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Here's why we can't have nice things.
Big gummint at work.
http://abcnews.go.com/US/jersey-man-...2287484&page=1 C'mon. Logic and the Judicial system just don't mix, I guess. |
Not only that, but it is no longer a crime to use another person's social security number :doh:
Dont really know what this country is coming to. EDIT: From MSNBC Quote:
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Okay I get that's it not "identity theft" per se if you made up what you thought was a random SSN that turned out to belong to someone else, since an argument could be made that you didn't intend to steal that person's identity in particular, and didn't use or even have their name and other identifying information.
But wouldn't giving any SSN that isn't actually yours be, I dunno, falsifying information? Fraud? Something covered by some statue somewhere? Regardless of whether or not you knew it belonged to anyone else, it's not yours and you're putting it down like it is in order to get something that you wouldn't be able to get otherwise. |
So he checked on the laws to make sure he followed them, then was found to be in violation of the laws as he had checked on but not followed.
If local government(big government as you put it) wants mandatory sentencing then people shall expect mandatory terms. To complain about getting caught after checking the laws makes this individual a real numbskull. So to summarise he was moving from one place to another but hadn't got a get out that he needed, his defence was that he should be exempt as he was claiming he was really moving from a third place instead of between the two places he did...which is moot anyway as he hadn't sorted the move between the two let alone the claimed third move. So he was attempting a pure bull excuse. Besides which even if he had got the gun move sorted he was still transporting illegal ammunition and accesories which as he claimed to have checked the laws he must have known were illegal. Quote:
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I agree that this man should have never have gone to prison and that IMHO should have never gone to trial either. However I can't help but feel that when asked if the police could search his car, just saying no could have stopped the whole scenario. Stand by your 4th Amendment right, if they don't have a warrant (and presumably no probable cause from what the story says) then they don't get to search anything.
As to the Social Security Number thing, if it isn't your number it isn't your number, period! If someone uses their name but my number for a car loan and doesn't pay for it, who gets the shaft on their credit report there? |
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The problem with mandatory sentences is the lack of actual judgment by the judge. Mitigating circumstances matter.
Case in Point: I have heard more than one "baby-delivery" story from mothers who tell of high-speed rides to the hospital that, instead of resulting in the immediate incarceration of the driver, instead end with a police escort to the ER. Clearly, this circumstance isn't the same, but the exercise of judgement is. After having the situation explained to them by the defendant's mother, who initiated and then aborted the call, why should the LEOs have any reason to ask to search his vehicle? That's the judgment question. No crime had been committed. If nothing else, I think that we can agree that the article is perhaps not telling the complete story. |
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This doesn't help the LEO logic & judgement argument. http://gizmodo.com/5704184/police-sp...ly-a-movie-set OR... it's an affirmation of a quality job on the special effects team's part. |
Here was the problem:
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Clear enough, not only had a crime been committed...several in fact but given the circumstances the police would be required by law to search the car. Quote:
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We have NO EVIDENCE in the article that a criminal act had taken place upon the driver's arrival back at his mother's residence. (That's the key I'm arguing on here - there's nothing in the article to suggest that the LEOs had any reason to ask to search the vehicle.) True, criminal possession was taking place. But the LEOs (according to the article) had no reason to suspect it was taking place. And the defendant, who clearly thought he was OK with the firearms in the car, since they were stowed properly disassembled and not easily accessible from within the vehicle, allowed the search, since he also did not suspect a crime had been committed. After all, wouldn't you deny a search if you thought you were wrong? |
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You have already said the article doesn't tell the full story:haha: Quote:
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Obviously the article isn't telling the full story is it...damn that liberal media. Quote:
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