Silence No More "Stand your ground' self-defense bill would and should allow all people to use deadly force in self-defense of illegal search and seizure.Gang Related No 2nd Amendment? No 4-5-8 Amendment? Taken away by the 13th amendment for good by the GOP and the Gang of 8.“If you can run away, crawl away, drive away, walk away from the situation without having to shoot someone, obviously that’s what you want.”'Stand your ground' self-defense bill’looking for property, drug money, and anything of value to take from the nigga, please
SOUTH BEND, Ind. -- During the primary election, a local man was not allowed to vote because he was carrying a permitted firearm. This year, he’ll be allowed to vote – Edinger said he will cast his vote in Tuesday presidential election and when he does, he will bewearing his gun on his hip. Guns allowed at the polls
As for warning shots—fired into the air or at the ground—they are a legal no-no. In Florida a warning shot carries a 20-year mandatory minimum sentence. The irony is that if Zimmerman had merely displayed his weapon to Martin, or if he had fired shots in the air, he could be subject to a lengthy prison term. But under Stand Your Ground, actually killing an unarmed person can, in some cases, be legal.
SEARCH AND SEIZURE________________________________FOURTH AMENDMENTSearch and seizure is a necessary exercise in the ongoing pursuitof criminals. Searches and seizures are used to produce evidencefor the prosecution of alleged criminals. The police have thepower to search and seize, but individuals are protectedagainst Arbitrary, unreasonable police intrusions. Freedom fromunrestricted search warrants was critical to American colonists.Under England's rule, many searches were unlimited in scopeand conducted without justification. Customs officials couldenter the homes of colonists at will to search for violations ofcustoms and trade laws, and suspicionless searches were carriedout against outspoken political activists. Searches in the coloniescame to represent governmental oppression.To guard against arbitrary police intrusions, the newly formedUnited States in 1791 ratified the U.S. Constitution's FourthAmendment, Saying No To Illegal Search and Seizure
Electronic copy available at: http://ssrn.com/abstract=2128852
SAINT LOUIS UNIVERSITY SCHOOL OF LAW SAINT LOUIS UNIVERSITY LAW JOURNAL [Vol. 56:567 teaching tool. All the students know it, and importantly for pedagogical purposes, it gets some things right—and some things very wrong. It turns out that, while some other law professors have noticed 99 problems, no one has yet provided a detailed, accurate analysis of the Fourth Amendment issues Verse 2 raises. In this Essay, I remedy that deficiency in the literature. This is, after all, one of the most popular songs of the last decade, and we should seize the opportunity to use it in our teaching. My audience, accordingly, is primarily teachers and students of criminal procedure, but I hope that my comments may be of some interest to cops and perps as well
LYRICS VERSE 2
1. The year is ‘94 and in my trunk is raw
2. In my rearview mirror is the motherfucking law
3. I got two choices y’all, pull over the car or
4. Bounce on the double put the pedal to the floor
5. Now I ain’t trying to see no highway chase with jake
6. Plus I got a few dollars I can fight the case
7. So I . . . pull over to the side of the road
8. And I Heard “Son do you know what I’m stopping you for?”
9. “Cause I’m young and I’m black and my hat’s real low?
10. Do I look like a mind reader sir, I don’t know
11. Am I under arrest or should I guess some mo?”
12. “Well you was doing fifty-five in a fifty-four
13. License and registration and step out of the car
14. Are you carrying a weapon on you, I know a lot of you are”
15. “I ain’t stepping out of shit all my papers legit”
16. “Do you mind if I look around the car a little bit?”
17. “Well, my glove compartment is locked, so is the trunk and the back,
18. And I know my rights so you go’n need a warrant for that”
19. “Aren’t you sharp as a tack, some type of lawyer or something
20. Or somebody important or something?”
21. “Nah I ain’t pass the bar but I know a little bit
22. Enough that you won’t illegally search my shit”. JAY Z
The right of the people to be secure in their persons, houses,papers, and effects, against unreasonable searches and seizures,shall not be violated; and no Warrants shall issue but uponprobable cause, supported by Oath or affirmation, andparticularly describing the place to be searched, and the personsor things to be seized.carried out without legal or official authorization
‘‘The [Fourth] Amendment was in large part a reaction to the general warrants and warrantless searches that had so alienated the colonists and had helped speed the movement for independence. In the scheme of the Amendment, therefore, the requirement that ‘no Warrants shall issue, but upon probable
cause,’ plays a crucial part.’’ 17 Therefore, ‘‘the police must, whenever practicable, obtain advance judicial approval of searches and seizures through a warrant procedure.’’
Detention Short of Arrest: Stop-and-Frisk
Illegal search and seizure186 392 U.S. 1 (1968). Only Justice Douglas dissented. Id. at 35.The case arose when a police officer observed three individuals engagingin conduct which appeared to him, on the basis of training and experience, to be the "casing" of a store for a likely armed robbery; upon approaching the men, identifying himself, and not receiving prompt t identification, the officer seized one of the men, patted the exterior of hisclothes, and discovered a gun.
Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the UnitedStates Supreme Court which held that the FourthAmendment prohibition on unreasonable searches and seizures is notviolated when a police officer stops a suspect on the street and frisks himor her without probable cause to arrest, if the police officer hasa reasonable suspicion that the person has committed, is committing, oris about to commit a crime and has a reasonable belief that the person"may be armed and presently dangerous."
• Casing a location, slang for scouting a location to potentially commit a robbery; In English • Casing:reconnoitre verb a survey plane was dispatched to reconnoitre the area: survey, makea reconnaissance of, explore, scout (out), make a survey of, makean observation of; find out the lie of the land, see how the landlies; investigate, examine, spy out, scrutinize, scan, inspect,observe, take a look at, take stock of; patrol; informal recce, makea recce of, case, case the joint, check out; Brit. informal take ashufti round, suss out; N. Amer. informal recon.verb [ with obj. ] 1 surround in a material or substance: the towers are of steel casedin granite. • enclose in a protective container: (as adj.cased) : a cased pair ofpistols. 2 informal reconnoitre (a place) before carrying out a robbery: Iwas casing the joint
What is reasonable?The Court assessed the reasonableness of the police activity here by comparing it to activity that wouldordinarily require a warrant. “... in justifying the particular intrusion the police officer must be able topoint to
"specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion.”
In a situation where the police obtained a warrant, they would havebrought these facts and inferences to the attention of a judicial officer (e.g., judge or magistrate) beforeembarking on the actions in question. Post hoc judicial review of police activity is equally facilitated bythese facts and inferences. The Court also emphasized that the test standard courts should employ is an objective one. “Would thefacts available to the officer at the moment of the seizure or the search warrant a man of reasonablecaution in the belief that the action taken was appropriate?” Lesser evidence would mean that theCourt would tolerate invasions on the privacy of citizens supported by mere hunches—a result theCourt would not tolerate. Moreover, simple " 'good faith on the part of the arresting officer is not enough.' ... If subjective good faith alone were the test, the protections of the FourthAmendment would evaporate, and the people would be 'secure in their persons, houses, papers, and effects,' only in the discretion of the police." — quoting Beck v. Ohio, 379 U.S. 89 (1964)The reasonableness inquiry takes into account the "nature and extent of the governmental interestsinvolved", including the general interest in crime prevention, the officer's specific concern for hisown safety, the citizen's interest in his own privacy and dignity, and the extent to which theparticular search in question intruded upon those interests. "Our evaluation of the proper balancethat has to be struck in this type of case leads us to conclude that there must be a narrowly drawnauthority to permit a reasonable search for weapons for the protection of the police officer, wherehe has reason to believe that he is dealing with an armed and dangerous individual, regardless ofwhether he has probable cause to arrest the individual for a crime."Even searches that start out as reasonable may "violate the Fourth Amendment by virtue of theirintolerable intensity and scope." Thus, the scope of the search must be justified by thecircumstances that led the police to undertake it in the first place. Court's Language of 'CASING' Violates Terry's forth amendent because it is not a legal term and cannot be articulated. Even though the court uses language to explain that:The stop and frisk of Terry was very reasonableThese principles led the Court to conclude that the evidence found on Terry's person was properlyadmitted because the search was reasonable. The detective had observed Terry and hiscompanions acting in a manner he took to be a preface to a stick-up. A reasonable person in thedetective's position would have thought that Terry was armed and thus presented a threat to hissafety while he was investigating the suspicious behavior he was observing. The events he hadwitnessed made it reasonable for him to believe that either Terry or his cohorts were armed. "Therecord evidences the tempered act of a policeman who in the course of an investigation had tomake a quick decision as to how to protect himself and others from possible danger, and tooklimited steps to do so."The officer had a hunch that he hadarticulated as 'casing' which is slang for reconnoitreJAY-Z's PROBLEMS-VERSE-2-A-CLOSE-READING-WITH-FOURTH-AMENDMENT-GUIDANCE-FOR-COPS-AND-PERPS
three-lessons-search-and-seizure-courtesy-jay-z/The police detective here limited his search to the outer surfaces of Terry's clothing. Thus, thesearch was reasonably related in scope to the concern for his own safety that justified the stop fromthe beginning. Accordingly, the Court concluded that the revolver found on Terry's person wasproperly admitted into evidence.The sole justification for the search is protection of the officer andpublicThe Ohio Court of Appeals allowed the search, but made it clear that such a search was limited todiscovering dangerous weapons that could be used against the officer, as Chief Justice Warrennoted:"In this case, for example, the Ohio Court of Appeals stated that 'we must becareful to distinguish that the "frisk" authorized herein includes only a "frisk"for a dangerous weapon. It by no means authorizes a search for contraband,evidentiary material, or anything else in the absence of reasonable grounds toarrest. Such a search is controlled by the requirements of the FourthAmendment, and probable cause is essential.' " (392 U.S. 1, at 16, Fn 12,quoting State v. Terry, 5 Ohio App. 2d 122, at 130)Chief Justice Warren later made it clear that this was also the opinion of the Court:"The sole justification of the search ... is the protection of the police officerand others nearby, and it must therefore be confined in scope to an intrusionreasonably designed to discover guns, knives, clubs, or other hiddeninstruments for the assault of the police officer."Is such a search a "petty indignity"?"... it is simply fantastic to urge that such a procedure performed in public by apoliceman while the citizen stands helpless, perhaps facing a wall with hishands raised, is a 'petty indignity.' It is a serious intrusion upon the sanctity ofthe person, which may inflict great indignity and arouse strong resentment,and it is not to be undertaken lightly."Open carry in the United StatesFrom Wikipedia, the free encyclopediaA man openly carrying a handgun in a Burger King in Eagle, Colorado.In the United States, open carry is shorthand terminology for "openly carrying a firearm in public", as distinguished from concealed carry, where firearms cannot be seen by the casual observer.The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the U.S. in recent years. This has been marked by a number of organized events intended to increase the visibility of open carry and public awareness about the practice. Proponents of open carry point to history and statistics, noting that criminals usually conceal their weapons. Encouraged by groups like OpenCarry.org,GeorgiaCarry.org and some participants of the Free State Project, open carry has seen a revival in recent years, but it is not yet clear if this represents just a short-term trend. The gun rights community has been mixed in its response. Alan Gottlieb of the Second Amendment Foundation and the NRA have been cautious in expressing support, while special-interest groups such as the aforementioned OpenCarry.org and GeorgiaCarry.org, and certain national groups such as the Gun Owners of America (GOA) have been more outspoken in favor of the practice. Open carry is strongly opposed by gun control groups such as the Brady Campaign and the Coalition to Stop Gun Violence.In the United States, the laws concerning open carry vary by state and sometimes by municipality. Open carry laws of loaded handguns(OpenCarry.org) Permissive Open Carry State Licensed Open Carry State Anomalous Open Carry State Non-permissive Open Carry StateDefinitionsOpen carryThe act of publicly carrying a firearm on one's person in plain sight.Plain sight Broadly defined as not being hidden from common observation; variessomewhat from state to state.PreemptionIn the context of open carry: the act of a state legislature passing laws whichlimit or eliminate the ability of local governments to regulate the possession orcarrying of firearms.Prohibited personsPeople prohibited by law from carrying a firearm. Typical examples are felons,those convicted of a misdemeanor of domestic violence, those found to beaddicted to alcohol or drugs, and those who have been involuntarilycommitted to a mental institution.Categories of lawToday in the United States, the laws vary from state to state regarding open carry offirearms. The categories are defined as follows:Permissive open carry statesA state has passed full preemption of all firearms laws. They permit open carryto all non-prohibited citizens without permit or license. Open carry is lawfulon foot and in a motor vehicle. It must be noted that while open carry may belegal in such jurisdictions per se, persons openly carrying firearms may bedetained and cited by law enforcement officials for disorderlyconduct or disturbing the peace in certain locations and circumstances whereopenly carrying could cause public alarm.Licensed open carry states A state has passed full preemption of all firearms laws. They permit open carry of a handgun to all non-prohibited citizens once they have been issued a permit or license. Open carry of a handgun is lawful on foot and in a motor vehicle.Anomalous open carry statesIn these states, open carry of a handgun is generally lawful, but the state maylack preemption or there may be other significant restrictions. The limitationsand/or lack of pre-emption may mean that certain areas of these states are, intheir judicial system and law enforcement societies, not very friendly towardsthe practice, although this is not true in all of these states.Non-permissive open carry statesIn these states, open carry of a handgun is not lawful, or is only lawful undersuch a limited set of circumstances that public carry is prohibited. Such limitedcircumstances may include when hunting, or while traveling to/from huntinglocations, while on property controlled by the person carrying, or for lawfulself-defense.Rural open carry statesIn these states, open carry is generally permitted only in unincorporated areasof counties where population densities are below statutorily-definedthresholds, and local authorities have enacted ordinances permitting opencarry in such jurisdictions (California). As such, these states are also regardedas Non-Permissive open carry states.Constitutional implicationsOpen carry has never been ruled out as a right under theSecond Amendment of the U.S. Constitution by any court.In the majority opinion in the case of District of Columbia v.Heller (2008), Justice Antonin Scalia wrote concerning theentirety of the elements of the Second Amendment; "Wefind that they guarantee the individual right to possess andcarry weapons in case of confrontation." However, Scaliacontinued, "Like most rights, the Second Amendment rightis not unlimited. It is not a right to keep and carry anyweapon whatsoever in any manner whatsoever and forwhatever purpose." Forty-three states' constitutions recognize and securethe right to keep and bear arms in some form, and none ofthose prohibit the open carrying of firearms.Five statesconstitutions provide that the state legislature may regulatethe manner of carrying or bearing arms, and advocates arguethat none rule out open carry specifically.Nine states'constitutions indicate that the concealed carrying of firearmsmay be regulated and/or prohibited by the state legislature.Open carry advocates argue that, by exclusion, opencarrying of arms may not be legislatively controlled in thesestates. But this is not settled law.Section 1.7  of Kentucky's state constitution onlyempowers the state to enact laws prohibiting "concealed carry".Open carry demonstrations and events• May 2, 1967 openly armed members ofthe Black Panther Party marched on theCalifornia State capitol in opposition to thethen-proposed Mulford Act prohibiting thepublic carrying of loaded firearms. After themarch in the state capitol building, the lawwas quickly enacted.• On June 16, 2000, the New Black PantherParty along with the National Black UnitedFront and the New Black Muslim Movementprotested the death sentencing convictionof Gary Graham, by openly carrying shotgunsand rifles at the Texas Republican Nationalconvention in Houston, Texas.• In 2003, gun rights supporters in Ohio used asuccession of Open Carry "Defense Walks"attempting to persuade the Governor to signconcealed carry legislation into law.• The legality of open carry of certain firearmsin Virginia was reaffirmed after several 2004incidents in which citizens openly carryingfirearms were confronted by local lawenforcement. The Virginia law prohibits the open carry, in certain localities, of any semiautomatic weapon holding more than 20 rounds or a shotgun that holds more than seven rounds, without a concealed carry permit.• In 2008, Clachelle and Kevin Jensen, of Utah, were photographed together openly carrying handguns in the Salt Lake City International Airport near a "no weapons" sign. The photo led to an article in The Salt Lake Tribune about the airport's preempted "no weapons" signs. After a few weeks, the city removed the signs.[better source needed]• In 2008, Zachary Mead was detained in Richmond County, Georgia by law enforcement for openly carrying a firearm. The weapon was seized. The organization GeorgiaCarry.org filed a lawsuit on behalf of Mead. The court declared that the seizure was a violation of the Fourth Amendment to the United States Constitution, awarded court costs and attorney fees to Mead, and dismissed the remaining charges with prejudice.• In 2008, Brad Krause of West Allis, Wisconsin was arrested by police for alleged disorderly conduct while openly carrying a firearm while planting a tree on his property. A court later acquitted him of the disorderly conduct charge, observing in the process that in Wisconsin there is no law dealing with the issue of unconcealed weapons.• On April 20, 2009, Wisconsin AttorneyGeneral J.B. Van Hollen issued a memorandum to district attorneys stating that open carry was legal and in and of itself does not warrant a charge of disorderly conduct. Milwaukee police chief Ed Flynn instructed his officers to take down anyone with a firearm, take the gun away, and then determine if the individual could legally carry it until they could make sure the situation is safe.• On May 31, 2009, Washington OpenCarry members held an open carry protest picnic at Silverdale's Waterfront Park, a county park. Attendees openly carried handguns in violation of posted regulations prohibiting firearms at the park.  Washington state law allows the open carrying of firearms and specifically preempts local ordinances more restrictive than the state's, such as the one on the books for Kitsap county. Shortly after the protest Kitsap county commissioners voted to amend KCC10.12.080 to remove the language that banned firearms being carried in county parks. KCC10.12.080 Was amended on July 27, 2009 and as of May 31, 2012 most of the signs in the county still read that firearms are prohibited despite numerous attempts to get the county to update the signs. The amendment is listed as it reads in meeting minutes from July 2009 KCC10.12.080 Amendment: It is unlawful to shoot,fire or explode any firearm, firecracker, fireworks, torpedo or explosive of any kind or to carry any firearm or to shoot or fire any air gun, BB gun, bow and arrow or use any slingshot in any park, except the park director may authorize archery, slinging, fireworks and firing of small bore arms at designated times and places suitable for their use.• In July 2009, an open carry event organized by OpenCarry.org took place at Pacific Beach, San Diego, California, where citizens carrying unloaded pistols and revolvers were subjected to Section 12031(e) inspections of their firearms on demand by police officers. The officers were obviously well-briefed on the details of the law, which allows Californians to openly carry only unloaded guns and allows carry of loaded magazines and speedloaders.• On August 11, 2009, William Kostric, a New Hampshire resident, Free State Project participant, and former member of We The People 's Arizona Chapter, was seen carrying a loaded handgun openly in a holster while participating in a rally outside a town hall meeting hosted by President Barack Obama at Portsmouth High School in New Hampshire. Kostric never attempted to enter the school, but rather stood some distance away on the private property of a nearbychurch, where he had permission to be. He held up a sign that read "It's Time to Water the Tree of Liberty!".• On August 16, 2009, "about a dozen" people were noted by police to be openly carrying firearms at a health care rally across the street from a Veterans of Foreign Wars Convention in the Phoenix Convention Center, where President Barack Obama was giving an address. While the Secret Service was "very much aware" of these individuals, Arizona law does not prohibit open carry. No crimes were committed by these protesters, and no arrests were made. In an interview with Fox News, commentatorJames Wesley Rawles characterized the Phoenix protesters as "merely exercising a pre-existing right". When he was asked about open carry, "but...without a permit?" Rawles opined, "We have a permit--it is called the Second Amendment."• On January 30, 2010 Members of Michigan Open Carry were eating at a local Ponderosa Steakhouse in Lansing, Michigan when local police responded and forced them to leave. A person rumored to be a United States Marine was carrying an AR-15 at this open carry event. A brief verbal argument ensued between the leader of the open carry group and the Lansing Police Department.No arrests were made; some of the law enforcement officers at the scene were given reprimands for their actions arising from the incident.• In May 2010, Jesus C. Gonzalez was arrested and charged with homicide in a shooting which occurred while he was carrying a handgun. Gonzalez was involved in two prior arrests for disorderly conduct, based on his open carry practice. He filed a lawsuit claiming fourth and fourteenth amendment violations. His suit and appeal were both dismissed. Gonzalez was convicted on lesser charges, including reckless homicide. • The Starbucks coffee chain has been the target of several boycotts arranged by gun control groups to protest Starbucks' policy of allowing concealed and open carry weapons in stores, if allowed by local laws. A counter buycott was proposed for Valentines Day of 2012 to show support from gun owners for Starbucks, with the use of two dollar bills to represent Second Amendment rights.Main article: Starbucks#Gun_controversythe District of Columbia fully prohibit the open carry of handguns. On the other side, twelve states permit open carry of a handgun without requiring the citizen to apply for any permit or license. Thirteen states require some form of permit (often the same permit as allows a person to carry concealed), and the remaining seventeen states, though not prohibiting the practice in general, do not preempt local laws or law enforcement policies, and/or have significant restrictions on the practice, such as prohibiting it within the boundaries of an incorporated urban area. Illinois allows open carry on private property only. As of August, 2009, four states that currently restrict open carry as a remnant of the post-Civil war Reconstruction era (Texas, South Carolina, Oklahoma and Arkansas) are considering making it again legal. Bills were drafted in the Texas Legislature for the 2009 and 2011 sessions, backed by proponents such as Open Carry.org, but did not make it to the floor. On October 11, 2011, California Governor Jerry Brown signed into law that it would be a "misdemeanor to openly carry an exposed and unloaded handgun in public or in a vehicle." This does not apply to the open carry of rifles or long guns or persons in rural areas where permitted by ordinance. On November 1st, 2011, Wisconsin codified open carry and recognized its legality by adding a sub section to its Disorderly Conduct statute (947.01). Subsection 2 reads "Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried." 2012 May 15: Gov. Mary Fallin signed Senate Bill 1733, the Oklahoma Self Defense Act, which will allow people with Oklahoma concealed weapons permits to open carry if they so choose. The law took effect in November, 2012. "Under the measure, businesses may continue to prohibit firearms to be carried on their premises. SB 1733 prohibits carrying firearms on properties owned or leased by the city, state or federal government, at corrections facilities, in schools or college campuses, liquor stores and at sports arenas during sporting events." Federal Gun Free School Zones Act The Federal Gun Free School Zones Act limits where a person may legally carry a firearm by generally prohibiting carry within one-thousand (1000) feet of the property line of any K-12 school in the nation with private property excluded. A State-issued permit to carry may exempt a person from this restriction depending on the laws of the State, and most issuing States qualify for this exception. However, according to BATFE the exception in Federal law is only applicable to permit holders while in the State that physically issued their permit, and does not exempt people with out-of-state permits, even when their permit is recognized through State reciprocity agreements. BATFE letter explaining reciprocity of CCW permit holders and how it applies to Gun-Free School Zones. In a 1995 Supreme Court case, the Act was declared unconstitutional. "The Court today properly concludes that the Commerce Clause does not grant Congress the authority to prohibit gun possession within 1,000 feet of a school, as it attempted to do in the Gun-Free School Zones Act of 1990, Pub. L. 101-647, 104 Stat. 4844."  The law was reenacted in the slightly different form, in1996. Mulford Act From Wikipedia, the free encyclopedia The Mulford Act was a 1967 California bill prohibiting the public carrying of loaded firearms. Named after Republican assemblyman Don Mulford, the bill garnered national attention after the BlackPanthers marched on the California Capitol to protest the bill. The bill was signed by Republican California Governor Ronald Reagan and became California penal code 12031 and 171(c). signed by Republican California Governor Ronald Reagan and became California penal code 12031 and 171(c). #THEBLACKTEAPARTY
ALGEBRA OUR WAY TODAY:http://bookstore.xlibris.com/Products/SKU-0112143017/Baby-Algebra-For-Baby-and-You.aspxIntroducing baby to algebra as early as the baby shower via algebra themed baby beginnings, such as:mobiles, room plaques, pacifiers and other baby algebra paraphernalia,we inundate baby with the message that algebra is important to baby and family tradition.Baby algebra uses pictures and key words to help Baby to generalize and grasp algebra concepts. Therefore we can think our way through the stepping stones called tests. Colors and images react . Colors with one side of the brain, images with the other side of the brain, together create and complete the learning process inherent at birth . WALLA! Baby does algebra.