Author Topic: ?? Brass Knuckles ??  (Read 2000 times)

Offline lasersailor184

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?? Brass Knuckles ??
« Reply #15 on: November 08, 2007, 02:28:52 PM »
Quote
Originally posted by Airscrew
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...


But even then, I think you would need probable cause to obtain the warrant.  You just can't ask for a warrant whenever you feel like it.
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Offline Curval

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?? Brass Knuckles ??
« Reply #16 on: November 08, 2007, 02:37:12 PM »
So...brass knuckles are BANNED in the US?

LOL!

That is funny.
Some will fall in love with life and drink it from a fountain that is pouring like an avalanche coming down the mountain

Offline REP0MAN

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?? Brass Knuckles ??
« Reply #17 on: November 08, 2007, 02:44:54 PM »
I spent 5 years as a Police Officer in Oklahoma. I can only contribute based on Oklahoma Law.

The Probable Cause to stop was, as Airscrew said, speeding. Once the traffic stop was complete, the officer more than likely asked if the young man had anything illegal in the vehicle. This could have been triggered by several key indicators like nervousness, failure to make or maintain eye contact while being spoken to or, like Airscrew put it, they saw where he was from and had a sense of suspicion due to an obvious drug trafficking problem on that particular road. I say obvious because Airscrew knows about it. (Unless, he's in on it :)) Once the officer suspected and listened to his hunch, he most likely asked for permission to search. Here is the "inside" information on this question and why cops ask it. If I ask you, "Do you have anything Illegal in your vehicle that I should know about?", your involuntary first response if you truly don't is, "No". Now, if I ask that question and you say, "Not that I know of" or similar, other than "No", then I will be asking for consent to search your vehicle. You bet, 100%, that this kid could have denied permission to search. My opinion is that this kid either didn't know the contraband was there or knew it was there but didn't think it was illegal. He probably gave a trigger response that cops are trained to listen for or gave a nervous sign and thats when they asked for consent.

I'm with the majority here when I say, "Brass Knuckles?, Who cares?". I don't understand why the kid got locked up for that other than Barney Fife needed something to kill his shift with. But I don't think the Probable Cause debate and subsequent call for attorneys and such is necessary until all the facts are in. :) Some of you need to take of the Tin-Foil hats and let your brain breathe.

Hope it turns out okay Airscrew. Glad the boy is okay.

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Offline Curval

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?? Brass Knuckles ??
« Reply #18 on: November 08, 2007, 03:00:12 PM »
Quote
Originally posted by Curval
So...brass knuckles are BANNED in the US?

LOL!

That is funny.


Airscrew,

Just to be clear, I'm in no way making light of your daughter's boyfriend's situation.  It doesn't seem right to me.

No disrespect intended by my post above.
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Offline john9001

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?? Brass Knuckles ??
« Reply #19 on: November 08, 2007, 03:04:24 PM »
"protect and serve" is just something they put on the side of the cars.
« Last Edit: November 08, 2007, 03:54:52 PM by john9001 »

Offline Airscrew

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« Reply #20 on: November 08, 2007, 03:17:20 PM »
Well the convict is on his way to my house in custody of my daughter... he has to wait for his mom to come up and get the car out of impound..

I'll find out tonight how everything played out, but I suspect its going to be close to what Repo said... I can believe the nervous part, the kid can look nervous if you dont know him...

Quote
suspicion due to an obvious drug trafficking problem on that particular road.

I'm not all up on the drug traffic in the area but I have a couple of friends that are current and former Austin PD and Bastrop County Sheriff dept... from what I understand the route is basically up from Mexico to IH-35 and they go north to Dallas or east to Houston.  I think they said DPS primarly patrols Hwy 21, 290, 71, and IH35 to look for suspect vehicles for drugs and cash

Quote
I don't understand why the kid got locked up for that other than Barney Fife needed something to kill his shift with.

One of the guys here at work used to live in San Marcos, he said one night they had a party at his apartment, they got a little loud and someone called the cops.  Cops show up, knocked on the door,  they asked him to step outside so they could talk to him and then they arrested him for public intoxication...true? maybe, maybe not...

As far as lawyers go, it was suggested he get one as soon as possible before he finds himself in a bad deal...

Curval, no worries, I get it... ;)  I cant wait to get home so I can pick on him myself...

Offline Gunslinger

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?? Brass Knuckles ??
« Reply #21 on: November 08, 2007, 03:17:23 PM »
I'm with the crowed here that says the boy probably gave consent.

I've been asked that many times when I get pulled over.

Officer:  "Do you have anything illegal in your car"?
Me:  "NOPE"!
Officer:  "Do you mind if I search your vehicle"?
Me:  "YES"!
Officer:  "Why not, what are you hiding"?
Me:  "I'm not hiding anything, in fact quite the opposite, I'm trying to make it known that I know my rights"
Officer:  "I can get a warrent"
Me:  "Based on what....that's what I though...write the ticket and I'll make sure I get that head light fixed"

Offline Ack-Ack

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« Reply #22 on: November 08, 2007, 03:38:49 PM »
I recall a couple of years ago a case the Supreme Court was going to hear.  It was about an individual that was stopped for a traffic violation and after he signed and was handed the ticket, he left.  He was stopped again and arrested because he left before the officer was able to ask for consent to search his car.  The individual's argument was that since the traffic stop was completed when he signed and was handed the ticket, he didn't have any legal reason to stay at the scene and shouldn't have been stopped again and arrested since there was no probable cause to stop him a 2nd time.  I just don't recall if the Supreme Court ruled in his favor.


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Offline Airscrew

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« Reply #23 on: November 08, 2007, 03:51:00 PM »
Quote
Originally posted by Ack-Ack
I recall a couple of years ago a case the Supreme Court was going to hear.  It was about an individual that was stopped for a traffic violation and after he signed and was handed the ticket, he left.  He was stopped again and arrested because he left before the officer was able to ask for consent to search his car.  The individual's argument was that since the traffic stop was completed when he signed and was handed the ticket, he didn't have any legal reason to stay at the scene and shouldn't have been stopped again and arrested since there was no probable cause to stop him a 2nd time.  I just don't recall if the Supreme Court ruled in his favor.


ack-ack

I found this

http://query.nytimes.com/gst/fullpage.html?res=9400E0DF1739F932A25755C0A960958260

its from Jun 1996 though

The Supreme Court ruled today that even if the police use a minor traffic violation as a pretext for stopping a car to look for drugs, an arrest for any drugs they find is still valid as long as the traffic stop itself was supported by probable cause.

In a unanimous opinion by Justice Antonin Scalia, the Court upheld the convictions of two District of Columbia men for drug possession after they were stopped by plainclothes officers on a drug patrol in an unmarked car, for failing to signal while making a turn. Looking through the driver's window, one officer saw two bags of crack cocaine in the passenger's hands.

Offline Ripsnort

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?? Brass Knuckles ??
« Reply #24 on: November 08, 2007, 04:01:39 PM »
Quote
Originally posted by storch
sadly this is the result of allowing the feds to "protect" you from terrorists.


Ahh christ storch....sometimes your brilliance shows through like mud on a sheet.

Yep. some states they consider it a felony to possess them. If you've ever seen someones dental work after being hit with brass knuckles you'd know why.  They are treated as a deadly weapon and have been since the gangsters in the 1930 era.

Offline Airscrew

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« Reply #25 on: November 08, 2007, 04:05:57 PM »

Offline Eagler

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illegal = illegal
« Reply #26 on: November 08, 2007, 05:03:52 PM »
like indy stated, my question would be why did he have them in his car?

as Rip stated, there is a reason they are illegal - let someone who knows how to use them give you a little poke on the jaw

sounds like your daughter should throw that one back in and cast again ...
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Offline john9001

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Re: illegal = illegal
« Reply #27 on: November 08, 2007, 05:08:09 PM »
Quote
Originally posted by Eagler
like indy stated, my question would be why did he have them in his car?



maybe he was interested in self defense. You know, like when your being robbed and the cops are all busy writing traffic tickets.

Offline VOR

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« Reply #28 on: November 08, 2007, 05:10:48 PM »
Quote
Originally posted by Curval
So...brass knuckles are BANNED in the US?

LOL!

That is funny.


Stupid, isn't it?

Offline 68Wooley

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?? Brass Knuckles ??
« Reply #29 on: November 08, 2007, 05:23:09 PM »
Quote
Originally posted by Ripsnort
Ahh christ storch....sometimes your brilliance shows through like mud on a sheet.

Yep. some states they consider it a felony to possess them. If you've ever seen someones dental work after being hit with brass knuckles you'd know why.  They are treated as a deadly weapon and have been since the gangsters in the 1930 era.


So, just to be clear here:

Its LEGAL for me to own an assault rifle, but its ILLEGAL to own knuckle dusters.

Sometimes I doubt I'll ever truly understand the US.