O
looking for laws to help fight harrassment by LEOs
- Thread starter Jimmy Dean
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carry
Gentle men: it has been a real eye opener for a first time poster.
having said that I feel the whole problem is in the law.but then again maybe not.having come from what is considered a bad state,Mass,I have a different take.a permit in Mass covers all forms of carry.concealed and open.exposing the gun does not become a crime.unless used.may be the SCOTUS will settle
the whole thing.
as to leo shooting expertize Woonsocett RI, 50 rds 3 minor hits.
Natik Mass State trooper 357 fired 12 shots perp shot once one in ST leg.
perp survived.
some of use(a lot) are ex military.I have in the past shot 45 acp on 200 yds and hit.38 and 45 on 50 yd and in the x ring.cant do it now.a little more shaky.
courts have ruled police dont have to respond to calls for help.
and gentlemen N.O. hurrican did not make people have a lot of faith in LEOs.
Gentle men: it has been a real eye opener for a first time poster.
having said that I feel the whole problem is in the law.but then again maybe not.having come from what is considered a bad state,Mass,I have a different take.a permit in Mass covers all forms of carry.concealed and open.exposing the gun does not become a crime.unless used.may be the SCOTUS will settle
the whole thing.
as to leo shooting expertize Woonsocett RI, 50 rds 3 minor hits.
Natik Mass State trooper 357 fired 12 shots perp shot once one in ST leg.
perp survived.
some of use(a lot) are ex military.I have in the past shot 45 acp on 200 yds and hit.38 and 45 on 50 yd and in the x ring.cant do it now.a little more shaky.
courts have ruled police dont have to respond to calls for help.
and gentlemen N.O. hurrican did not make people have a lot of faith in LEOs.
I will speak to him directly as well. The reason I pointed out your post is because I found it a tad too personal. I apologize for appearing to have singled you out but I can assure you that the issue is being handled on the other side as well.
I have in the past shot 45 acp on 200 yds and hit.
and gentlemen N.O. hurrican did not make people have a lot of faith in LEOs.
I did that too!...once...the steel went *TINK*.
You're right about the people's take on Law Enforcement, and of course with all of the exposure of LEO Abuse it is an ever climbing issue.
Now, more than ever, LEOs have a -duty- to improve their relations with Citizens at every given opportunity.
It's great that someone with your age and experience has decided to join our forum, very glad to have you!
4sooth
enthusiast
Open Carry Confrontation
Jimmy Dean--here is a decision by the Louisiana State Supreme Court circa 1995 from Westlaw via my attorney.
From one of the last paragraphs "the public display of a openly carried handgun IS NOT A CRIME in Louisiana and is not alone probable cause for arrest".
Note--"is not a crime".This means it is not ANY KIND of crime in this state.The law enforcement community is not well versed in this decision or in "State vs Fluker" which says the same thing as well as explaining that partial concealment is not a violation of the law either.
Since OC is not a violation of law then for a officer to approach you there must be another articulable offense.However standing in line at the gas station is not PC--nor is standing in line at Starbucks or Wal-Mart,or walking down the street or pumping gas or going about your usual daily activities.
I should call atention to a quirk in Loisiana which is not present in other states.In this state the police do not have what is known as qualified immunity---that is even if the arrest is not proper or outright illegal--in a state which gives the officer qualified immunity he/she is protected as though the arrest was in fact legal.
BUT--here the police have partial immunity.According to my attorney--once a police officer violates your rights or does something illegal during a arrest--then from that point on he/she is no longer protected under color of law.So if a officer approaches you on the basis of evidence of lawful activity(OC) then all that follows is not under color of law.
The rub is trying to get the courts to enforce this!!Traditionally the courts in this state--especially at a local level have and do suborn all manner of questionable practices--counting on the average defendant not being able to mount a good defense.Read that---not enough money.It is of note that my attorney will no longer practice law in Orleans Parish because he "can't get a fair shake for his clients" in Orleans Parish.See the article in todays Times Picayune about the guy spending 14 years in Angola for a murder he did not commit--put in jail by Harry Connicks people knowing he was innocent.
Jimmy Dean--here is a decision by the Louisiana State Supreme Court circa 1995 from Westlaw via my attorney.
From one of the last paragraphs "the public display of a openly carried handgun IS NOT A CRIME in Louisiana and is not alone probable cause for arrest".
Note--"is not a crime".This means it is not ANY KIND of crime in this state.The law enforcement community is not well versed in this decision or in "State vs Fluker" which says the same thing as well as explaining that partial concealment is not a violation of the law either.
Since OC is not a violation of law then for a officer to approach you there must be another articulable offense.However standing in line at the gas station is not PC--nor is standing in line at Starbucks or Wal-Mart,or walking down the street or pumping gas or going about your usual daily activities.
I should call atention to a quirk in Loisiana which is not present in other states.In this state the police do not have what is known as qualified immunity---that is even if the arrest is not proper or outright illegal--in a state which gives the officer qualified immunity he/she is protected as though the arrest was in fact legal.
BUT--here the police have partial immunity.According to my attorney--once a police officer violates your rights or does something illegal during a arrest--then from that point on he/she is no longer protected under color of law.So if a officer approaches you on the basis of evidence of lawful activity(OC) then all that follows is not under color of law.
The rub is trying to get the courts to enforce this!!Traditionally the courts in this state--especially at a local level have and do suborn all manner of questionable practices--counting on the average defendant not being able to mount a good defense.Read that---not enough money.It is of note that my attorney will no longer practice law in Orleans Parish because he "can't get a fair shake for his clients" in Orleans Parish.See the article in todays Times Picayune about the guy spending 14 years in Angola for a murder he did not commit--put in jail by Harry Connicks people knowing he was innocent.
Actually, I have a problem with these. I think it is a blatant violation of the 4th ammendment. I think it is an illegal search.
Here in Shreveport, they have these alot. I always used to hit one on the way to work. The put a bright ass light in my eyes, ask me if I have had anything to drink and then while asking to see my documentation, they shine the flashlight in my back seats and floorboards looking for crack or dead bodies. Most nights, they might net ONE DWI but they always get 20+ expired inspection stickers, insurance violations, seatbelt violations yadda yadda....
The word for today boys and girls is FUNDRAISER. I don't like them. I don't like it when they call it a sobriety checkpoint. They should just call it a checkpoint.
Not to be offensive, and of course i have never met Narco personally, but he made a statement the a coward cannot carry a badge? I think that analogy was incorrect, how many coward officers and military personell have there been thru the years? heres a little evidence to support my theory.
http://www.masscops.com/forums/showthread.php?t=15406
Cowardice comes in all forms. As does Honor, a uniform or a badge does not make either a guaranteed behavior.
28 police officers have died in the line of duty in the united states this year, However 17,000 citizens have been murdered, 414 were after midnight store clerks, and there are more cops than after midnight store clerks, so if we judge Courage by facing danger, its more dangerous for a clerk at the 7-11 to go to work than any officer in the united states, thus, they are less cowardly than cops. So Actually by Narco's assessment , cops have the Nerve of a 13yr old innercity school child. (deaths 41) Should we arm and deputize them?
Sorry if im so technical, but i find numbers and facts are more interesting than speculation. I rest my case you Honor.
http://www.masscops.com/forums/showthread.php?t=15406
Cowardice comes in all forms. As does Honor, a uniform or a badge does not make either a guaranteed behavior.
28 police officers have died in the line of duty in the united states this year, However 17,000 citizens have been murdered, 414 were after midnight store clerks, and there are more cops than after midnight store clerks, so if we judge Courage by facing danger, its more dangerous for a clerk at the 7-11 to go to work than any officer in the united states, thus, they are less cowardly than cops. So Actually by Narco's assessment , cops have the Nerve of a 13yr old innercity school child. (deaths 41) Should we arm and deputize them?
Sorry if im so technical, but i find numbers and facts are more interesting than speculation. I rest my case you Honor.
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