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See above post, if Dershowitz is on a rant, you can be assured the charges stink! What you don't understand, I clearly believe wrong was done, but by going for the homerun, the prosecuter as screwed the pooch.
She is very young and possibly in over her head at this time.
Now that the DA is apparently already making the talk show circuit, I wouldn't have high expectation that the emperor really has any clothes with this case. I predict mistrial, dismissal of charges, and outright acquittals.
Location: 23.7 million to 162 million miles North of Venus
23,574 posts, read 12,535,636 times
Reputation: 10476
Quote:
Originally Posted by 2sleepy
I think you are right, but some cops play funny games with knives, maybe because they never expect to be challenged. When one of my boys was about 15 he got pulled over by a cop for riding his bike on the wrong side of the road. The cop asked if he could search him, my son gave him permission. The cop then arrested him for possession of a switchblade knife and took him to the police station. When they called me I freaked out and immediately thought my goofy kid had somehow acquired an illegal knife but when I drove down there I asked to see the knife and it was an old 2" pocket knife my father had given him with a perfectly functional ball detent. I called the cops attention to that and he sheepishly looked at me and said "well I wasn't going to charge him with it anyway" I didn't file a complaint because I figure a cop who would pull that would find some other reason to arrest my kid in the very near future.
If your son and a small pen knife then the cop had no probable cause to haul him in if pen knives are legal to carry, unless there is a law where children must be of a certain age to carry any type of knife and your son was under that age. If no law that states that and the pen knife was 'easily' identified to be a pen knife then the cop was completely in the wrong.
Cops do have the right to detain someone for probably cause. With FG, if they felt that the knife was spring-assist, and/or, if FG was on parole/probation, and the parole/probation laws state that no weapons of any kind can be carried by the person, the cops had probable cause on that too. If FG had live then they would have hauled him in and assessed the knife and if he was on parole/probation, along with the laws regarding that. If the knife had been found to not be spring-assisted and he wasn't on parole/probation, or, those laws allow a weapon such as his to be carried, then he would have been released. If the knife was found to be spring-assisted, or, the parole/probation laws forbid him to carry it then he would have been charged.
See above post, if Dershowitz is on a rant, you can be assured the charges stink! What you don't understand, I clearly believe wrong was done, but by going for the homerun, the prosecuter as screwed the pooch.
If your son and a small pen knife then the cop had no probable cause to haul him in if pen knives are legal to carry, unless there is a law where children must be of a certain age to carry any type of knife and your son was under that age. If no law that states that and the pen knife was 'easily' identified to be a pen knife then the cop was completely in the wrong.
Cops do have the right to detain someone for probably cause. With FG, if they felt that the knife was spring-assist, and/or, if FG was on parole/probation, and the parole/probation laws state that no weapons of any kind can be carried by the person, the cops had probable cause on that too. If FG had live then they would have hauled him in and assessed the knife and if he was on parole/probation, along with the laws regarding that. If the knife had been found to not be spring-assisted and he wasn't on parole/probation, or, those laws allow a weapon such as his to be carried, then he would have been released. If the knife was found to be spring-assisted, or, the parole/probation laws forbid him to carry it then he would have been charged.
The cop had no PC to arrest my son. My son is white middle class and had no previous contacts with the police and there was no law prohibiting him from carrying a 2" knife. If I had not shown up and showed the cop that the knife was legal my son would have ended up facing a charge in juvenile court.
The cop was completely wrong, And I don't care if the cop was overworked, or frustrated, or didn't like my kid's AC/DC T-Shirt, he had an obligation to follow the law and he failed. Just like the cop who arrested Freddie Gray failed, and trust me, if Gray had could have been arrested for a probation violation you would have seen that on the charging document.
We can't go on tolerating bad arrests or abuse of power by Police Officers, even if it's only 1% of cops who do those things they need to be flushed out and eliminated from their position. We give cops too much power to allow it to be abused.
Location: 23.7 million to 162 million miles North of Venus
23,574 posts, read 12,535,636 times
Reputation: 10476
Quote:
Originally Posted by Amythyst
See relevant transcript below.
NBC’s Today
May 2, 2015
THOMAS ROBERTS: So Marilyn Mosby is Baltimore’s state attorney handling this case. And you just heard her in Lester's piece. Marilyn, it is great to have with us this morning. You also heard in Lester’s piece the fact that police are coming out, the Fraternal Order of Police, the union’s saying that this is an egregious rush to charge the six officers involved. How do you respond to that?
MARILYN MOSBY: I think that’s absolutely absurd. For my investigative team from the very beginning at the outset of this tragic incident, my team went out, I sent investigators, we spent between 12 and 14 hours a day trying to get to the bottom of this and what happened in this case. The Baltimore police department dedicated about 50 detectives to try to get to the bottom of this case. I think that that is absolutely absurd.
Quote:
ROBERTS: So when you say that that’s absolutely absurd and you talk about the fact that you did your independent investigation. I have the statement of charges here that talks about the fact that Freddie was charged with having a switch blade or spring-activated knife. Has your office seen the evidence? Have you personally seen the evidence and you know for yourself that this was not an unlawful knife?
MOSBY: What I can tell you is exactly what I stated yesterday. What's in the statement of probable cause, I can tell you that we did an independent investigation, my investigators went to the scene, spoke to witnesses. I went to the scene. I spoke to witnesses. I can't get too far into details of the case because it is still a pending matter. But I can tell you that everything that is indicated in the statement of probable cause is accurate.
I figured reading it from SA Mosely herself would be better.
Wow, talk about side-stepping the question. Since she refused to answer a direct question about the knife I wonder if she had even seen it for herself. (also wondering if her dismissal of the knife was done as a favor for Murphy, which he can use in the civil case--just speculating on that).
Now that the DA is apparently already making the talk show circuit, I wouldn't have high expectation that the emperor really has any clothes with this case. I predict mistrial, dismissal of charges, and outright acquittals.
I pretty much agree, though some of the lesser charges may stick. If she fails then the blame is squarely on her, though she'll probably through her underlings under the bus for the failure.
Where it takes others in her position many months to research it enough to file charges, she rushed it. Within a day of receiving the case, and only hours after getting the ME report, she had the charges ready to go. Heck, with the Rice case they have far more damaging evidence against those two cops and they are still researching it and hadn't filed charges yet.
When she was publicly charging them, along with proving that she was rushing it so that the unrest would stop, she was also publicly stating that she believed they were guilty before they were even found guilty by a court. From her transcript..
Quote:
I hope that as we move forward with this case everyone will respect due process and refrain from doing anything that would jeopardize our ability to seek justice.
To the people of Baltimore and the demonstrators across America: I heard your call for ‘No justice, no peace.’ Your peace is sincerely needed as I work to deliver justice on behalf of this young man.
To those that are angry, hurt or have their own experiences of injustice at the hands of police officers I urge you to channel that energy peacefully as we prosecute this case I have heard your calls for ‘No justice, no peace,’ however your peace is sincerely needed as I work to deliver justice on behalf of Freddie Gray.
The cop had no PC to arrest my son. My son is white middle class and had no previous contacts with the police and there was no law prohibiting him from carrying a 2" knife. If I had not shown up and showed the cop that the knife was legal my son would have ended up facing a charge in juvenile court.
The cop was completely wrong, And I don't care if the cop was overworked, or frustrated, or didn't like my kid's AC/DC T-Shirt, he had an obligation to follow the law and he failed. Just like the cop who arrested Freddie Gray failed, and trust me, if Gray had could have been arrested for a probation violation you would have seen that on the charging document.
We can't go on tolerating bad arrests or abuse of power by Police Officers, even if it's only 1% of cops who do those things they need to be flushed out and eliminated from their position. We give cops too much power to allow it to be abused.
Did you ask your 15 year old son WHY he needed a knife strapped to his leg? That is not entirely normal behavior for kids that aren't looking for trouble.
Did you ask your 15 year old son WHY he needed a knife strapped to his leg? That is not entirely normal behavior for kids that aren't looking for trouble.
Gee, isn't the right to keep and bare arms sacrosanct?
She is very young and possibly in over her head at this time.
Too funny. Yes, the Baltimore City State Attorney's office has this one young woman prosecutor so she obviously must be in over her head because no one else in the office, be they assistant SAs, investigators and law clerks.
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