Illinois Police Throw Woman Face First Into Concrete Bench Then Charge Her With Resisting Arrest

2 Comments

Originally posted on JONATHAN TURLEY:

CassandraFeuerstein-300x171There is a disturbing video out of Skokie, Illinois where Cassandra Feuerstein is shown being thrown face first into a concrete bench by officers after her arrest for DUI. Feuerstein, 47, is suing for the alleged abuse, which included four deputies stripping her and leaving her in a cell without her clothes. Several bones were broken in her face.

View original 295 more words

People v. Aguilar, Second Amendment Protects the Carrying of Arms

Comments Off

This came out last week, but I wanted to wait and think about it before I began to bloviate about it.

The Illinois Supreme Court, in People v. Aguilar, 2013 IL 112116, ___ N.E.2d ___ (Ill. Sept. 12, 2013), ruled that the former version of the Aggravated Unlawful Use of a Weapon (AUUW), 720 ILCS 5/24-1.6, violated the Second Amendment of the U.S. Constitution.

Alberto Aguilar, then 17 years old, was arrested in the Little Village neighborhood of Chicago for AUUW and for Unlawful Possession of a Weapon (UPW), 720 ILCS 5/24-3.1.  Aguilar was convicted in a bench trial and sentenced to two years of probation.  He appealed and the appellate court affirmed the conviction.  He then took the case to the Illinois Supreme Court.

As noted, the Court held that AUUW was unconstitutional at the time of the arrest, as it prohibited all carry of a firearm outside of the home.  This is not surprising, given that the U.S. Seventh Circuit had made the same ruling in Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012).  The Moore decision led to Illinois passing a concealed carry statute earlier this year, although it has not yet really taken effect yet (as no permits have been issued).  The Illinois Supreme Court noted that they were ruling on the former law, not the current law.  This means that the ruling will have a limited effect.

Of course, the gun rights people (at least those that are not lawyers) have put their own spin on this and I’m sure it won’t be long until some idiot decides that this means he can carry whenever and however he wants.

Some people will be getting their charges dropped, sure.  The AUUW statute barred all carry until it was amended July 9, 2013, so people who were charged before that date have a pretty clear-cut road to the charges being dismissed.  The problem arises with the skewed interpretation that some of the gun rights people are putting on this.  They believe that since the old AUUW law was unconstitutional, then it was void (technically correct) and any amendment to the law was pointless (totally incorrect).

When the AUUW law was amended, it cured the problems brought up by both the Seventh Circuit and the Illinois Supreme Court.  The AUUW law was unconstitutional because it had no provision for “bearing” arms outside of the home.  As of July 9th, it has that provision.  Ergo, it will be presumed to be a valid law again.

Someone is going to carry and become a new test case–and I wouldn’t want to be that guy, because he’ll lose.

 

The Windypundit’s Review of “Rise of the Warrior Cop”

7 Comments

The Windypundit has a series of posts reviewing “Rise of the Warrior Cop.”

Part 1, part 2, and part 3 are at the links, Mark does an excellent job of reviewing the book.

 

Semi-Open Carry Arrest in Tennessee: What Happens When You Don’t Know the Law, Part II

9 Comments

Well, Leonard Embody has given me further information for my blog.

His preliminary hearing was held recently.  A preliminary hearing is solely for a judge to make a determination if there was probable cause for the arrest.  That’s it.  A couple of other matters can be addressed, like a motion to suppress evidence or a motion to dismiss, but those are based on factors surrounding the stop and the arrest, not general law.

So Embody shows up, pro se and is representing himself, and makes a motion to suppress.  Of course, he has no clue about what he is doing, so when he is arguing his motion, he starts to offer testimony and the prosecutor objects.  Eventually the judge decides to hear the testimony of the officer, who states that as soon as he saw Embody, that he could see an AR-15 slung across his back.  As he got closer, he could tell that there was what appeared to be a silencer attached to the rifle, and the officer did not yet realize that the rifle was in a form-fitted kydex case.  At that point he had reasonable suspicion to stop based on Tennessee law, since the possession of a silencer is a felony.

That would pretty much do it for the motion to suppress and motion to dismiss.

Of course, Embody brings up all sorts of irrelevant issues during his cross of the officer, the prosecution objects, and the judge sustains the objections.  Embody then tries to introduce the ATF documents which would show that the silencer was legal, but has no idea how to lay the foundation nor how to authenticate the documents so he could get them admitted.  I was actually very impressed with the patience that the judge had with Embody.

So now the prosecution has a finding that there was probable cause for the arrest and it will go to a grand jury for indictment.  And if Embody does not get much better at the legal issues, he’s going to be convicted.  He really needs to hire an attorney.

And the best line from the video is from the judge, near the very end.  “I don’t think Mr. Embody is crazy, I think he’s stupid.”  I will defer to the judge’s wisdom and leave that determination to my readers.

Apparently Embody has a copy of the recording of the hearing and put it up on YouTube.  I’ve linked to it below.

 

Open Carrying While Black, Washoe County, Nevada

2 Comments

Nevada is an open carry state, allowing the unconcealed carry of both handguns and longarms.

Unless, of course, one has a disqualifying factor, such as mental disease or defect, a felony conviction, etc.

Apparently, that also includes being black, at least in Washoe County.

 

Gabriel Nobles was carrying a rifle in Washoe County when he was confronted by the Sheriff’s Office, put on the ground at gun point, and held there.  His only offense was that he was a young black man carrying a rifle slung across his back.  We’ve seen plenty of videos of similar activity, but nothing like this.  I can see nothing in the video that justifies the deputies conduct.

Of course, at the end of the stop, Gabriel is given his rifle back and sent on his way.

 

Zach Horton, Part II

Comments Off

Well, about a month ago, Zach did something that may hurt him in the long run.  He was running around south Texas, open carrying his AK, and apparently thought it was a good idea to have his picture taken with the rifle in front of local police stations.

This went well until he got to McAllen.  They didn’t like the idea, so they told him to leave (apparently giving him a trespass warning, it’s not clear), which he did.

Then he thought about it.  And went back.

But only after calling them and telling them he was coming back.

Yeah, that’s a good idea.  It’s legal, don’t get me wrong, but poking a sleeping mountain lion with a sharp stick has never struck me as being especially bright.  But, hey, if that’s your thing…

So of course the police are there and when he doesn’t comply with their commands, arrest him for having a firearm where prohibited, see Tex. Pen. Code Ann. § 46.03.  That’s a felony.

Now granted, from what I’ve seen, it’s a BS charge, because you have to actually go into the building to be charged with it, and the AK never left his car.  So Zach sees the inside of a jail cell, then a judge, who sets bond at $25K (meaning a bail bondsman will likely charge $2,500, and maybe twice that, since he’s not from the area).  You don’t get that money back, either.  Of course his rifle and cellphone are now evidence, and the last I saw, they had a hold placed on his truck.

Of course the DA should drop the charges, but this is Hidalgo County, where the niceties of the law haven’t always been observed, like the sheriff’s son (head of a local drug task force) who was indicted and pled guilty for stealing drug loads.  Or the eleven recruits in the academy fired by the sheriff last year for trying to cheat on tests.  Or the previous sheriff and county commissioners in the 1990s. Or – well, you get the picture.

 

Semi-Open Carry Arrest in Tennessee: What Happens When You Don’t Know the Law

5 Comments

Leonard Embody is a registered nurse, a licensed federal firearms dealer, and a gun rights activist.  He also, in my opinion, is somewhat of a whackjob.

In 2009, Embody carried an AK-47 pistol into a state park.  For some reason he painted the tip of the pistol orange.  He also dressed up in camouflage gear before doing so, becoming known as the Radnor Park Rambo.  He sued over being detained in the incident and lost on summary judgment, the court holding that the detention and temporary seizure of the gun was reasonable.  Embody v. Ward, No. 3:10cv-00126, 2011 U.S. Dist. LEXIS 79153, 2011 WL 2971055 (M.D. Tenn. July 20, 2011).  He then appealed and lost that appeal when the Sixth Circuit affirmed.  Embody v. Ward, 695 F.3d 577 (6th Cir. 2012), cert. denied, 133 S. Ct. 770, 184 L. Ed. 499.  This was also covered by “The Volokh Conspiracy“, with Embody participating in the comment section (which has over 600 comments).  As Volokh noted, it is rare when the Brady anti-gun people and the Second Amendment Foundation are on the same side, and that was against Embody.

Embody has carried a loaded black-powder pistol in his hand (i.e., not in a holster) while in Belle Meade, TN in  2010.  Tennessee law preempts local regulation of guns, but grandfathers in existing local gun laws.  In Belle Meade, there was a provision of the law that stated “except the army or navy pistol which shall be carried openly in the hand.”  Belle Meade Mun. Code § 11-602 (1987), repealed Ord. #2010-7, Sept. 2010.  Obviously the city did not like the idea of individuals carrying revolvers around in their hands.  This also caused the Belle Meade police to request that the state revoke Embody’s concealed carry permit, alleging that he was a danger to the public.  The State Police did revoke his permit and his administrative appeal failed, launching a new lawsuit, this one challenging the constitutionality of the Tennessee firearm statutes.    The trial court granted the state a summary judgment, and the appellate court affirmedEmbody v. Cooper, No. M2012-01830-COA-R3-CV, 2013 Tenn. App. LEXIS 343, 2013 WL 2295671 (Tenn. Ct. App. May 22, 2013).

Now the whackjob has gotten arrestedar15caseHe was walking around downtown Nashville handing out flyers while wearing body armor.  Slung on his back, he had a rifle that was in a kydex case, which means that it was form fitted to the rifle and that it was obvious that it could contain a rifle.  And Tennessee does not allow a person to openly carry a loaded rifle.  So when police officers were called, saw the case, they immediately had reasonable suspicion to check if he was in fact carrying a rifle.  So when they opened the case, they found that it had a silencer on the end, which is a felony in Tennessee.  There is a defense, but since Embody was not talking to the officers, he couldn’t prove that he had a National Firearms Act license for the silencer.  It also was hilarious that Embody was screaming that they needed probable cause to detain and search him, which was not correct.  The arrest affidavit is here.

 

 

Older Entries Newer Entries

Turtle Talk

Indigenous Law and Policy Center Blog Michigan State University College of Law

take that, goliath.

just another day sitting next to the defendant

Hercules and the umpire.

THE ROLE OF THE FEDERAL TRIAL JUDGE

Classical liberalism, criminal laws, the war on drugs, economics, free speech, and technology.

JONATHAN TURLEY

Res ipsa loquitur ("The thing itself speaks")

UNWASHED ADVOCATE

Dispatches from Bat Country, where proper medication is optional.

Chasing Truth. Catching Hell.

A Public Defender's Blog, @normdeguerreesq

The Legal Satyricon

Occasionally irreverent thoughts on law, liberty, tech, and politics

Legal Writing Prof Blog

General ramblings of a former police officer turned law student

LawProse Blog

General ramblings of a former police officer turned law student

How Appealing

General ramblings of a former police officer turned law student

General ramblings of a former police officer turned law student

SCOTUSblog

General ramblings of a former police officer turned law student

Real Lawyers Have Blogs

General ramblings of a former police officer turned law student

The Droid Lawyer™

Tips, Tricks, and Techniques for Lawyers using Android mobile devices

Say What?! Classic Courtroom Humor from Judge Jerry Buchmeyer

General ramblings of a former police officer turned law student

Judge Bonnie Sudderth

Law Blog on the Texas Rules of Evidence

New York Personal Injury Law Blog

General ramblings of a former police officer turned law student

Overlawyered

Chronicling the high cost of our legal system

The Federal Criminal Appeals Blog

General ramblings of a former police officer turned law student

Defending People

General ramblings of a former police officer turned law student

Preaching to the choir

General ramblings of a former police officer turned law student

Crime and Consequences Blog

General ramblings of a former police officer turned law student

Simple Justice

General ramblings of a former police officer turned law student

Koehler Law » KOEHLER LAW BLOG

General ramblings of a former police officer turned law student

General ramblings of a former police officer turned law student

General ramblings of a former police officer turned law student

Trial Theory

A South Carolina Criminal Defense Blog

Appealingly Brief!

Ruminations (brief and to the point) on the law and lawyering, by Daniel Klau.

Popehat

A Group Complaint about Law, Liberty, and Leisure

ExCop-LawStudent

General ramblings of a former police officer turned law student

Follow

Get every new post delivered to your Inbox.

Join 96 other followers