User Panel
Correct. in every prior arrest he ws given diversion, which results in no conviction at all. Or plead down to a misdemanor. |
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You better put a front plate on that Z, swabbie! |
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Sorry to hear it. Had to be frustrating as hell.
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Just the way it works in the game of cops and robbers. |
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A 6'2" 145# guy is muscle? |
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Without reading all three pages, just let me say that apparently you've never heard of felon in possession of a prohibited weapon? Maybe you've heard of Project Safe Neighborhood (PSN).
You SHOULD have arrested him as a felon in possession of a firearm, to wit the ammunition. I hope you took the ammo, then you can contact your friendly neighborhood federal agent, and we'll adopt the case, and indict him federally. Your problem is then solved. Maybe this was already listed above, but I'm not going to read anymore. EDITED: OK, I read it. The only thing I'll change is that you should have done what I said above. Even discounting the no felonies, he is a drug addict, and the same 922 applies. If you want to get this guy off your beat, do as i mentioned above. Maybe spend a little more time finding out how to police up your district imaginatively and less time making almost twenty thousand posts on here. |
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I think you should read it. |
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This is ARFCOM- We'll do both. |
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A Leatherman or Gerber. |
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This is BS, I would be shocked if the guy was really a cop.
(And I checked his thousands of cop posts and you are a Defense Attorney's Dream) Why didnt you make contact with the owner of the so called Meth House ? You then get to identify the so called owner of the Meth Lab house. He knows your out there, so he is all ready alerted that the police are there. What if the guy was about to do a Home Invasion and the owner gets killed after you leave? Guess who is gonna be in civil court? Dude all kinds kinds of shit in the car that should have alerted you to a possible problem. And believe it or not bad guys will talk to the police most of the time. What if the owner states that he doesn't know him, you have a good Prowling Charge with PC for the car. You can then even charge him with the Burglary tools, the State will might drop them, but it makes the bond higher. Even if he does work for the Meth lab guy, it will cost the Meth lab guy money to bail his worker out because he doesnt want the guy to rat him out. . After you arrest the guy, I am sure the Narc guys would love to talk with this guy.. |
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I'm curious, the articles you describe finding along with the prior arrests don't meet the standard of reasonable suspicion for searching the entire vehicle? Or have I just mixed up the terminology and procedures.
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I would hope that the "burglary tools" laws are enforced with some common sense by most cops. As a well prepared individual, I always have tools in my trunk, and cold weather gear including a balaclava this time of year.
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Dude, he was just a dedicated, dog fearing maintenance man with amnesia. Duh! |
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I assure you its true.
For over 12 years.
They never seem to think so after court. I never lost a supression hearing in over 12 years. I did lose a jury trial once though.
I already know her. I saw her in court the morning before this occured in fact.
We dont have a section for "possible problem" in the CPC. "Prowling" here involves looking in windows or entering fenced backyards. No such thing as "prowling" in a car on a public street. Plus in this state the misdemeanor must be committed in your presence to arrest. As for bail/bond. Is is set by the most significant charge. We dont total up the bail for each charge. Most misd offenses are cite & release. violent misd violations like Assault & Battery or resisting arrest are $500.00 |
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1. Not a convicted felon 2. Our jails are filled to 100% capacity 24/7. We dont enforce violations of federal law and this guy is way too much of a small fish for them to even care about. |
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I'm now convinced you play a mall ninja on the internet. You MAY BE a security guard in real life.
Why didn't you address the rest of my post. If you have a problem with this individual, his partners, and this meth house, then why not do something constructive. I GUARANTEE you that your narcotics guys enforce federal drug/gang, and gun laws. As I stated, he does NOT need to be a felon for the firearm charge to stick. If you really had a lot of calls for service in this neighborhood, you would use those tools that exist. You note, I didn't say, take this to the USAO (US Attorney's Office), I said get with your narc, or gun, or gang unit, if you don't have any fed counterparts, and they will get this problem resolved. BTW, most jails are near or over full. Using your logic, I'm guessing you never arrest anyone, "because our jail is full". You are either the laziest cop I've ever read about, or a mall ninja. I'm betting on the latter. Now I will not post on this anymore, as you are a poseur, incompetent, or worse. |
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What firearm are you referring to? |
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Think what you want. I've been a cop for over 12 years. Hell other people from this board have attended awards ceromonies for me.
Got a specific question you want answered?
Okay, and you may be right. Im suprised to hear the feds would give a shit about a druggy with some ammo. |
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v188 ... why are you being such a d***head to AR15fan?
He is a cop alright. Who the frack are YOU? |
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Our jails are kept full enforcing the CPC, CVC, H&S, and B&P codes, state law. We are not going to enforce federal law. its not our job. |
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He is just ignorant about the realities of sourthern California LE work. He's probably looking at it from the perspective of his states penal code/laws of arrest and forgetting that different states have different rules. |
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Some people would argue that I had PC to search the entire vehicle. I prefer to error on the side of caution. I would hate to have a case rejected by the DA or lose evidence in a supression hearing over a bad search. Left alone, these people self destruct. I can catch him next time. |
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Why don't you head on over there and post it if you are so concerned about what goes on assaultweb? |
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If he was a convicted felon, it is a federal crime to have ammo in his pocession. **Read all the posts--so he was not a convicted felon, but WTF, in KS maunfacture or attempted manufacture is a Level 1 drug felony and it is against state law to give a diversion or plea it down to misdemenor, this = mandatory prison time...no wonder CA has so many methheads spreading throughout the country. |
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The meth cooks van was in the driveway. The guy with the ammo was parked in the street and has no felony convictions. |
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Come on guy! You don't really feel that way do ya??? |
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that's fucked! my friend got 8 years on his first offence of conspiracy! |
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I think it would be funny to hear a story about some thug wearing jack boots getting busted by the police.
"I busted a JBT today!" |
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Sounds like AR15fan gathered some intel about this guy that will bear fruit in the near future.
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so in cali whe you run someones name through ncic, it tells you what guns are registred to them??? i have never heard this, as i am in law enforcent also and even running a triple I on them will not tell you that?? so whats the deal here?
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-1 JBT points for you.
Should have smacked him about some with your mag light or asp then lit him on fire while interrogating him about the meth and guns. Damn lazy cops :) I'm sorry, I guess i'm not too tolerant of adult drug heads. I can almost forgive the young dumb ones who are just acting stupid...until they turn into adult dummies. |
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AR15fan
I have a few questions. But first, I appreciate the service. Yes, I'e read all the replies. In CA, what are the precedents for a conviction of manufacture, and how do they relate to possession with intent to sell? Is possession with intent to sell a felony, or do they offer the diversion program for that, too? What I'm wondering - I guess - is if the charges are constituent with only the highest charge, so his prior convictions were either intent to distribute or intent to manufacture. Or are they rolled up into one charge? I just cannot fathom a judge imposing such a light penalty for someone caught in the act of manufacturing who was also in possession of the finished product in a quantity that meets intent to distribute parameters. I always thought those were two separate charges and did not qualify to be served concurrent? I know MS charges carry probation, but since he did state time wouldn't he also be assigned un-supervised (no felony) parole? Or do they negate parole except for felons or excuse parole upon successful completion of the diversion program? Can you put pressure on his PO to revoke and recommend the time set aside in the diversion alternative be served? I'm sure you thought of that and you'd of done it if possible, but you don't know if you don't ask. Does CA not suspend/revoke DL for a narcotics conviction? No flaming and I am not critiquing your handling of the situation, I am just curious. And no, I am not associated with LE or prosecution or defense. These questions just popped into mind when I was reading. Oh, and if he WAS a convicted felon, is it illegal for him to possess ammo without a firearm? Thanks in advance for the clarification, and watch your six out there, bro. ETA: stupid typos |
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I think it is illegal for a felon to posses ammo..
What anout the three strikes and your out law? I heard a guy got sent to prison for the rest of his life for stealing a slice of pizza because it was his third conviction... |
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3-strikes only applies to certain felonies like burglary and robbery. The "stole a slice of pizza" guy was convicted of robbery becuase he took the pizza from some kids, telling him he would kill them if they didnt give up the pizza. It was not petty theft of pizza. it was robbery of three juveniles victims. |
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No, not ncic. We register handguns and AW's here and that info can be pulled up on our mobile data computers or run by dispatch. |
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No diversion for sales or manufacturing. Probation is a possibility, but not a diversion program like Drug Court or NA meetings.
With our court load its common to plead to the significant charge in exchnge for dismissal of all the lessor charges.
Govenor Arnold has made it tough on Parole Agents. He doesnt want people violated for non violent violations of their parole. In fact his recomendation for people caught dealing meth is to assign them to a "computer learning lab" rather than revoke their parole.
The DMV can if you are narcotics addict who is not in a treatment program. But an arrest and conviction for non narcotic illegal drugs does not usually result in a license suspension. |
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OK, maybe I am missing something then? Didn't this guy have 3 convictions for manufacture? If they don't offer the diversion for that, how did he get diversion? I HAVE to be missing something...
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Your are confusing different vehicles. The meth cooks van was inthe driveway. He was never sentenced to diversion for manufacturing. he got county probation, county jail time and priosn time. The guy in the car in the street was never arrested for manufacturing. just Simple possession. |
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Ah, I gotcha. Thanks for the clarification, as I thought the guy you talked to in the car was a three-time for manufacture. I just read it wrong. Again, thanks for the service. I'm not a real big fan of all the little stupid laws the politicians make, but I do appreciate the individual officers who are responsible and respectful. Read my book - I need the money. |
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Dude, You're a fucking idiot. Go buy yourself a clue. |
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FNC
I have a clue. In fact, why don't you head down this way, in the same scenario that has been presented here. I GUARANTEE I will arrest you, present it to the grand jury (federal) and YOU will be convicted of violating federal guns laws. A drug addict in possession of ammo and/or firearm is sufficient. I think you FNC should volunteer to be this guy. I have a clue. This CA guy, may be a cop, but it doesn't appear that he is very inventive in ways to rid his area of crime. I know PSN is working in CA. He apparently is popular here, as he must post constantly. None the less, someone who supposed worked for ~2 years on a narc squad and doesn't know how to handle this is........well, lacking in investigative and problem solving. Maybe that's why he's back "outside" and not "inside" in an investigative position. I am a fed, I have been for almost 20 years, I've worked in major cities, NYC, DC, and Chicago. I'm currently in St Louis. I've been detailed out to LA. I know each area has subtle difference in what the US Attorney's Office will prosecute, and how regional task forces of feds, state, and local LEO's are configured. I almost never post to these type discussion,s as you get responses for someone like you, who obviously doesn't know much! Have a nice day! |
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I served 20 months in an 18 month assignment. My choises were go to another regional task force, promote to investigator, promote to Sgt or go back to a black and white. I chose a black and white because I'm not tired of being a cop yet. When I get bored with doing police work I'll promote to investigator so i can take those long lunches and labor over a never ending case load of cold burglary and theft reports. Being an E-5 in the USMC taught me enough about myself to know I'm not cut out for being a Sgt, regardless of what the chief and current Sgts believe. I do hope that someday we start enforcing federal law, specifically immigration law. |
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you know, guys, this is just my .02, i like the cop.
thanks, dude. sorry you weren't in my neighborhood. really nice to know you're out there looking out for my shit at 0300. i like the cop guy... sorry, never had a prob with the law or law-men/women. and they've never had a prob w/me either. odd, how that works. for those guys who call him a JBT, get real... who you gonna call when some asshat rips you off. a meth head? |
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Sorry, but you don't. You may think you do, based on what you read on your screen, but that's your interpretation with a large side order of assumption. AR15fan is a recognized LEO within his agency, for the very things you assume he is not. He is surprisingly restrained in his posts and has a fair amount of humility. Yes, it was a very nice award ceremony with lots of impressive people. |
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If I had one bitch about LE it's not the guys on the street, it's their superiors who send them on "sobriety/seat belt checkpoints" and speed traps, rather than investigating and solving real crimes. When you get ripped off around here, it's a case of fill out the report form, which will immediately be filed and forgotten, and have a nice day. I've been robbed twice and had good evidence for them to use, including the names of the thief (who told me he took the shit), and they still refused to do anything. And one of the thefts was a GUN! |
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That and I think their rules for searches and PC guidelines are a joke. They can pull you over and search you here in Iowa for absolutely any reason they dream up.
Again, I know it isn't the uniformed LEO's that are to blame for this... |
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With your understanding of the law and the information posted, do you believe I unlawfully detained this person, or violated his forth amendments rights by doing a terry frisk? I'm sure there are some cops who do illegal searches. But i tend to belive the average cop has only a basic knowledge of search & seizure law and most people who do not work in LE/Courts are just plain ignorant of search & seizure laws. Staying well educated on the subject takes deliberate effort. seeking out everyhting you can read on the subject and new case law as rapidly as it comes down. That said, I think people sometimes believe they were the victim of an unlawfull search out of ignorance. This is especially true in non search situations like inventory inspections subsequent to towing. |
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