?? Brass Knuckles ??

[Airscrew]

Oh what a day... let me sent the stage...

My 18 yo daughter got back Tuesday morning after a week long trip with her boyfriend to his home in McAllen (meet his mother, a couple of day trips to Mexico and the coast, a little sight seeing.)  Yesterday at 3pm boyfriend leaves to go back home in McAllen.   6 oclock this morning we wake to her crying... it seems Kyle left at 3pm and hadnt call yet to say he was home.  She called his mother and she hadnt seen him either.  His cell phone wasnt working because he dropped it in the sand at the beach a few days ago.  She's worried, crying... and I'm trying to think of something to say that will make it better, after a few minutes I decide just to let mom handle it....

Finally she gets a call from Kyle's mom,  apparently on his way home he got stopped for speeding in San Marcus (about 30 miles from my house).  During the stop they searched his car and for what ever reason he had a pair of brass knuckles in his car.... so he's been in jail all night (and still in jail).  They wouldnt let him make a phone call to a cell phone number and he couldnt remember our house number, his mom only has a cell phone too.  so he was pretty much SOL...until his mom called all the counties between McAllen and here to track him down...

so now he has to wait till about 12 to see a judge, bail is $2000, with a $200 deposit, his mom (with my daughter's help) got a hold of a bail bond company.   Next she's needs to get a lawyer because one of the lawyers my wife works with says it was probably an illegal search, his car is impounded and gonna cost about $300-400 to get out... what a mess...

[lasersailor184]

I find it odd how illegal brass knuckles are.


But then again, socialists are just trying to scare us with scary weapons.  Like, take the switchblade for example.  Every switchblade I've seen or own is way more flimsy then any knife I own.

[storch]

sadly this is the result of allowing the feds to "protect" you from terrorists.

[Airscrew]

My guess is they didnt have probable cause for the search, they pulled him over and saw all the tatooes and piercings and seeing his licence and finding out he was from McAllen figured he might be transporting drugs or something (McAllen is right near the mexican border and I hear that drug trafficers run money and drugs up through San Antonio and Austin on IH35)

for what ever reason he happens to have brass knuckles in the car... jackpot... some days it just doesnt pay to get out of bed...

[Shuffler]

Brass knucks don't hit people... people hit people....

[john9001]

your papers are not in order, you will come with us to gestapo headquarters.


america has turned into a black and white B movie from the fifties.

[texasmom]

I didn't realize that brass knuckles were illegal. Hope that works out okay for him.

[lasersailor184]

Originally posted by Airscrew
My guess is they didnt have probable cause for the search, they pulled him over and saw all the tatooes and piercings and seeing his licence and finding out he was from McAllen figured he might be transporting drugs or something (McAllen is right near the mexican border and I hear that drug trafficers run money and drugs up through San Antonio and Austin on IH35)

for what ever reason he happens to have brass knuckles in the car... jackpot... some days it just doesnt pay to get out of bed...

The trick is, did he give permission for the search?  Or possibly, attempt to deny that they could search?

[Airscrew]

Originally posted by lasersailor184
The trick is, did he give permission for the search?  Or possibly, attempt to deny that they could search?

That's our question too, unfortunatly I can't ask that until he gets out, which hopefully is within the next hour or so.  My daughter and son are down there now waiting to pick him up.  we all suspect he consented to a search because he's pretty quiet and an easy going guy, probably not even aware of his rights.  My daughter says because he lives in McAllen he's used to the border patrol pulling people over all the time and searching for illegals.  He probably didnt even know brass knuckles were illegal, neither did I, but I dont have a need for them so I wouldnt have checked.

according to a couple of people I've spoke with (former cop from Georgia and a lawyer) even if they ask for permission to search and you give concent they still had to have probable cause to request the search in the first place... just depends on the circumstances...

[Ack-Ack]

Originally posted by texasmom
I didn't realize that brass knuckles were illegal. Hope that works out okay for him.

Brass knuckles are illegal in most, if not all, states.  These aren't recent laws, the law in California has been on the books for many, many years.



ack-ack

[lasersailor184]

Originally posted by Airscrew
according to a couple of people I've spoke with (former cop from Georgia and a lawyer) even if they ask for permission to search and you give concent they still had to have probable cause to request the search in the first place... just depends on the circumstances...

That's the part I'm unsure about.  Do you have to deny consent to the search?  Or can the search get thrown out completely if they had no Probable Cause, if contested in court?

[indy007]

I think a more important question is why you let your daughter date somebody that feels the need to drive around with brass knuckles?

[Dichotomy]

Originally posted by Airscrew
That's our question too, unfortunatly I can't ask that until he gets out, which hopefully is within the next hour or so.  My daughter and son are down there now waiting to pick him up.  we all suspect he consented to a search because he's pretty quiet and an easy going guy, probably not even aware of his rights.  My daughter says because he lives in McAllen he's used to the border patrol pulling people over all the time and searching for illegals.  He probably didnt even know brass knuckles were illegal, neither did I, but I dont have a need for them so I wouldnt have checked.

according to a couple of people I've spoke with (former cop from Georgia and a lawyer) even if they ask for permission to search and you give concent they still had to have probable cause to request the search in the first place... just depends on the circumstances...

Yes but the officer decides what is probably cause.  Sounds to me like he ran into some of the finer specimens we have running around these days.

[Airscrew]

Originally posted by lasersailor184
That's the part I'm unsure about.  Do you have to deny consent to the search?  Or can the search get thrown out completely if they had no Probable Cause, if contested in court?

dont know for sure.  The way I hear from my daughter, in McAllen the border patrol pulls you over, they request to search your vehicle, you consent, they open the truck, no illegals, good by you're on your way.  

Dont give consent and they detain you while they get a search warrent, so you set on the side of the road waiting... so everybody just consents to the search and get it over with... now that may not be accuracte because I'm getting that information 3rd hand... so dont quote me on it, I can't prove it personally...

[texasmom]

Originally posted by Ack-Ack
Brass knuckles are illegal in most, if not all, states.  These aren't recent laws, the law in California has been on the books for many, many years.
ack-ack

I didn't realize that at all.  Heck, I don't think I've ever even seen brass knuckles except in movies/TV.  Didn't think people actually ever used those to tell you the truth.