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Cop violates California law on tv

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posted on Jan, 31 2010 @ 02:51 PM
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Read this article www.sfgate.com...

Then watch the 2nd video titled: ABC Extra: Police approach Walter Stanley. The officer, while grandstanding for the camera's, reads the serial number of the handgun out loud. In case you didn't read the article:


Open Carry rules vary from state to state. In California, an open carrier's firearm must be unloaded and holstered. The ammo must be kept seperate from the gun. Cops are allowed to inspect the weapon but cannot search for the gun's serial number.


So, now I leave it to the police apologists here to justify his action of violating the law.








[mod edit: code tags to external source - skewing page-view]

[edit on 31-1-2010 by 12m8keall2c]



posted on Jan, 31 2010 @ 03:04 PM
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Originally posted by SpacePunk
So, now I leave it to the police apologists here to justify his action of violating the law.


Care to show us this law by providing a link to a government site??

[edit on 31/1/10 by dereks]



posted on Jan, 31 2010 @ 03:18 PM
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According to the article the initial "violation" was him open-carrying within 1,000ft of a school - against Cali. Law.


but cannot search for the gun's serial number


meaning ... they can't search/run-a-check without probable cause.


Fontano just didn't realize that there are certain exceptions about where you can walk around in this country with an unloaded gun.

Now, he said, he's getting educated. He bought a book and is brushing up on the law.


A good thing for Any and All looking to do the same.



posted on Jan, 31 2010 @ 03:27 PM
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Originally posted by 12m8keall2c
According to the article the initial "violation" was him open-carrying within 1,000ft of a school - against Cali. Law.


but cannot search for the gun's serial number


meaning ... they can't search/run-a-check without probable cause.


Fontano just didn't realize that there are certain exceptions about where you can walk around in this country with an unloaded gun.

Now, he said, he's getting educated. He bought a book and is brushing up on the law.


A good thing for Any and All looking to do the same.




OH, I suppose 'probably cause' is what the cop feels like it is, eh?

And, Fontano is the subject of a different story.



posted on Jan, 31 2010 @ 03:28 PM
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Originally posted by 12m8keall2c
According to the article the initial "violation" was him open-carrying within 1,000ft of a school - against Cali. Law.


but cannot search for the gun's serial number


meaning ... they can't search/run-a-check without probable cause.


The point being, quite simply, if he had not been in violation of Cali. open-carry laws there would have been no probable cause to stop, question or check the serial# ... he'd of been free to go.

In a school zone ... well ... you get what we see here.



posted on Jan, 31 2010 @ 03:30 PM
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Why am I not suprized? I'm sure the cheif will defend his actions as appropriate.



posted on Jan, 31 2010 @ 03:39 PM
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Originally posted by 12m8keall2c

Originally posted by 12m8keall2c
According to the article the initial "violation" was him open-carrying within 1,000ft of a school - against Cali. Law.


but cannot search for the gun's serial number


meaning ... they can't search/run-a-check without probable cause.


The point being, quite simply, if he had not been in violation of Cali. open-carry laws there would have been no probable cause to stop, question or check the serial# ... he'd of been free to go.

In a school zone ... well ... you get what we see here.


Don't fall for his liberal tricks. The guy he is referring to isn't the guy in the video. The guy in the video wasn't in a school zone.



posted on Jan, 31 2010 @ 04:06 PM
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Originally posted by SpacePunk
Don't fall for his liberal tricks.


no liberal nor tricks here ... just the facts ma'am/sir. just the facts.


The guy he is referring to isn't the guy in the video.

no. the "guy in the video" quite obviously got what he sought...

... ill-informed attentions & a "video".


The guy in the video wasn't in a school zone.

It would seem Quite evident the "guy in the video" (re-holstered, even) got just what he sought.


fwiw:
I'm all for to each their own, ccw, ocw ... whathaveyou.


This just not seeming a case where any of the above were or have been violated. (?)



posted on Jan, 31 2010 @ 04:12 PM
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reply to post by 12m8keall2c
 


And, the cop violated California law. Which is what you are detracting from. As I said, liberal tricks.



posted on Jan, 31 2010 @ 04:17 PM
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Originally posted by SpacePunk
reply to post by 12m8keall2c
 


And, the cop violated California law. Which is what you are detracting from. As I said, liberal tricks.


How is that a "liberal trick?"



posted on Jan, 31 2010 @ 04:27 PM
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Originally posted by SpacePunk
And, the cop violated California law.


How? By asking the supposed owner/holder if that was their firearm's serial#? Affirmation/Confirmation-like?

Question...

Where in the "video" or elsewhere did they "search for " the serial # ?



posted on Jan, 31 2010 @ 04:55 PM
link   

Originally posted by SpacePunk
Read this article www.sfgate.com...

Then watch the 2nd video titled: ABC Extra: Police approach Walter Stanley. The officer, while grandstanding for the camera's, reads the serial number of the handgun out loud. In case you didn't read the article:


Open Carry rules vary from state to state. In California, an open carrier's firearm must be unloaded and holstered. The ammo must be kept seperate from the gun. Cops are allowed to inspect the weapon but cannot search for the gun's serial number.


So, now I leave it to the police apologists here to justify his action of violating the law.

[mod edit: code tags to external source - skewing page-view]

[edit on 31-1-2010 by 12m8keall2c]


Sorry, but no law violation there... the gun carrier complied with a series requests, not orders.

Which law did the officers violate anyway? where is it indicated the police cant search for the guns serial number?... see the section below re: Section 11106PC compliance... checking the serial number is the only way to determine if the carrier is doing so legally.

12025PC is the relevant statute BTW, go here, check 'penal code" and search for 12025
www.leginfo.ca.gov...

and here:
www.leginfo.ca.gov...

The officer asked... "put your hands on your head for me please", which is a request, not an 'order' like "put your hands on your head now".. subtle but big difference.

Rather than comply, ergo agree to the "consensual contact", the citizen should have asked "am I being detained?", if the answer is "yes".. everything from that point is an order because you are not free to leave.

I used to 'ask' female gangsters to jump up and down.. which would sometimes cause guns / weapons / other goodies to dislodge from places male officers can't search.. they could have said "no" requiring a dentition and female officer.

Cops are skilled in the art of getting people to give up their rights and comply with things free americans simply do not have to do.. this video is a perfect example.

12025(6)(c):
(c) A peace officer may arrest a person for a violation of
paragraph (6) of subdivision (b) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the registered owner of the pistol, revolver, or other
firearm capable of being concealed upon the person, and one or more
of the conditions in subparagraph (A) of paragraph (6) of subdivision
(b) is met.

BTW you can legally carry a loaded firearm if: "reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. " - 12025.5(a)PC



posted on Jan, 31 2010 @ 05:20 PM
link   

Originally posted by 12m8keall2c
According to the article the initial "violation" was him open-carrying within 1,000ft of a school - against Cali. Law.


but cannot search for the gun's serial number


meaning ... they can't search/run-a-check without probable cause.


Fontano just didn't realize that there are certain exceptions about where you can walk around in this country with an unloaded gun.

Now, he said, he's getting educated. He bought a book and is brushing up on the law.


A good thing for Any and All looking to do the same.


Please provide your facts on where this person was, and how you know that he was in 1000 ft of a school.



posted on Jan, 31 2010 @ 05:45 PM
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reply to post by SpacePunk
 
I am stationed in Southern Cal. And I also have worked in MANY Level I Trauma ER's in Cali.. I have toured some of the jails in Cali and I am aware of how the new LEO's are instructed on how to "handle" the prisoners there. It comes to me as no surprise on why Cali LEO's are found violating the rights of citizens. Until the abuse is stopped on the "education" level, it will continue to escalate.
It is very sad. The State of Kalifornia is not just spiraling, but plunging to the ground.
p.s. OP
You are not alone, just view your Stars and Flags.
Remember. Haters will hate, so don't let the buzzards drag you down.


[edit on 31-1-2010 by Violater1]







 
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