NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: Dan W on July 04, 2009, 08:28:54 PM
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http://www.kolnkgin.com/home/headlines/49627267.html
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
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.
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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?
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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
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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
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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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So if I pick up M16 magazines at a gun show with such stampings and later have them found in my possession by law enforcement they can prosecute me?
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Many of my used Glock magazines had Law Enforcement Only stamped on them.
Sounds like this new felon admitted to stealing from the Goverment.
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I posted about this new story on thehighroad.org. This prompted many of the readership there to contact the Nebraska State Patrol. Here is the response from State Patrol.
?The Nebraska Sate Patrol has received numerous contacts from members of your website in regards to a recent news story involving a vehicle checkpoint. We would like to address the situation in this email, to ensure your members are aware of the situation as it unfolded. If possible would you please post the following reply so that all of your members might view our response.
Thank you for taking the time to contact the Nebraska State Patrol with your concerns, about a recent TV news stories filmed during a fireworks checkpoint in Nemaha County, Nebraska. You are correct that the possession of magazines marked in the fashion described by many of your members are legal to possess. Our trooper made an inaccurate statement to the news crew filming the story. This was pointed out to him by his fellow officers soon afterward. This also was not a factor in the arrest of the suspect. The subject in the story was placed under arrest for DWI. The officers obtained additional information that the magazines in question had been stolen from a specific National Guard Base in Nebraska. This information has been forwarded to the local prosecutor. It will be up to the prosecutor to decide whether additional charged are filed for possession of stolen property.?
Sincerely,
Captain Steve Ayres
Nebraska State Patrol
Edited for color, difficult to read.
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Can we figure out a way for the LEOs who think they are The Only Ones to identify themselves...... some kind of extra badge or somethin' ?