Loaded gun found on inmate at Fulton County jail

Discussion in 'Georgia In the News' started by GAGunOwner, Jun 7, 2017.

  1. GAGunOwner

    GAGunOwner Active Member

  2. UtiPossidetis

    UtiPossidetis American

    3,187
    247
    63
    All this means is the arresting officer screwed up. It's only a story because of the GWL involved IMHO.
     

  3. Adam5

    Adam5 Atlanta Overwatch

    13,613
    158
    63

    Bingo!

    The arresting officer should have caught the weapons.
     
  4. Myright

    Myright Freedom Loving Citizen

    109
    0
    16
    Reminds me of the time I was partially disarmed and handcuffed while at a 2nd Amendment Right's event I participated in downtown Indianapolis.
    A few years ago, a small group of my firearm friends and I met downtown Indianapolis at the City Market Building, which is directly across the street from the City County Building. We were all open carrying and assembled outside of the building while waiting for a few more to arrive. One of my buddies was carrying an MP5 strapped across his chest. We were handing out literature about the 2nd Amendment and Indiana Handgun Laws. There was maybe 8 of us that were all sort of grouped together just inside of the sidewalk path, so we could hand pamphlets to those passing by. All of a sudden, a swarm of uniformed officers close in on us from all directions. They surround us and started asking a series of questions, all starting off with asking for our identification and carry licenses.
    As they called in all of our info and found there were no outstanding warrants for any of us, they were trying to determine what to do with us...they were trying to get us for something. A couple of officers started walking around us to see what we were all carrying and how we were carrying. Then, the officers started asking/telling each of us to decock and unload our our handguns. Each person did as instructed, but when they got to me, I respectfully declined, indicating that I was within my legal right to remain armed and would not disarm, as I had done nothing wrong. The officer got a perturbed look on his face as he reached to his duty belt and grabbed his handcuffs. I said, "you've got to be kidding me" as he told me to put my hands behind my back. At this point, I complied so I wouldn't get slapped with the bogus charge of resisting arrest for no crime being committed.
    After being cuffed, he reached for my handgun, to which I quickly asked him to lock it prior to removing it from the holster. He did manage to lock it, then removed it from the holster and proceeded to unload every round out of the magazine and also un-chambered the live round. I had a book bag I was carrying with all of the pamphlets in it, it was sitting in front of me at my feet. He placed the mag and the unloaded rounds on the bag, while sticking my handgun in his back pocket. I asked if I was being arrested and he said no, just detained until they sort everything out. I remained cuffed for over 30 minutes while they were deciding what to do with us. During this whole event, I still had my 2nd carry handgun that was in my back pocket, easily accessible with my hands behind my back. On top of that, I also had my carry knife in my front pocket as well. The officer was simply an idiot and didn't follow proper procedure to insure I was disarmed. He just assumed that once he took my open carry handgun that I was disarmed.
    I filed a complaint with the police department about my rights being violated, but after a few months of calling to find out the status, I gave up, as they were determined to sweep it under the rug. They always gave me some excuse, saying it was being reviewed or just got passed to someone else's desk.
    The one thing I realized that is completely messed up about their complaint system is that it is all internal, meaning the complaint office has no interest in resolving any complaint, they just want them to go away.
     
  5. Fallschirmjäger

    Fallschirmjäger I watch the watchers

    12,835
    63
    48
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,428
    113
    Why did every body comply with the identification request? I would have told them to pound sand.

    As for the complaint system, that would not do anything. A lawsuit for handcuffing you with no reasonable suspicion of a crime, merely for exercising your First Amendment rights, is an entirely different matter. If it had not been two years, then it is not too late.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,428
    113
    GWL while committing burglary and obstruction . . . disturbing, to say the least.

    Possessing the gun while committing burglary means five years tacked on to his sentence.
    http://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-4/part-1/16-11-106
     
  8. Myright

    Myright Freedom Loving Citizen

    109
    0
    16
    Yeah, it was back in 2010.
     
  9. nutnless220

    nutnless220 Member

    385
    2
    18

    What a swell guy. I'm sure this will be used by the anti's to color all legal carriers the same.
    Good thing these types of incidents are just a statistical anomaly.
     
  10. a_springfield

    a_springfield Well-Known Member

    3,395
    125
    63
  11. Fallschirmjäger

    Fallschirmjäger I watch the watchers

    12,835
    63
    48

    If one reads that the way they want it applied to the accused then being taken to jail while inebriated or under the influence of drugs would be a violation of the same Code Section.

    Well.... maybe not IF they can establish that the warden, superintendent, or his designated representative was aware that the individual was under the influence, which I kinda doubt they'd know on a case by case basis.
     
  12. Craftsman

    Craftsman Well-Known Member

    2,974
    242
    63
    Did he knowingly and voluntarily cross the guard line? Did he have the option NOT to cross? Of course not.

    Night shift prosecutor threw the first charge (s)he could Google at the guy. Placeholder charge until they come up with something far more sinister. They don't want a court case, they want a plea deal. Anything else would disrupt the money machine.
     
  13. gunsmoker

    gunsmoker Lawyer and Gun Activist

    27,543
    687
    113
    There's Caselaw from the Ga. Court of Appeals that says it's correct and valid to charge an arrestee with bringing drugs into jail, though he or she did not willingly go to jail, and was forcibly taken there.

    The courts have found a duty for a person in possession of drugs at the time of their arrest to disclose them to jail officials upon arrival, and if they don't that's a new crime.

    I forget have such courts dance around the difficult topic of self incrimination --forcing people to reveal their possession of contraband without any grant of immunity. I guess it's another one of those "for the good of Public Safety" exceptions.
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    67,050
    1,428
    113
    With respect to the guard line, while that may or may not apply, there is still a violation for a GWL holder carrying into a jail. See (b)(3). https://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=127

    This is not a case of an innocent GWCL holder driving into a jail parking lot where the guard line might encompass the parking lot.