Another gun owner busted under SAFE act for 10 rounds in a mag

[ryan_j 0]

http://www.buffalonews.com/city-region/lockport/lockport-police-catch-flak-for-safe-act-arrest-20131016

 

Looks like the SAFE act claims another victim.

 

I hope the challenge goes forth soon. 

 

The good news? They are feeling the heat from the citizens... 

 

Try not to turn this into a cop hating thread. Please. 

[Parker 213]

Meanwhile, criminals in New York continue to be creative in their ways to circumvent the lawful purchase process.

 

 

[Howard 538]

Sounds like more crap.  The article says that the chief of police said “It’s on the books, and if we see it, we have to do something about it,”.  I was told by a retired officer that they have discretion for everything except child abuse and domestic violence.  So, did they really need to do something about it?

[illy 1]

I think (and hope) that this case will get tossed.

New York State Police released a field guide for troopers in September regarding the law, which includes sections on magazines and definitions of an assault weapon.

The guide informs troopers they must have probable cause of criminal activity to inspect magazines: “If an officer has probable cause to believe that a particular magazine is unlawful, he or she may seize and inspect it. If there is founded suspicion of criminal activity, the officer may ask for consent to check the magazine. However, the mere existence of a magazine, which may or may not be legal, does not provide probable cause to believe that any law is being broken.”

In the State Police manual, it says that if a person produces a permit and there is no indication of unlawful conduct, an inspection is unnecessary, and troopers are told to secure the weapon temporarily for the duration of the stop and return it to the motorist at the conclusion of the encounter.

(Lockport Police Chief Lawrence M.) Eggert said the law was still new and that local police are looking at it on a case-by-case basis.

“We certainly are not going to just stop a car and ask for a permit so we can check the number of bullets in the magazine,” Eggert said. “We usually run these by the DA’s office, but in this particular case, the officer didn’t have that luxury. He had to make a decision on the fly – and it’s the law, and there’s nothing wrong with that decision.”

 

 

Well Chief Eggert, Mr. Wodjan was not engaged in any conduct which would give Officer Piedmont probable cause to believe the magazine contained more than 7 bullets rounds. I don’t see how being a passenger in a M.V. stop would create even reasonable suspicion, let alone meet the higher standard of P.C.  And I certainly don’t see why Officer Piedmont felt that the need to check the magazine was immediate and could not wait until phone call was made to the DA’s office.  The gun had already been secured by the Officer, the vehicle was stopped and the occupants detained.
It really sounds like a big eff up in contravention of their own guidelines (not to mention a violation of Mr. Wodjan’s 4^th and 5^th Amendment rights in furtherance of violating his rights under the 2^nd.

And you’ve got to love this quote (not legally relevant, but still WTF)-

 

“Officer Piedmont asked if they had any weapons in the car, and luckily [Wojdan] said yes and handed over a gun from the glove compartment. He had a permit, so he was allowed to have the gun, but he had too many rounds of ammunition in the gun,” said (Lockport Police Captain Michael) Niethe.

 

 

Lucky for whom, Cap’n? Certainly not Paul Wodjan (unless you’re implying that he might have gotten shot had he not “said yes”). Nor is it for the People of NY.

And if there’s any justice, it won’t be “lucky” for the Lockport PD either.

[gunguy1960 2]

Sounds like the officer would have had to ask permission to check magazine before he could know how many rounds were loaded into it, the article isnt clear to me if he did that, anyone else see that?

[tony357 386]

I mentioned this to you guys before, a motor vehicle stop in recieving a violation is considered crimainal activity.. thus opening the door for BS charges like having hollow point bullets..

 

So when you get that stop sign ticket make sure you are 100% legal.. cause if they have a chance they will with no doubt Jam you up and treat you like a career criminal..

[illy 1]

Thing is, he wasn't the driver and it was his gun.

[illy 1]

Also, their own guidelines say that a traffic stop isn't PC for a mag check

[SgtToadette 59]

Also, their own guidelines say that a traffic stop isn't PC for a mag check

 

A mere traffic stop isn't probable cause for anything until other elements come into play or consent it given.

[tony357 386]

A mere traffic stop isn't probable cause for anything until other elements come into play or consent it given.

It was not a mere traffic stop once a summons is given a crime has taken place..

[SgtToadette 59]

It was not a mere traffic stop once a summons is given a crime has taken place..

 

So what are you saying? Getting a ticket for speeding is effectively probable cause to have my vehicle searched?

[PeteF 1,044]

It was not a mere traffic stop once a summons is given a crime has taken place..

A traffic violation is just that a violation not a crime.  Same as a parking ticket does not give the right to search a car.

[tony357 386]

A traffic violation is just that a violation not a crime.  Same as a parking ticket does not give the right to search a car.

But again and again we see this.. you all keep saying that but the opposite result keeps on reoccurring if i ever get jammed up i will be shore to call you and straighten it out the arresting police officer.. 

 

All you need is a light bulb out and get pulled over, if you do not give consent for search they will hold you while they get a warrant.. just done last year to a local kid who had a shotgun behind his seat no fid card hunting license in hand, arrested and booked..

 

Maybe you can start with the trooper at shooters giving the safety briefing ?

[diamondd817 828]

 

 

Try not to turn this into a cop hating thread. Please. 

But I thought the cops were going to uphold their oath?

 

Yeah right, just change the "oath"  to "protect and serve the interests of the government" or "Im just doing what im ordered to do".

[illy 1]

But again and again we see this.. you all keep saying that but the opposite result keeps on reoccurring if i ever get jammed up i will be shore to call you and straighten it out the arresting police officer..

 

All you need is a light bulb out and get pulled over, if you do not give consent for search they will hold you while they get a warrant.. just done last year to a local kid who had a shotgun behind his seat no fid card hunting license in hand, arrested and booked..

 

Maybe you can start with the trooper at shooters giving the safety briefing ?

That guy's shotgun was in "plain view". In NJ.

 

In any event, I'm betting he wins at the suppresion hearing and the case goes away.

[Combat Auto 174]

But I thought the cops were going to uphold their oath?

 

Yeah right, just change the "oath"  to "protect and serve the interests of the government" or "Im just doing what im ordered to do".

yep,

I've posted this before..The police are the agents of the state. In the Tri-State area, don't expect them to be on your side if the SHTF, or the Libs come to take your guns, or any other scenario you care to come up with...Perhapes, in some places out west it may be different based on some of the statements by various sherrifs.

 

Any liberty loving Officer would have let this go.

 

(PC Disclaimer: Nothing I said above implies, or should be interpreted as contrary, to the fact that I support the Police).

[PeteF 1,044]

But again and again we see this.. you all keep saying that but the opposite result keeps on reoccurring if i ever get jammed up i will be shore to call you and straighten it out the arresting police officer.. 

 

All you need is a light bulb out and get pulled over, if you do not give consent for search they will hold you while they get a warrant..

 

A warrant for what?  Good luck with that request for a warrant.  Yes your honor, I am requesting a warrant to search his car.  Probable cause?  He has a tail light out.  CLICK.  Hello? Hello?

[71ragtopgoat 23]

A warrant for what?  Good luck with that request for a warrant.  Yes your honor, I am requesting a warrant to search his car.  Probable cause?  He has a tail light out.  CLICK.  Hello? Hello?

Change that to the faint small of pot your honor and your in like Flynn. That excuse is used all the time around my parts.

[Clintoon Eastwood 2]

Too many rounds in the magazine, I still can't understand.....nevermind

[tony357 386]

A warrant for what?  Good luck with that request for a warrant.  Yes your honor, I am requesting a warrant to search his car.  Probable cause?  He has a tail light out.  CLICK.  Hello? Hello?

Nj2as was contacted about this incedent.. it was held up during the search they also found pot in his glove box.. the officer could see his guncase behind the seat, all from a tail light out.. this kid lived in manahawkin headed to his cousins house.

i did not make it up,  this shit happens if you do not want to listen oh well you may be their next victim..