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Other State 16 year old questioned by sheriff department because of a range trip
- Thread Starter Boboclown
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- Thread Starter
- #62
Idk, detachable magazine=AR15 now. Its no longer an AK-47 or AKM, its just a Russian AR-15!
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Wait, there's a Sheriff's Department there? I thought they were too scared to move in on a criminal with a gun? Why the hell is there still someone wearing a Sheriff's badge? The hell with the whole lot of them. We wouldn't send a soldier who ran from a fight back to the fight. Sit your bubblegum down and let the men do the real work. What. a. joke.
Many would ask if they are free to go in such situations. If no, they are, momentarily, under arrest, which can be used latter, if the situation escalates, from a legal standpoint.
That said, they, damn well, better be investigating a crime, because cops cannot go off on fishing expeditions. For example, WAshington cops were using the Public Records Act [PRA (chpt 42.56 RCW) to search electric bill files to find evidence of a crime, as opposed to investigating a crime. The Court stated they could not go off on fishing expeditions, searching for crimes using the PRA.
Essentially, such things can border on or cross over violations of article one, sections seven and nine of the Washington Constitution (similar to the 4th and 5th).
Then there is the whole, anything you say in a civil arena can be used against you in a criminal one, so it may be better to not talk (while remaining polite), since the cop may be trying to investigate a crime you are unaware of and he/she may not be inclined to Miranda you.
That said, they, damn well, better be investigating a crime, because cops cannot go off on fishing expeditions. For example, WAshington cops were using the Public Records Act [PRA (chpt 42.56 RCW) to search electric bill files to find evidence of a crime, as opposed to investigating a crime. The Court stated they could not go off on fishing expeditions, searching for crimes using the PRA.
Essentially, such things can border on or cross over violations of article one, sections seven and nine of the Washington Constitution (similar to the 4th and 5th).
Then there is the whole, anything you say in a civil arena can be used against you in a criminal one, so it may be better to not talk (while remaining polite), since the cop may be trying to investigate a crime you are unaware of and he/she may not be inclined to Miranda you.
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Well... If it were my son, I would not have even had to come to the "office" to make the threat or make heads roll. My son has listened to me "far to much" on 2A rights and your own personal rights and what you must not allow people to do "to you", because those heads would have rolled via him and what he said and what he did, pretty much all on his own.
My only job would have been to go down and retrieve him from custody, of the school or the Sharif or whom ever he went up against then tell them, yes, cross him again like that and the next thing you know you will be setting down with him, me and our attorney.
He was taught what was right and wrong in such cases and what his rights where and how he had to stand up for himself, but with the proper respect for whom ever he was up against.
My son was taught about the bill of rights and the constitution from the day he could hold a conversation.
-----------------------
My son just turned 35 and just had his second child. Just got back a few days ago from visiting him in Michigan and one of his favorite things to recount and talk about is how I "backed him up" when he got on trouble for some BS crap in school.
My wife thinks I created a little monster out of him... but no, I created a patriot who is fully capable of standing up for himself and his rights, as later at age 18, proving he was a real patriot who understood his obligation to his country. He went straight into the army right after graduation from high school and became 82nd infantry, then army intelligence in IRAQ, he served for 10 yrs before he was forced to retire due to PTSD.
My wife blames me for this [army etc], she had a real hard time with him being in the army, but he made it out the back end, alive, but lightly bruised and has now picked up with life and moving forward with a family and career etc.
He has told me he wants my help with raising the kids [my 2 grand kids] I just told him to "wing it" as he knows what is right and had a great example of how and what to do, but I would participate as required, in spoiling them rotten haha.....
Robert
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Yeah, I ain't seein no AR neither...
No one can see the photo of him holding an AR-15? It was pretty obvious to me.
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I certainly hope Kyle Kashuv's dad has told him that the only proper answer to questioning by the minions of Leviathan is "Pound sand - I want a lawyer."
In WAshington and regarding any situation in which you are dealing with local or state government agencies, one of your greatest tools is the Public Records Act [PRA], codified at chapter 42.56 RCW (formerly at chapter 42.17 RCW).
The PRA is MUCH more than just a means of accessing public records. For example, using it, you can build an administrative record at the agency (e.g., school and police department) level.
Courts look to the administrative record of involved agencies, if any, when an action is moved or brought before them. Of course, it is up to you to introduce administrative records, including agency policies and procedures, and move them into evidence to build the record at the court level.
It is important to remember, what agencies cannot produce can be as important as what they can produce:
"We The People may do any act not proscribed, in contrast with representative government, which may ONLY do those acts prescribed."
Obviously, the PRA can be used to access agency records. For example:
1) "Documents the ___ (e.g., school name or police department name)_ believes contain the authority it relied on when it . . . .
2) Documents this agency relied on and that contain the law or other authority this agency assert prohibits a minor, under adult supervision, to handle and use lawful fire arms outside the school.
3) "Policies this agency has in place prohibiting students from lawful exercise of their 2nd amendment or other constitutional protections, including, but not limited to those of article one, sections seven and nine of the Washington Constitution, or the similar fourth and fifth amendments of the federal constitution on their own time, while away from school.
3) If this agency provided documents in response to request item three, above, documents this agency believes allows it to circumvent state or federal constitutional protections.
4) . . . .
In WAshington, agencies MUST respond within five business days. They must produce records not exempted by state law. If they claim exemption, they must, in writing, cite the exemption and explain how it applies. If an agency erroneously withholds a record, it can be sued in an action akin to a show cause process (you don't have to apply the usual processes, such as sixty day wait times and so on). If the agency is found to have improperly withheld a record, they can be penalized up to one hundred dollars a day per record.
When writing a request for records, don't ask questions or for information. Convert your questions and information requests to document requests.
NOTHING prohibits you from incorporating a declaration or affidavit into your records requests. I do that routinely, to preface a request and build a record. As such, you can incorporate a declaration/affidavit setting out the facts.
When you write a declaration, avoid speculation and, certainly, avoid statements you do not know to be true. In WAshington, you will find the basis for this at RCW 9A.72.080.
I can assure you these things can make arrogant public officials VERY nervous. More so when you start uncovering records that document improper acts that can result in agents being held personally liable for them. If you dig much at all, it's not if but how many records you WILL find showing agent acts and omissions that run counter to law.
The PRA is MUCH more than just a means of accessing public records. For example, using it, you can build an administrative record at the agency (e.g., school and police department) level.
Courts look to the administrative record of involved agencies, if any, when an action is moved or brought before them. Of course, it is up to you to introduce administrative records, including agency policies and procedures, and move them into evidence to build the record at the court level.
It is important to remember, what agencies cannot produce can be as important as what they can produce:
"We The People may do any act not proscribed, in contrast with representative government, which may ONLY do those acts prescribed."
Obviously, the PRA can be used to access agency records. For example:
1) "Documents the ___ (e.g., school name or police department name)_ believes contain the authority it relied on when it . . . .
2) Documents this agency relied on and that contain the law or other authority this agency assert prohibits a minor, under adult supervision, to handle and use lawful fire arms outside the school.
3) "Policies this agency has in place prohibiting students from lawful exercise of their 2nd amendment or other constitutional protections, including, but not limited to those of article one, sections seven and nine of the Washington Constitution, or the similar fourth and fifth amendments of the federal constitution on their own time, while away from school.
3) If this agency provided documents in response to request item three, above, documents this agency believes allows it to circumvent state or federal constitutional protections.
4) . . . .
In WAshington, agencies MUST respond within five business days. They must produce records not exempted by state law. If they claim exemption, they must, in writing, cite the exemption and explain how it applies. If an agency erroneously withholds a record, it can be sued in an action akin to a show cause process (you don't have to apply the usual processes, such as sixty day wait times and so on). If the agency is found to have improperly withheld a record, they can be penalized up to one hundred dollars a day per record.
When writing a request for records, don't ask questions or for information. Convert your questions and information requests to document requests.
NOTHING prohibits you from incorporating a declaration or affidavit into your records requests. I do that routinely, to preface a request and build a record. As such, you can incorporate a declaration/affidavit setting out the facts.
When you write a declaration, avoid speculation and, certainly, avoid statements you do not know to be true. In WAshington, you will find the basis for this at RCW 9A.72.080.
I can assure you these things can make arrogant public officials VERY nervous. More so when you start uncovering records that document improper acts that can result in agents being held personally liable for them. If you dig much at all, it's not if but how many records you WILL find showing agent acts and omissions that run counter to law.
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