Posted on 05/05/2015 4:19:18 PM PDT by navysealdad
A Baltimore police officer charged over the death of Freddie Gray has attempted to compel the Baltimore state’s attorney Marilyn Mosby to produce the knife Gray was arrested for carrying, contending that it was an illegal weapon and as such Gray’s arrest was justified.
(Excerpt) Read more at theguardian.com ...
“For some reason, swords or knives in the hands of a suspicious person has always bothered me.”
You’ve cut yourself before and you know what a small cut feels like so you naturally don’t want to find out what a big cut feels like.
Just thinking the same thing about a knife switch. But she is claiming that Maryland laws do not apply in Baltimore. I wonder where she got the idea she can write her own laws or decide which ones to enforce?
It's much easier for the cops to pull a switcheroo than it is for the DA.
Also, I believe that if the officers sense a detainee might inflict injury upon them during the process of belting them in, then THEY ARE PERMITTED TO USE THEIR DISCRETION AND AVOID DOING SO. If someone here can post the SOP please do so because I believe the language is in there.
Pretty much what I said, albeit more briefly, in another thread.
2A doesn’t have an exclusion for infringements by Baltimore City Council, nor the MD legislature.
You just might be right. When I was only 3, I cut my arm pretty badly with a hatchet. It left a nice scar. I have scars all over my hands and fingers from knife cuts some of them pretty bad.
I guess we will have to wait for the state’s attorney to make her case. She did take a whopping 24 hours to file her charges. It is telling when Joe Digenova and Alan Dershowitz are both singing the same tune on the behavior of Mosby. Almost like getting the Bloods and Crips together.
his knife may or may not have been legal under that state’s apparently antiquated laws, but there still had to be probable cause to stop and search him for the knife
(unless of course he was waving it in the open)
The poorly presented news reports I’ve seen so far indicate this may not have been the case.
In which case, the arrest was still very illegal, even if they found a nuclear bomb on him
More recently, most of the Rwandan genocide was accomplished with machetes and clubs.
Poorly written article but the UK Guardian is Marxist in its orientation, so why bother telling the truth.
Freddy ran AFTER he made eye contact with the police, not before. That act is one of about a dozen which can give the police the right to stop and question someone.
Chances are that if Freddy had drugs on him, he needed to get far enough away to ditch them without being seen by the police (he had multiple convictions and could be facing some serious time as a career criminal).
If he had a knife, that should be a violation of any parole/probation terms.
I did a ride-along with a DC Narcotics Squad detective many years ago while I was studying Police Science (aka Criminology, Law Enforcement, etc).We went out in the famous “Green Jumper” car, a lime-green Ford that you could see from Virginia.
Its’ purpose was scare drug dealers into ditching their drugs and fleeing, wherein the police would search the bushes or look under the boxes (which young criminals would sit on as either a police watch site, or from which to hand out drugs brought for cash elsewhere). The car would coming speeding in to a drug area, screech its brakes, and then the cops would look to see who was dumping their drugs, where.
Once we hit 7th St. NW, about U street or so, we heard a whistle go out that warned everyone that the Jumper was in the area. A couple young kids quickly put things under their seat boxes and fled, as did most older dealers.
Let’s see what the CSI people find around Freddy’s “hood”.
The District Attorney is a politically ambitious white-hating bitch. After listening to her kowtow to the rioters, in your heart, you know I’m right.
If I were a lawyer defending the cops, you betcha I'd be fighting her already! I'd certainly make sure that the knife doesn't get "lost" before an adequate forensic examination. (Reading the text of the Baltimore knife law, I think the knife on my keychain could be proven to be illegal.)
Mosby is an elected official, elected by Baltimore City voters, not statewide voters, in spite of the title. (She ran unopposed in the general election, but still only won 94% of the vote.) At best, she's used to sparring with underpaid and overworked legal aid attorneys, not experienced criminal defense attorneys who earn four times as much as she does.
I can see tons of civil liability by the City of Baltimore in this case. Criminal? We'll see.
Her first move when she took over was to fire all the staff in her office that even tacitly supported her opponent. My guess is that she doesn’t really know that much about the law and certainly didn’t study any law in the 24 hours it took her to write her “school class president” campaign speech.
That’s just mud in the water dude.
No where, no how, no way can you find me a standard Baltimore PD procedures manual that explicitly states “seat belts optional” or words to that exact effect.
If you can’t provided that, then you can’t say it was ‘standard’ procedure.
It was a well known extra-judicial punishment used by some cops to extract either satisfaction for themselves or behavior modification from the prisoner ... AS has been made clear in several law suits against the BPD for ... get this .... not belting in the prisoner who subsequently sustained injury from a ‘rough ride’.
So Gray wasn’t caught buying drugs when they stopped him as I read elsewhere?
I don’t disagree with much you said there, I do want to point out that the filing is from a “Baltimore Police Officer” not a defense attorney. So I was addressing the former, not the latter.
And if the knife gets lost along the way, which is more likely a BPD problem since they have probably been in custody with the evidence, reasonable doubt about the validity of the arrest is okay and they would get off. But they’re still going to pay a price for causing the death of Freddie Gray.
No Evidence Police harmed him in any way. Have You got any?
The knife was only illegal if carried by a honkie.
Okay, well that may be so. How would dropping the 'illegal arrest' charges mitigate the manslaughter/murder charges?
Yes, I think the police officers are overcharged by the prosecutor -- especially where SECOND DEGREE MURDER is charged -- but I'm all ears as to how this man ended up dead in police custody.
It’s the same with me.
I’ve been peppered real good with birdshot but that’s it so the thought of getting cut up bothers me more than the thought of getting shot.
I'd wager you don't have Freddy's rap sheet, either. (8^D)
It is germane when one of the big selling points for violence is that Freddy never should have been arrested. Its thin, but he was on probation, ran from the police, and allegedly possessed a knife which was illegal (why he ran is an issue in the argument over 'justification' for arresting him).
I know, that's all lawyer bait and media food. It is rare I don't have at least three knives on my person, myself--but then, I don't have Freddy's rap sheet either.
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