In determining whether an officer had probable cause, I place myself in the shoes of a reasonable person in the position of the officer, not an omniscient observer, id., and I consider the totality of the circumstances. [More]If only Gonzalez had the magic raiments and amulet...the ruminants could have gone back to digesting their cuds. (As an aside, it sounds like he needs to educate his brother about not talking to the police.)
Maybe Judge Adelman meant "totalitarianism" instead of "totality"? Because a mere citizen can't legally carry concealed there, so ruling open carriers can be harassed like this is a huge "Gotcha!"
But hey, we all know the only reasonable armed people in Wisconsin are "Only Ones," right? Just ask Michelle and Tyler...
Figures, for a Clinton appointee.
And for someone Herb Kohl wants Obama togive even more judicial weight to.
UPDATE: This really changes nothing as far as the above observations in re the principles of peaceable armed citizens are concerned. So expect the anti-defense authority worshipers to act like it's representative, and that it confirms only Michelle and Tyler should have guns. And also keep in mind Gonzalez claims the men were trying to assault him and that he called 911.
MORE:
Enter names of all parties involved here. A prior battery conviction for one of the victims?
[Via cycjec]
5 comments:
If you're not cop, you're nothing.
I would be more afraid of someone with a machete or axe in a hardware store than someone with a holstered pistol in a sporting goods store.
So, basically, hoplophobia in the populace is grounds for arrest for disorderly conduct when you openly carry in Wisconsin.
Looks like it is time for mass desensitization. I suggest peaceful mass assembly by those openly carrying in both of these arrest locations. Overwhelm the police department and court system to the point where the police officers are ordered to no longer arrest for these charges that will not stick as continued arrests will bankrupt the community.
I can write the judge's decision in very few words. Here goes:
"The law be damned. We don't like it, so fuck him."
Um, how many persons named Jesus Gonzalez live in Milwaukee?
Reason I ask:
Jesus Gonzalez, 23, accused of killing Danny John
Officials say Jesus Gonzalez, 23, is responsible for the shootings. He's been charged with murder and attempted murder. Court documents show there may have been a confrontation just before the shooting.
Oh well:
Shooting suspect was strident in support of open carry efforts
A prominent gun rights advocate charged in a May 9 homicide seemed impatient with others in the so-called open carry movement when he announced his intentions on a message board two years ago.
Gonzalez had filed a federal civil rights lawsuit last year over his arrests in 2008 and 2009 for wearing a loaded handgun into a Menards and a Wal-Mart. Neither disorderly conduct arrest led to formal charges, and a week after his suit was filed, state Attorney General J.B. Van Hollen advised law enforcement agencies that wearing a gun in public, by itself, is not evidence of disorderly conduct. Gonzalez's case was being followed by gun rights advocates around the region. He was being represented by a Georgia attorney who specializes in gun rights cases.
A judge dismissed Gonzalez's civil lawsuit two days before he was charged in the shootings.
As part of that suit, he was interviewed under oath in September, and partial transcripts of the deposition reveal a little more about Gonzalez's interest in Second Amendment rights.
While he said he had no formal training in firearms or the law, he sparred repeatedly with Remzy Bitar, an attorney for the two cities named in the lawsuit, and showed a detailed knowledge of statutes and case law relating to gun possession, even citing oral arguments from notable cases.
Bitar asked many questions about comments Gonzalez posted on OpenCarry.org, an Internet forum for discussions about gun laws and rights. Gonzalez also recounted in detail his store visits that led to arrests in West Milwaukee and Chilton and became the subject of his federal lawsuit.
After the shootings, police served a search warrant at Gonzalez's home and seized three additional handguns, three rifles, a shotgun and about 1,300 rounds of ammunition. They also seized correspondence that appeared to be related to his civil lawsuit, a hunter safety certificate and receipts for the purchase of some of the weapons, including the 9mm handgun police say was used against John and Corn.
Gonzalez, who is being held on $100,000 bail, has no prior criminal record. His attorney, Nelida Cortes, did not return messages seeking comment.
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