TIP: Click on subject to list as thread! ANSI
echo: askacop
to: RICH WILLBANKS
from: CHARLES HUNTER
date: 1998-03-30 08:39:00
subject: Teenage Smoking

RW>How can a government agency, specifically a law
  >enforcement agency, make a civil seizure?
Pursuant to a forfeiture statute.
RW>Sure it does.  Ever heard of. . .rats what's the term.
  >. .where a judge has no say in the sentence?  What is
  >that but ZT?  The politicians have taken the judges out
  >of the loop the same way they have taken the police
  >out.
Sentencing guidelines as zt?  No, I don't think so.
RW>It was, a weapon was found in the passenger compartment
  >of a vehicle.
Not neccessarily.  Possesion of the weapon without more does not
constitute a crime, unless of course it was determined to be stolen.
Finding you in possession of a weapon, the first thing that an officer
has to do is determine whether or not you have a permit or other 
justification to have that weapon. He can do that by asking you if you
have a permit or by a simple records check.  Probable cause, Rich.
RW>Isn't the driver of the car responsible for what is in
  >the car?  If you find two pounds of cocaine in the
  >trunk you usually arrest the driver.
Sometimes.  Sometimes the owner of the vehicle depending on the
circumstances of the case.
RW>Sure in a perfect world but there's no way you can say
  >that mens rea has been 'over looked' in a trial.
  >Especially a trial where the DA is trying to make
  >political points before an election.  As I have said ZT
  >is a political beast that feeds on poll numbers.
Mens rea is essential in most prosecutions; and it's one  of the first
things to be determined regardless of the agenda of the DA.
RW>From everything I have read, there is evidence that a
  >shoot on site order was given to the sniper(s) and it
  >was carried out.  Even the sniper admitted that he was
  >firing on the two men as they were running for cover.
  >Hard to make a case that a running man is posing an
  >immediate threat.
I don't have a problem with that.
RW>You'll also notice how fast they went to the federal
  >judge after the state said that it was going to bring
  >the shooter up on state charges.  Does make a person
  >go; Hum. . .
It went to federal court pursuant to federal statute.
CHARLES HUNTER
 * 1st 2.00 #9124 * Vegetarians eat vegetables.  Beware of humanitarians!!!
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