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Posted: 2/5/2002 2:34:26 PM EDT
[Last Edit: 2/5/2002 2:36:42 PM EDT by eje]
Remember the guy in Pasadena, California, who got arrested last year for having machine guns (the cops found them while searching his house for a robbery suspect)? He plead guilty last fall to unlawful possession of 11 machine guns, and got sentenced yesterday: [url]www.latimes.com/news/local/la-000009106feb05.story[/url] I guess I'm kind of surprised that he didn't get any jail time. Can anyone speculate why not?
Link Posted: 2/5/2002 2:48:42 PM EDT
All I can say is that's sad... can't own another gun again and had his arsenal forfited... Who needs jail time with a sentance like that.
Link Posted: 2/5/2002 4:27:52 PM EDT
speculate why: No Criminal History No active participation in crime other than per se ownership of contraband weapon - no victim Collector defense (sympathetic) Weak search, hence fruit of poisonous tree DA has better things to do than enforce legislated crimes by overzealous pols.
Link Posted: 2/5/2002 4:38:32 PM EDT
First, he got off LIGHT. Second, he should have got off scot-free if he'd had a good lawyer defending him. Evidence gathered in an unwarranted search is not admissible. If the police entered his residence without a warrant or permission, he had a case for illegal search and seizure. He should have gotten back at least the assault rifles, if not the unregistered machineguns. But then again, if they know you have an unregistered machinegun, they HAVE to do something. That's just not legal to have, and that's all there is to it, no matter what state you're living in. I feel sorry for all those nice guns that are going to get burned, sheared, or torch cut. I hate to see good hardware wasted. CJ
Link Posted: 2/5/2002 5:44:32 PM EDT
[Last Edit: 2/5/2002 5:46:31 PM EDT by sulaco]
Originally Posted By Robertesq1: ... Weak search, hence fruit of poisonous tree ...
View Quote
I don’t know the specifics of this case but it sounds like a case of the ‘fresh pursuit’ doctrine. If a police officer is in pursuit of a person, and that person enters [b]your[/b] home then the police officer can legally enter your home chasing that person and [b]ANYTHING[/b] he senses while in your home would be admissible as evidence against [b]you[/b]. Of course there are limitations, he can not search your place, he would need a search warrant for that. One thing to remember, evidence collected via the Plain Sight and Fresh Pursuit doctrines are not considered as evidence that was collected via a search.
Link Posted: 2/11/2002 8:07:19 AM EDT
I thought that the possession of unregistered machine guns was a federal offense and subject to a 10 year prison term. It seems they would have nailed him on that alone. It sounds like he got real lucky with only probation.
Link Posted: 2/11/2002 9:06:59 AM EDT
The real question is whether or not the owner of the unregistered machine guns had them in plain sight within his residence or whether or not all of his firearms were locked up in a safe (out of plain sight). If they were in plain sight of an officer in hot pursuit of a fugitive, then the owner is out of luck. If NO contra-band was in plain sight and were locked up, then the officer's search of the premisis was unconstitutional except for those areas where he has reason to believe that a suspect may actually be hiding. Moral of this story: A Gun Safe is really worth its weight in gold. Not only to protect your firearms from fire and theft. But also to prevent any firearms from laying around in plain sight of an officer in hot pursuit of a suspect/fugitive. If there is NO probable cause, then police will have a harder time getting a search warrant.
Link Posted: 2/11/2002 9:20:38 AM EDT
I'm really not sure how the facts of the search would have any effect on the sentence. I think that by pleading guilty, he gave up any defenses based on the propriety of the search.
Link Posted: 2/11/2002 9:45:59 AM EDT
If I remember correctly the cops were there because of the amred robbery suspect crashing into the backyard, I think his vehicle actually ended up in a pool. While the officers were looking for the BG, they noticed a large collection of weapons displayed inside the house, readily visible................
Link Posted: 2/11/2002 11:11:32 AM EDT
[bI'm really not sure how the facts of the search would have any effect on the sentence. I think that by pleading guilty, he gave up any defenses based on the propriety of the search.[/b] Actual effect on sentance..... Sentences, particularly those made pursuant to a guilty plea are often worked out in advance. i.e. for the no jail recommendation by prosecutror and for the defendant to agree to a plea of guilty. The factors listed are probly those considered by the prosecuter when agreeng to a no jail sentence.
Link Posted: 2/11/2002 2:35:34 PM EDT
Thanks Robertesq1. I didn't know how the search could factor into the sentence.
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