren't police allowed to search your residence without a need for a warrant?


Absolutely not.



Thanks.
Link Posted: 9/17/2009 6:07:02 AM EST


When procedure isn't followed, criminals and terrorists get off scott free. Just look at Bill Ayers.

Seems like very poor police work to me.
Link Posted: 9/17/2009 6:07:47 AM EST
was a receipt in his possession dated Aug. 29 for a 338 mm sniper rifle and accessories.


Holy crap! A 13+ inch bore sniper rifle!
Link Posted: 9/17/2009 6:12:54 AM EST
Originally Posted By Texkaw:


When procedure isn't followed, criminals and terrorists get off scott free. Just look at Bill Ayers.

Seems like very poor police work to me.


This man is not a criminal.

The state just really wishes they could make him one.
Link Posted: 9/17/2009 6:13:43 AM EST
On the weapons, Williams said Remington “does have an interest in firearms.”

“He comes from the West,” he said. “I guess that comes with the territory.”


Hey, fuck you buddy.
Link Posted: 9/17/2009 6:14:30 AM EST

Originally Posted By SmilingBandit:
was a receipt in his possession dated Aug. 29 for a 338 mm sniper rifle and accessories.


Holy crap! A 13+ inch bore sniper rifle!

It's mostly for sniping ships and space shuttles.
Link Posted: 9/17/2009 6:14:38 AM EST
Originally Posted By Texkaw:


When procedure isn't followed, criminals and terrorists get off scott free. Just look at Bill Ayers.

Seems like very poor police work to me.


+1, sounds like a clusterf@#!. If they have justification for a search, getting a warrant shouldn't have been a problem.

Link Posted: 9/17/2009 6:14:56 AM EST
Search was probably legal.

This is CT's 'turn in your neighbor' law in action.
Link Posted: 9/17/2009 6:17:29 AM EST
Link Posted: 9/17/2009 6:17:54 AM EST

Originally Posted By Old_Painless:
Originally Posted By vermont2nd:
If they have you under arrest, aren't police allowed to search your residence without a need for a warrant?


Absolutely not.


Only if you ask the police.
Then they will say "Do we have your permission?"
Link Posted: 9/17/2009 6:25:43 AM EST
Originally Posted By SmilingBandit:
was a receipt in his possession dated Aug. 29 for a 338 mm sniper rifle and accessories.


Holy crap! A 13+ inch bore sniper rifle!


One of these?

USS Alabama (Battleship # 8)
Champion guns crew with Lieutenant Lewis J. Clark, 1903. They are posed with a 13-inch shell, on the foredeck in front of the ship's forward 13"/35 gun turret.



Link Posted: 9/17/2009 6:28:04 AM EST
[Last Edit: 9/17/2009 6:31:38 AM EST by FTO-57]
Originally Posted By vermont2nd:
If they have you under arrest, aren't police allowed to search your residence without a need for a warrant?


Only if the arrest is in the house, and then it is only the area in "lunge" distance, however if he is secured they should "freeze" the area and go get a warrant. He was arrested at another location, this is a illegal warrant less search. There is no excuse for this warrant less search. He was not a danger if he is under arrest and secured. They had all the time in the world. Charges based off the search should be dropped by any DA/CA with half a brain and intregity. They may have had more than enough PC for a warrant but screwed it by taking a short cut. I have seen what would have been good cases destroyed by LEO taking short cuts. Taking advice from a non atny is a big FAIL.

Link Posted: 9/17/2009 6:28:23 AM EST
Should have gotten a warrant. I'll bet also that, as soon as the charges are dropped etc., they refuse to return his firearms.
Link Posted: 9/17/2009 6:29:58 AM EST
Bad search.

Posted Via AR15.Com Mobile
Link Posted: 9/17/2009 6:30:04 AM EST


On the weapons, Williams said Remington “does have an interest in firearms.”

“He comes from the West,” he said. “I guess that comes with the territory.


Sure does.
Link Posted: 9/17/2009 6:35:02 AM EST
There was a recent case (IIRC) where a man's car was searched when an officer received (what later proved to be incorrect) information that the man was wanted.

Some records glitch resulted in the dispatcher reporting that a warrant was open, when it had actually been withdrawn.

The court ruled that because the responding officer searched in good faith, and the dispatcher's mistake was not malicious, the results of the search were allowed.

How does this case differ (or how off is my recollection)?

Both are troubling to me.

Link Posted: 9/17/2009 6:39:44 AM EST

Originally Posted By TheTracker:
illegal possession of an assault weapon



Am I reading this right?


NH doesn't have any type of ban.

It's not like CT or NY
Yale isn't in NH...you are likely thinking of Dartmouth. Yale is in CT and they have an AWB unfortunately.

Link Posted: 9/17/2009 6:44:25 AM EST
Police decided to visit Remington’s home because they were alarmed by his “angry and delusional rants,” Forte said. Police also found receipts for a sniper rifle in his wallet, she added. When police arrived at the house on Mechanic Street, a sergeant contacted Lawlor, who said that a warrantless search would be fine because of the “public safety concern,” according to Forte’s report.


There's so much WTF in that quote alone I don't know where to start.
Link Posted: 9/17/2009 6:52:24 AM EST
A crazy psychiatrist.

Way to go Yale.



B.
Link Posted: 9/17/2009 7:06:11 AM EST
They didn't seem to have any grounds for a warrant, other than that "seizure for self protection" law. I suspect that a legal battle might ensue if illegal items were found in a search pursuan to that law, as it does not require probable cause of an offense.
Link Posted: 9/17/2009 7:09:44 AM EST
Link Posted: 9/17/2009 7:10:07 AM EST
[Last Edit: 9/17/2009 7:10:40 AM EST by Old_Painless]
Link Posted: 9/17/2009 7:12:07 AM EST
Link Posted: 9/17/2009 7:16:59 AM EST
He could have been repeating what his VA clients were telling him.... maybe just a hippa violation
Link Posted: 9/17/2009 7:18:51 AM EST
Originally Posted By Dan_Gray:
Being a nutty ass drunk doesn't mean the bill of rights doesn't apply to you.


Thank goodness.
Link Posted: 9/17/2009 7:20:32 AM EST
Originally Posted By hubcityraider:
found the receipt for a "sniper rifle" in his wallet??


Yeah- I have one:

(1) High-powered assault weapon suitable for sniping and bring down commercial aircraft.

Says so right on the receipt
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