All this means is the arresting officer screwed up. It's only a story because of the GWL involved IMHO.
Loaded gun found on inmate at Fulton County jail
"An inmate arriving at the Fulton County jail had knives and a loaded gun on him during intake, officials said...Blake also had a gun permit on him...Blake was arrested on burglary and other charges after a brief foot chase, Atlanta police Maj. Scott Kreher said."
https://www.google.com/amp/www.ajc....n-county-jail/5JtHURUN3qbsjsKVyeaLAJ/amp.html
https://www.google.com/amp/www.ajc....n-county-jail/5JtHURUN3qbsjsKVyeaLAJ/amp.html
1 - 15 of 15 Posts
Bingo!All this means is the arresting officer screwed up. It's only a story because of the GWL involved IMHO.
The arresting officer should have caught the weapons.
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.
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.
Sometimes they get a bit too focused on what they can see and a bit forgetful of procedure. Two steps froward, One step back' from back in 2010.
Why did every body comply with the identification request? I would have told them to pound sand.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.
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.
GWL while committing burglary and obstruction . . . disturbing, to say the least."An inmate arriving at the Fulton County jail had knives and a loaded gun on him during intake, officials said...Blake also had a gun permit on him...Blake was arrested on burglary and other charges after a brief foot chase, Atlanta police Maj. Scott Kreher said."
https://www.google.com/amp/www.ajc....n-county-jail/5JtHURUN3qbsjsKVyeaLAJ/amp.html
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
Yeah, it was back in 2010.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.
What a swell guy. I'm sure this will be used by the anti's to color all legal carriers the same.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
Good thing these types of incidents are just a statistical anomaly.
Could one fight that charge as they were in the custody of the cop. The cop took them and their property across the line not the other way aroundhttp://justice.fultoncountyga.gov/PAJailManager/JailingDetail.aspx?JailingID=1307586
They charged him with a guard lines violation. This could become (bad) caselaw.
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.O.C.G.A. 42-5-15. Crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent
(a) It shall be unlawful for any person to come inside the guard lines established at any state or county correctional institution with a gun, pistol, or any other weapon or with or under the influence of any intoxicating liquor, amphetamines, biphetamines, or any other hallucinogenic or other drugs, without the knowledge or consent of the warden, superintendent, or his designated representative.
(b) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
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.
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.
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.
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.Did he knowingly and voluntarily cross the guard line? Did he have the option NOT to cross? Of course not.
... They don't want a court case, they want a plea deal...
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.
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). http://www.georgiapacking.org/GaCode/?title=16&chapter=11§ion=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.
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.
1 - 15 of 15 Posts
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