Comments on: Charges Dropped Against Felon With Alleged Sawed Off Shotgun

By: dick tracy

dick tracy — Wed, 15 Dec 2010 03:54:19 +0000

Had he grabbed the gun, shot a deputy, then maybe…….maybe the charges would stick. The report should’ve read, regardless of EXACT TIMING (HA! HA!), “after I read Miranda, suspect stated he had several guns, which was owned solely by himself, still inside his residence”. Then again, that’s just my opinion.

By: Sandra

Sandra — Wed, 15 Dec 2010 03:02:22 +0000

Whatever. You can bet someone didnt follow protocol or this scumbag would be behind bars. Agreed?

By: Renegade

Renegade — Tue, 14 Dec 2010 21:19:35 +0000

Yo SANDRA…
Hate to tell ya, but if someone makes a statement that was not solicited by LEO’s, it will stand in court. An Utterance that is made without request from a LEO is not subject to Miranda and will stand in court. For instance, you walk up to a LEO and state, I shot him, it will stand up.

Only if the LEO’s are asking questions without Miranda being given can the statements be thrown out…

Still…a convicted Felon in the same room as a firearm is a violation….

By: David Huie Green

David Huie Green — Tue, 14 Dec 2010 13:16:26 +0000

■OMRBKH,
I wonder sometimes but I can see instances in which one involved in what is called petit crime or petty crime, take your pick, and the other involves terrorist acts harming many people or major crimes involving thousands of continuing illegal acts. Other times it sounds like some think, “This one’s too easy, let’s throw him back and let him get bigger first.”

David for perspective

By: David Huie Green

David Huie Green — Tue, 14 Dec 2010 13:12:05 +0000

but statements made before being arrested are not subject to the Miranda ruling, so maybe he never claimed the guns. One of my many cousins was found by law enforcement officers in the middle of a well tended crop of marijuana.
“Now we’ve got you!”
“For what?”
“This marijuana!”
“Is that what this is? I was just walking my dog.”
They had to give up.

David for an clean heart
or a straight face

By: Sandra

Sandra — Tue, 14 Dec 2010 11:46:38 +0000

He may have claimed ownership of the weapons before being advised of his rights under Miranda. Those statements would be inadmisable in court.

By: OMRBKH

OMRBKH — Tue, 14 Dec 2010 10:04:26 +0000

@ concerned parent. By law, a convicted felon cannot even be in the same room with a firearm no matter who “owns it”, except when they are in court or jail or otherwise in custody, and the LEO’s have them. A sawed off shotgun, if it is short enough, is still another crime.

By: OMRBKH

OMRBKH — Tue, 14 Dec 2010 09:20:22 +0000

“and then there’s the fact that some people are released and charges dropped if they agree to inform on others in cases nearer and dearer to the attorney’s hearts”

Right you are, Mr Green! I wonder, does that make the person who had the charges dropped any less of a threat to society? Of course not. Politics as usual.

By: David Huie Green

David Huie Green — Tue, 14 Dec 2010 05:51:27 +0000

and then there’s the fact that some people are released and charges dropped if they agree to inform on others in cases nearer and dearer to the attorney’s hearts

By: molino jim

molino jim — Tue, 14 Dec 2010 02:45:37 +0000

I would not get on the SO so fast. The SO does not prosecute a case, the States Attorney does. There have been a number of cases that were dropped that I could not understand the reason for. The one where a person was looking at porn on a computer at the court house and was seen by a number of people. The SA dropped the case for some unknown reason. There have been a number of others. Maybe Mr Bill Eddins would like to start giving a reason for dropping cases.