Would like to see the particulars if that is the case.
Can an officer act on hearsay? For example, people not on the list of approved complainers tell an officer enough to sound credible, can this be acted upon by the officer with an erpo filing?
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Would like to see the particulars if that is the case.
Can an officer act on hearsay? For example, people not on the list of approved complainers tell an officer enough to sound credible, can this be acted upon by the officer with an erpo filing?
Hawkeye
The Leatherstocking
- Jan 29, 2009
- 3,971
No. This has been covered 100 times, some of in this very thread.
Absolutely not.
The ERPO is NOT a search warrant. They have no legal authority to enter your home without your permission while trying to serve one on you. Once you have been served however, if you refuse to turn over your guns, or if the Police believe that you still have guns in your possession, then they can apply for a search warrant and come get them. (Source, MD PSC, §5–607.)
It certainly seems that way.
What I said above does. An ERPO is NOT a search warrant, and they have no legal authority to forcefully search your house during service of one. Now, if you're served and you don't comply, they can get a warrant and come back, but there aren't going to be any SWAT teams and flashbangs just to serve one.
Hopefully the recent incident will teach all sides a bit of a lesson, but that remains to be seen.
Hawkeye
The Leatherstocking
- Jan 29, 2009
- 3,971
It was discussed in the new stories about the incident. The police were called to his home Saturday night for a domestic argument. Then at some point his sister swore out an ERPO against him, and the police returned to his house on Monday morning to serve the order on him, which is when he was shot.
An officer can file for an ERPO for whatever reason he sees fit, but there are specific requirements when filing for one and filling out the form. Any filing would theoretically have to be well supported and have evidence to back it up (based on the law and the screenshots of the actual form which were posted here) or any decent judge would tell him or her not to file specious orders.
I believe you're absolutely right on all points. And this legal abomination is saving lives just like FSA2013 is...
And I still haven't seen the answer to whether he was shot in the front, side or back...
I thought they were there Sunday for the complaint and came back Monday with the ERPO?
I'd like to see the body cam footage of what transpired. Oh yeah that's right I heard both officers failed to have their body cams on when violating this citizen's rights. How convenient!
I know they received full training on how to use them so there is really no excuse!
https://www.capitalgazette.com/news/annapolis/ph-ac-cn-body-cameras-0601-20170603-story.html
I'd like to see the body cam footage of what transpired. Oh yeah that's right I heard both officers failed to have their body cams on when violating this citizen's rights. How convenient!
I know they received full training on how to use them so there is really no excuse!
https://www.capitalgazette.com/news/annapolis/ph-ac-cn-body-cameras-0601-20170603-story.html
I don't think AACO uses Body Cameras
Hawkeye
The Leatherstocking
- Jan 29, 2009
- 3,971
I'm sorry, you're correct. They were there Sunday night for the domestic and came back on Monday with the ERPO.
That's because AACO PD doesn't use body cameras, not because of some conspiracy.
I know they received full training on how to use them so there is really no excuse!
https://www.capitalgazette.com/news/annapolis/ph-ac-cn-body-cameras-0601-20170603-story.html
That article is the Annapolis PD. These officers were AACO PD. Not the same thing.
- Jan 30, 2013
- 34,091
Unlike this unfettered bludgeon to deprive people of their civil rights without due process, FSA2013 hasn't been credited with actually killing anybody yet, has it?
Perhaps when serving these orders they should be required to wear body cams to evidence their violations to the Constitution.
‘Tis worrisome
‘Tis the “open” season
Good Luck everyone.
‘Tis the “open” season
Good Luck everyone.
j_h_smith
Ultimate Member
- Jul 28, 2007
- 28,516
I'd like to see the body cam footage of what transpired. Oh yeah that's right I heard both officers failed to have their body cams on when violating this citizen's rights. How convenient!
I know they received full training on how to use them so there is really no excuse!
https://www.capitalgazette.com/news/annapolis/ph-ac-cn-body-cameras-0601-20170603-story.html
[Deleted Message] Already answered.
damn
stupid effn sister should have thought it out instead of in fit of anger to get back at him. I know others on here will place the blame on the victim but guess what? who cares. I also blame the sister for getting back at him. Now she loses a brother.
I am basing this on nothing. I am basing it off of family arguments where siblings or other family members get so pissed, they try to get back at their other family member just because that way they can be one better. Crap, my family does this crap. Hence, months of not talking with each other.
Now, perhaps the sister was acting in the best interest to protect everyone and her brother. I am not leaning that way.
I guess because since I started owning guns in my house, I have actually changed my attitude when it comes to arguments, people cutting me off, etc. Not so much that I will do something, but because something could happen. Also, I have a lot of time, effort, and money in my stuff. I do not want to lose all that. So if I get into an argument with family members, they will pull that crap on me? Eff'm. No more interaction. The hell with them using it against me not because I got into an argument, but because I have guns and got into an argument.
Damn this was all over the place. Sorry. Carry on. The Molson XXX taking it's toll hahahaha.
stupid effn sister should have thought it out instead of in fit of anger to get back at him. I know others on here will place the blame on the victim but guess what? who cares. I also blame the sister for getting back at him. Now she loses a brother.
I am basing this on nothing. I am basing it off of family arguments where siblings or other family members get so pissed, they try to get back at their other family member just because that way they can be one better. Crap, my family does this crap. Hence, months of not talking with each other.
Now, perhaps the sister was acting in the best interest to protect everyone and her brother. I am not leaning that way.
I guess because since I started owning guns in my house, I have actually changed my attitude when it comes to arguments, people cutting me off, etc. Not so much that I will do something, but because something could happen. Also, I have a lot of time, effort, and money in my stuff. I do not want to lose all that. So if I get into an argument with family members, they will pull that crap on me? Eff'm. No more interaction. The hell with them using it against me not because I got into an argument, but because I have guns and got into an argument.
Damn this was all over the place. Sorry. Carry on. The Molson XXX taking it's toll hahahaha.
This was probably brought up in the original thread but I'd be real surprised if the sister came up with the idea of an ERPO all by herself.
agreed
Yup. Her brother was the "Gun Nut" and he hurt her whittle fweewins and she may not like guns so there...
Yup. Her brother was the "Gun Nut" and he hurt her whittle fweewins and she may not like guns so there...
Nope, she didn't. It was the responding LEO's that informed her of it.
No problem, I only mentioned it because I thought the time line may have been contradictory to some statements made in the email I had gotten, as did several others, with the Governors "reply" to our questions about 1302.
I read the reply again and found out my thoughts were incorrect.
damn
Well, damn. Thank you. Was not aware. So the LEOs said " you know, does he own guns? Well, you know.... you can do this new thing.....We would be more than happy to remove his guns so he won't hurt anyone or himself. The Public Safety, you know?"
Well, damn. Thank you. Was not aware. So the LEOs said " you know, does he own guns? Well, you know.... you can do this new thing.....We would be more than happy to remove his guns so he won't hurt anyone or himself. The Public Safety, you know?"
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