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.

 

Cotati, California Police Kick in Door, Taser Disabled Vet without Warrant

14 Comments

According to this Youtube video, officers of the Cotati California Police Department kicked in a door of a residence and tasered a disabled veteran because they residents would not allow them to enter unless they had probable cause or a search warrant.

The police were called to the scene on a noise complaint and told the residents that they needed to enter because of possible domestic violence.  The residents told them that they could not enter without either a search warrant or probable cause.  The officers then kicked the door, and although the residents were not offering any resistance, immediately tasered the disabled veteran who was filming the encounter.

The residents were arrested and charged with obstruction for standing up for their constitutional right to be free from unreasonable searches and seizures.

So let me get this straight.  According to the Cotati Police, all they have to say is that they were investigating a domestic disturbance, and you no longer have Fourth Amendment rights.

Something is wrong in California.

 

take that, goliath.

just another day sitting next to the defendant

Hercules and the umpire.

THE ROLE OF THE FEDERAL TRIAL JUDGE. PLEASE NOTE THAT THIS BLOG ENDED FOREVER ON JULY 9, 2015

Windypundit

Classical liberalism, criminal laws, the war on drugs, economics, free speech, technology, photography, sex work, cats, and whatever else comes to mind.

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

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 lawyer

LawProse

General ramblings of a former police officer turned lawyer

How Appealing

General ramblings of a former police officer turned lawyer

General ramblings of a former police officer turned lawyer

SCOTUSblog

General ramblings of a former police officer turned lawyer

Real Lawyers Have Blogs

General ramblings of a former police officer turned lawyer

Say What?! Classic Courtroom Humor from Judge Jerry Buchmeyer

General ramblings of a former police officer turned lawyer

Judge Bonnie Sudderth

Law Blog on the Texas Rules of Evidence

Overlawyered

Chronicling the high cost of our legal system

Defending People

General ramblings of a former police officer turned lawyer

Preaching to the choir

General ramblings of a former police officer turned lawyer

Crime and Consequences Blog

General ramblings of a former police officer turned lawyer

Koehler Law

Criminal and DUI Defense in Washington, D.C.

The BLT: The Blog of Legal Times

General ramblings of a former police officer turned lawyer

The Volokh Conspiracy

General ramblings of a former police officer turned lawyer

Popehat

A Group Complaint about Law, Liberty, and Leisure

ExCop-Lawyer

General ramblings of a former police officer turned lawyer