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Old 09-12-2009, 04:12 AM   #1 (permalink)
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NM: Judge tell police to leave OCers alone

Nice article with link to the ruling.

Federal judge rules police cannot detain people for openly carrying guns

Those police are in deep doo doo without their immunity.
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Old 09-12-2009, 06:37 AM   #2 (permalink)
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Not only did he rule for the gun owner, it was a summary judgement.
Quote:
Accordingly, Mr. St. John's motion for summary judgment is granted with regard to his Fourth Amendment and New Mexico constitutional claims.
That means it was so cut and dried it didn't require a trial, just the submitted documents, to make a ruling.
 
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Old 09-12-2009, 10:07 AM   #3 (permalink)
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Can this ruling apply in Milwaukee?
 
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Old 09-12-2009, 10:14 AM   #4 (permalink)
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Rock on!!!
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Old 09-12-2009, 11:07 AM   #5 (permalink)
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Examples need to be made of the cops in this case.
 
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Old 09-12-2009, 11:31 AM   #6 (permalink)
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Can this ruling apply in Milwaukee?
New Mexico is in the 10th US District and Wisconsin is in the 7th.

http://www.uscourts.gov/images/CircuitMap.pdf
 
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Old 09-12-2009, 12:12 PM   #7 (permalink)
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Quote:
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New Mexico is in the 10th US District and Wisconsin is in the 7th.

http://www.uscourts.gov/images/CircuitMap.pdf

this ruling is out of a District Court in the 10th District, but was not a decision out of the larger 10th Circuit Court of Appeals itself, but I don't see why it will not likely be quoted and used in rulings in other districts.

I don't see why a ruling out of one district can't be mentioned, or used in cases in other districts...and hopefully it will.
 
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Old 09-12-2009, 12:13 PM   #8 (permalink)
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Quote:
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Can this ruling apply in Milwaukee?
It can and should but that doesn't mean it will.
Here's the caselaw cited in the ruling:
Quote:
Judge Black's opinion is consistent with numerous high state and federal appellate courts, e.g., the United States Supreme Court in Florida v. J.L. (2000) (detaining man on mere report that he has a gun violates the Fourth Amendment) and the Washington Appeals Court in State v. Casad (2004) (detaining man observed by police as openly carrying rifles on a public street violates the Fourth Amendment).
 
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Old 09-12-2009, 12:15 PM   #9 (permalink)
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Can this ruling apply in Milwaukee?

it won't have to apply, but I don't see why the case cannot be used in pleadings in Wisconsin or anywhere else, but--there is so much pressure being placed on OC'ers in Wisconsin--Milwaukee in particular, but in other places--that Wisconsin is just ripe for a major civil rights case.

The OC arrest of a man on his own property, on his own porch this past week for simply refusing to give his name to the police--is going to be a nice civil suit against the police.
 
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Old 09-12-2009, 12:49 PM   #10 (permalink)
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What about being left alone in Tennessee?

There have been plenty of OC Tennesseans on this board alone with stories just like Matthew St. John's.

Quote:
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Can this ruling apply in Milwaukee?
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