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Old 12-07-2012, 13:35   #241
BicycleDay43
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Quote:
Originally Posted by ca survivor View Post
Here in Miami we have these fresh out of High School, 18 year old cops, who don't even know what a Yield sign stands for....good luck to you.
An individual must be 21 years of age to be hired as an LEO for most agencies. (For dealing with handguns, alcohol). Not sure if you're being sarcastic or just full of it.
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Old 12-07-2012, 15:01   #242
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Originally Posted by bucksnort1959 View Post
Interpret it so we have a basis for having one beer makes one "intoxicated" per some posters.
Good that some don't drink or can't handle booze.
I commend them for being completely sober.
As someone said earlier, so you can say, "Well, I didn't do anything different than what others do."
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Originally Posted by bucksnort1959 View Post
I answered the questions to the extent that others have advised is enough.
On advice of your attorney?
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Originally Posted by bucksnort1959 View Post
Even some of you questions were answered but you might have missed them.
I must have missed them. What questions did you directly answer?
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Originally Posted by bucksnort1959 View Post
As the wannabe cop was spouting the wrong laws it's just amazing peeps want to give their opinion of guilt or innocence but won't opinion a jury instruction, not mine in particular, but in general. Not really hard to do.
What you want is an interpretation of the law and a definition within the law. The law is clear. The definition of "under the influence", however, requires more information to determine whether the facts of the case meet the burden of proof. It isn't a number. It says, " consuming an amount of alcohol to cause the person to be less able to exercise clear judgment..." It does not quantify the "amount of alcohol".
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Originally Posted by bucksnort1959 View Post
And it's not too hard to say you've operated and drank ma beer is it?
Anyone else's behavior is immaterial and irrelevant.
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Old 12-07-2012, 16:44   #243
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Originally Posted by bucksnort1959 View Post
Interpret it so we have a basis for having one beer makes one "intoxicated" per some posters.
Good that some don't drink or can't handle booze.
I commend them for being completely sober.

I answered the questions to the extent that others have advised is enough. Even some of you questions were answered but you might have missed them.
As the wannabe cop was spouting the wrong laws it's just amazing peeps want to give their opinion of guilt or innocence but won't opinion a jury instruction, not mine in particular, but in general. Not really hard to do.
And it's not too hard to say you've operated and drank ma beer is it?
Just because people condemning your actions and attitude might have had a drink and driven doesn't change a thing. You got caught. If I get pulled over after having a drink, it will be my fault and not the officers. Just like if I have a weapon at the time. It's not the officers fault that you took a chance and blew it. A major part of his job is keeping impaired drivers off the road, but I doubt he enjoys that part of it.

Last edited by SpringerTGO; 12-07-2012 at 16:44..
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Old 12-07-2012, 17:20   #244
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Originally Posted by RussP View Post
...

First, however, answer this. Were you put on trial for the alcohol charge?The quiet is your fault. There are many, many questions put to you that you refuse to answer. ...
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Originally Posted by bucksnort1959 View Post
...

I answered the questions to the extent that others have advised is enough. Even some of you questions were answered but you might have missed them.
....
?

I guess I missed it. But I do not seem to understand exactly what charges were filed and whether there was an acquital or a finding of guilt. Could someone point me to the answers to this?
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Old 12-07-2012, 17:46   #245
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Originally Posted by bucksnort1959 View Post
wow, now the names.
"the names" started with your very first post, continues throughout, and yet you have the audacity to be offended & surprised. I'm pretty sure there's a life lesson that's not buried too deep for you there.

Quote:
Originally Posted by bucksnort1959
I was asked if my concealed was loaded.pretty stupid cop and the impending civil rights violation suit will maybe edumacate him

I love that cops have vid rolling to show how inept they are.

Right here pops. Some of us have to toll and get dirty during the day to support you guys


I have to work during the day to support the rest of you slackers

Do you mind Barney going through your personnel belongings on a "hunch" or fishing expo?

...cuffed and stuffed just because maybe Barney thought he was gonna get an atta boy from his boss.

Did you also get a law degree or did youjust do the 60 credit thing to get in?

Hold your horses Bronco Billy.

I amazed at all the posts from cops on the legality of items depicted. I didn't realize you guys also got law degrees. I always assumed you were just evidence gathers.

The reading comp on this board is an absolute joke.

You aren't by chance the famous Milwaukkee pizza delivery boy that shot the robber that started the movement for CCW in WI are you?
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Last edited by jdavionic; 12-08-2012 at 09:10..
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Old 12-07-2012, 18:56   #246
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Old 12-07-2012, 20:57   #247
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If you had a jury trial, op, how many years were you facing? Life is a battle and we are just like animals fighting for survival each and every day.
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Old 12-07-2012, 22:06   #248
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Let's not forget the completely different standard between criminal trial & a civil rights action against a LEO and/or the agency. If the officers acted reasonably in the arrest, there's no chance a civil suit will make it past summary judgment. From the fact patterns given by the OP, I don't see any $$$ in his future; or even any disciplinary action against the involved officers. Frankly it will probably cost him far more money retaining the attorneys who will even consider filing an action.
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Old 12-07-2012, 22:18   #249
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Let's not forget the completely different standard between criminal trial & a civil rights action against a LEO and/or the agency. If the officers acted reasonably in the arrest, there's no chance a civil suit will make it past summary judgment. From the fact patterns given by the OP, I don't see any $$$ in his future; or even any disciplinary action against the involved officers. Frankly it will probably cost him far more money retaining the attorneys who will even consider filing an action.
I agree and I see a total waste of time and energy on his part unless there is something we don't know about.
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Old 12-07-2012, 22:21   #250
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Tagged.

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Old 12-07-2012, 23:38   #251
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Originally Posted by BicycleDay43 View Post
An individual must be 21 years of age to be hired as an LEO for most agencies. (For dealing with handguns, alcohol). Not sure if you're being sarcastic or just full of it.
19.5 in WA state.

http://www.wsp.wa.gov/employment/requirements.htm
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Old 12-08-2012, 01:19   #252
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Originally Posted by Jgriggs View Post
I suspect it has gotten real quiet in here because after ten pages most have gotten bored and moved on.

I have a question for you.
Is it legal in your state to carry while you're drinking?
Is it legal to carry in an establishment or an area whose primary business is to serve alcohol?

Quote:
Originally Posted by bucksnort1959 View Post
Yes as long as you're not intoxicated and yes as long as the establishment does not restrict it (signs in WI carry legal weight)
Put a few qualifiers in red.

Quote:
If not, then your 'who hasn't had a few drinks and sped all around town with a weapon' argument is moot.
It's moot, anyways. We're not the ones who are trying to defend ourselves, online or in court.
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Old 12-08-2012, 02:54   #253
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Very BAD idea to be discussing this "legal" matter here!
Do yourself a favor & let the lawyers handle this, keep your
comments off the WWW, the defense team WILL find this.
Nice to see some degree of common sense still exists on gun forums.
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Old 12-08-2012, 08:58   #254
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You are a poster child for anti ccw groups.
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Originally Posted by bucksnort1959 View Post
I was asked if my concealed was loaded. pretty stupid cop and the impending civil rights violation suit will maybe edumacate him



Moderator Note: I moved this from another thread to its own for better exposure and discussion. Hopefully, it might help others who find themselves in similar circumstances.
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Old 12-08-2012, 10:20   #255
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I don't have anything to add that isn't already here, but I want to know the outcome, so ....I post
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Old 12-08-2012, 10:47   #256
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Quote:
Originally Posted by Jgriggs View Post
I have a question for you.
Is it legal in your state to carry while you're drinking?
Is it legal to carry in an establishment or an area whose primary business is to serve alcohol?
Quote:
Originally Posted by bucksnort1959 View Post
Yes and yes
Quote:
Originally Posted by bucksnort1959 View Post
Yes as long as you're not intoxicated and yes as long as the establishment does not restrict it (signs in WI carry legal weight)
Quote:
Originally Posted by golls17 View Post
Put a few qualifiers in red.
This is how the law actually reads relating to your second question:
Quote:
Quote:
941.237  Carrying handgun where alcohol beverages may be sold and consumed.

(2) Whoever intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 is guilty of a Class A misdemeanor.
(3) Subsection (2) does not apply to any of the following:
(cx) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the licensee or out-of-state licensee is not consuming alcohol on the premises.
Your first question is related to this:
Quote:
Quote:
941.20  Endangering safety by use of dangerous weapon.
(1) Whoever does any of the following is guilty of a Class A misdemeanor:
(b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant;
Now we have the definition of "under the influence" found here,WISCONSIN’S NEW CARRYING CONCEALED WEAPON LAW QUESTIONS AND ANSWERS AUGUST 2, 2011, at Page 30 under the heading, "Can I carry a firearm, concealed or open, in a tavern?"

That document appears to be where bucksnort1959 found his "Jury Instruction".
Quote:
“Under the Influence” has been defined as materially impairing the ability to handle a firearm which is further explained as consuming “an amount of alcohol to cause the person to be less able to exercise clear judgment and steady hand necessary to handle a firearm.” WI Jury Instruction-CRIMINAL 1321.
Probably, bucksnort1959 was never charged with carrying under the influence. He was, probably, arrested based on the officer's suspicion that he was under the influence, but he was never charged.

It was perhaps that suspicion and the resulting arrest that triggered the search of his vehicle. That is, maybe, his complaint in his 42 USC § 1983 action.

He probably alleges that with a BAC of 0.012, he exhibited no physical characteristics of being under the influence. He allegedly has a police dash cam video of the stop. That should show him exiting his vehicle, being handcuffed, and walking back to the police vehicle. The audio would disclose his speech pattern. If all that is normal...

If the arrest was based solely on the smell of alcohol on his breath, without any other articulable evidence of impairment, the arrest may be declared illegal. Then, he may allege, the resulting search of his vehicle and the seizure of his weapon may be violations of his Rights.

bucksnort1959, is that pretty much how things are?
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Old 12-08-2012, 11:43   #257
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Russ, that sounds like the only way it could happen that his rights were violated under color of law. I would like to see the beginning of the tape to see if it shows the traffic infraction that caused the leo to make the stop.

Is this guy really from Wisconsin and do you guys think he is 53?

Friday, Sept. 211:26 a.m. — A 34-year-old Onalaska man was arrested on the 600 block of 12th Avenue North for drunken driving (BAC .012).


If it is Wisconsin and real I believe we can find it on a public search.
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Old 12-08-2012, 11:56   #258
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Quote:
Originally Posted by bucksnort1959 View Post
Yes and yes
Is your other screen name Coleslaw by chance??

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Old 12-08-2012, 11:59   #259
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I'd like to know if he came off as argumentative, belligerent, and uncooperative during that stop as he has here. I'd like to know if he opted for a BAC test in lieu of a field sobriety. I wonder if that might not be the "arrest" he's talking about.
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Old 12-08-2012, 13:22   #260
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If his responses here are any indication the he probably did not answer the questions or asked his own out of nowhere questions.

LEO: Do you why I stopped you?

BS: What percentage of bowlers have picked up a 7-10 split?

LEO: Have you been drinking?

BS: Have you ever had a drink for 4 nights in a row and then skipped drinking for two nights?
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