Carcano 14 Posted November 20, 2014 If there are circumstances leading the officer to believe that that item will be used as a weapon YOU WILL BE ARRESTED under NJS 2C:39-4d. About 8 years my father was hit in South Jersey, the guy got out giving him a hard time and punched him...my father beat the man with a hunk of pipe (including a shot to neck)...guess who saw it? a State Trooper! he stopped, arrested the man the attacked my father and let my father drive off. No BS. Quote Share this post Link to post Share on other sites
CMJeepster 2,780 Posted November 20, 2014 IMO, that was a good judgement call, but not following the law to the letter. Quote Share this post Link to post Share on other sites
PK90 3,573 Posted November 20, 2014 Perhaps you are confusing Convicted with Arrested. The possession is not a slam dunk for getting arrested. BUT, as I said in my post, "... circumstances leading the officer to believe ...", there will be an arrest made, especially if probable cause is established. You gave situations and answers that would prevent an arrest. Just having a baseball bat in the car because one "plays baseball" is not a defense at the scene, especially if a crime just occurred and someone pointed you out as brandishing the baseball bat in an offensive manner. Not for having that in your vehicle, no NJ statue prevents you from having axe handles, tire iron, steel pipe, or baseball bats in a car. I am not trying to argue with you, but implying that the mere possession of the above is not a crime, is a slippery slope which should be avoided. Quote Share this post Link to post Share on other sites
Carcano 14 Posted November 20, 2014 Perhaps you are confusing Convicted with Arrested. The possession is not a slam dunk for getting arrested. BUT, as I said in my post, "... circumstances leading the officer to believe ...", there will be an arrest made, especially if probable cause is established. You gave situations and answers that would prevent an arrest. Just having a baseball bat in the car because one "plays baseball" is not a defense at the scene, especially if a crime just occurred and someone pointed you out as brandishing the baseball bat in an offensive manner. I am not trying to argue with you, but implying that the mere possession of the above is not a crime, is a slippery slope which should be avoided. I've seen a court case involving just what I described, a baseball bat someone used in self defense (the person had it in the back seat, I was a part of a jury) the guy was off the hook since it was reasonable to believe he didn't carry it to use as a weapon (no intent) but due to the circumstances it was used AFTER the other person attacked him so he acted in self defense for his life. Case dropped, guy was sent home. The other guy did time for A&B Quote Share this post Link to post Share on other sites
PK90 3,573 Posted November 20, 2014 Arrested, but not convicted. Happens all the time. Quote Share this post Link to post Share on other sites
Carcano 14 Posted November 20, 2014 Arrested, but not convicted. Happens all the time. Sure, but in AZ I hear the illegals are arrested and sent back without doing time behind bars Quote Share this post Link to post Share on other sites
PK90 3,573 Posted November 20, 2014 Sure, but in AZ I hear the illegals are arrested and sent back without doing time behind bars "sent back"? How about "let go". Quote Share this post Link to post Share on other sites
Carcano 14 Posted November 20, 2014 "sent back"? How about "let go". Welcome to America...the country that prides itself on security but the fence just isn't working. Might as well just let 'em in and give them cards, socials, jobs the whole nine yards. Quote Share this post Link to post Share on other sites
Newtonian 453 Posted November 21, 2014 Sure, but in AZ I hear the illegals are arrested and sent back without doing time behind bars The important thing is that they get sent back. Get them the F**K out of my country. If they go to jail we have to pay. Quote Share this post Link to post Share on other sites