From the Association of Persecuting Attorney's Amicus Brief:
During the stop, Sergeant Darisse became suspicious that the car might contain contraband. (translation: Hispanic driver in a poorly maintained old Ford Escort is probably a drug user)
His suspicion was heightened when Vasquez and Petitioner Heien, a passenger, gave conflicting information. (translation: never talk to police, you idiots)
Both Vasquez and Heien consented to the search. (translation: did I say idiots? I meant F***ing Morons)
So, from what I'm seeing here, the government's side of the story is that a cop pulled them over to write a ticket that he reasonably thought was viable, and in the course of the stop, the occupants of the vehicle volunteered to have him search it.
If Heien wins, we will indeed have what the persecutors are afraid of, a blanket finding that a cop's ignorance of the law can never lead to admissible evidence, because the fact that the stop was the result of LEO ignorance is the only fact that's in Heien's favor here.
October 16, 2014 at 7:57 AM
Anonymous said...
Good on the GOA. That's been just one of NRA's....not willing to recognize that you have to support all of the BoRs....not just pick and choose.
October 16, 2014 at 9:28 AM
Anonymous said...
No matter how 'reasonable' official action is first it must be determined if it is infact lawful.
III
October 16, 2014 at 6:35 PM
Paul X said...
"Nevertheless, the state Supreme Court upheld the stop and search..."
""Protecting the Fourth Amendment is important because it ultimately protects gun owners from being illegally stopped, searched and having their firearms seized.""
4 Comments -
From the Association of Persecuting Attorney's Amicus Brief:
During the stop, Sergeant Darisse became suspicious that the car might contain contraband.
(translation: Hispanic driver in a poorly maintained old Ford Escort is probably a drug user)
His suspicion was heightened when Vasquez and Petitioner Heien, a passenger, gave conflicting information.
(translation: never talk to police, you idiots)
Both Vasquez and Heien consented to the search. (translation: did I say idiots? I meant F***ing Morons)
So, from what I'm seeing here, the government's side of the story is that a cop pulled them over to write a ticket that he reasonably thought was viable, and in the course of the stop, the occupants of the vehicle volunteered to have him search it.
If Heien wins, we will indeed have what the persecutors are afraid of, a blanket finding that a cop's ignorance of the law can never lead to admissible evidence, because the fact that the stop was the result of LEO ignorance is the only fact that's in Heien's favor here.
October 16, 2014 at 7:57 AM
Good on the GOA. That's been just one of NRA's....not willing to recognize that you have to support all of the BoRs....not just pick and choose.
October 16, 2014 at 9:28 AM
No matter how 'reasonable' official action is first it must be determined if it is infact lawful.
III
October 16, 2014 at 6:35 PM
"Nevertheless, the state Supreme Court upheld the stop and search..."
Looks like time to get LEDs in my tail lights...
October 16, 2014 at 9:28 PM