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More Disinformation from KOLN and the Nebraska State Patrol
Dan W:
http://www.kolnkgin.com/home/headlines/49627267.html
--- Quote ---Nebraska State Patrol were surprised at some of the cargo they found while conducting a checkpoint for illegal fireworks near Auburn.
"During an inventory of the vehicle... we had four weapons located in the vehicle, two rifles, an Egyption AK-47, as well as a shotgun, 12 gauge, which was unloaded, and two 45 caliber pistols. All of them were properly secured in the trunk, nothing illegal about that. However, he was found with eight magazines for the army, M-16 rifle, 30 round magazines, these are illegal because they are stamped for law enforcement only, which he did acquire from the army," said Trooper Christopher Richardson.
More at the link
--- End quote ---
Now I agree that this guy may be an idiot, and he may have stolen some magazines from the US Army, but the "law enforcement only" markings on the "M16" mags have absolutely no legal consequence since the sunset of the Assault Weapons ban over 5 years ago.
I find it quite disturbing that the NSP is incapable of determining the legality of possessing these magazines by other than law enforcement.
bkoenig:
I always wonder how these checkpoints can be legal. How can they justify stopping and searching every car that comes through? How would that be different from them going house to house searching for drugs?
Dan W:
In this case they probably did an inventory of the vehicle as a result of a DUI arrest, unless the driver agreed to allow a search. The Supreme Court has ruled that sobriety checks can be legal if properly conducted , and I think they can stop anyone and ask for license and registration.
That doesn't clear them though in the bogus claim about illegal magazine possession, but the driver may have admitted to the stolen nature of the magazines, thus the charges that are in the article
Randy:
Yes, than can stop you with a probable reason which they probably teach them in LEO school and can be just about anything. Such as you crossed the center line, etc..
Found this interesting NE court case below.
Nebraska Upheld under state law. State v. McCleery, 560 N.W.2d 789 (Neb. 1997).
Checkpoint avoidance does not justify an investigatory stop.
Ref. http://www.iihs.org/laws/checkpoints.html
Poor Man:
Regardless of all the legal aspects, I've found that it doesn't matter what "they" can't do while "they" are doing it to you.
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