Posted on 02/16/2009 7:19:15 PM PST by marktwain
If I can disagree, I believe that his neighbor was well with in his rights and the correct thing to ask Local LEO’s IMO. Where this goes south is the overreaction by local LEO’s and pushing this crap to the level it has become.
I’ve never known a cop that claims to be a law expert. THey just do the best they can and let the judge sort it out.
I don’t know the case and am not a lawyer but I wonder, did the police confiscate the gun? If so that could fall under illegal search and seizure and once he wins his main case he should come back with a large lawsuit for the breach on his Constitutional rights and to teach a lesson to the misguided ones.
I doubt it, but suppose if you will the neighbor and Mr Krause set this up to see the reaction and the police and public attorney fell right into the trap?
“did the police confiscate the gun?”
Common sense will likely not prevail in this case, however.
IMO, we would be much better off with the old laws against disturbing the peace (re. reasonable assumption that other individual(s) offended rather than state’s assumption of “disorderly conduct”—vulgar name-calling and the like and minor physical retaliations allowed).
Stupid man. Actually thought his legal rights meant anything ... anything at all.
You are all slaves. Work harder and meet your quotas or you will not receive your food ration!
ping
He probably did not have a permit to dig hole, disturbing the watershed, mitigated by planting tree to decrease his carbon footprint.
Sue the city and sell the house to anyone who looks like they are going to be in trouble with the police on a weekly basis.
Let Mrs. Kravitz(yeah, I know the punk is a male) learn to mind his own d@mned business in as painful a way as possible. Being woke up by a domestic call every 3 am would just about do it.
Besides, if you win the case, the police/city are likely to make your life less than pleasant if you stay.
Thanks for the info.
Interesting and should be a slam case I would think.
Sue the $$$ out of the city then really tick them off and donate the extra money to some gun related charity and make it as public as possible.
I'm sure the good people of your city will remember that when you come to investigate any "unregistered" firearms. Good for you should be good for them. Or do you plan on coming to their houses unarmed, Mr. Officer 2. (Doesn't the guy have a name?)
Not at all. If the police and prosecutor think they can violate one protected right, why not another one? What's the difference?
Maybe he was planting the Tree of Liberty.
“Too bad there isn’t a mandatory IQ test to become a LEO.”
I’ve been astonished at the simplicity of the average cop I’ve encountered over the years. There should definitely be a minimum IQ applied to this and many other state jobs.
If this goes poorly for him, I encourage all WI FReepers to call the police whenever they see an officer openly carrying a firearm. Apparently this is cause for arrest. All policemen are now open to arrest. Especially if the officer is planting a tree.
That might be a Good Thing, at least for Mr. Krause. Right now, whether the second amendment is a constraint on state and local governments is an unanswered question, legally speaking. The similar provision of the Wisconsin Constitution most definitely does constrain state and local governments.
That provision is:
The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
Couldn't be much clearer, could it? Even concealed carry should be allowed, but I imagine it's argued that a concealed weapon is for nefarious purposes, not "security, defense, hunting, recreation or any other lawful purpose. The ones who argue thus are wrong, hoplophobes often are.
You have to ask what it is that draws one to become a cop. Too often it is driving around in a shiny "chick magnet", wearing a cool uniform, and being able to "thump" the guys who dissed you in high school. Let's not forget that officer safety is now the primary objective.
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