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re: Auburn's starting safety being arrested doesn't bode well for opener

Posted on 8/26/16 at 11:26 am to
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 8/26/16 at 11:26 am to
quote:

That's what this is all about? What he did would be legal in texas. Unless he isn't 21.


I dont think he is 21, but that doesnt matter in this case.

The main issue is the fleeing, although with the info we have, not sure how the charge sticks. Guessing the gun without a permit charge is a result after the fact which would nix that charge as well.

I see dropped charges or youthful offender/diversion, unless more info comes to light
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64569 posts
Posted on 8/26/16 at 11:28 am to
quote:

A lot of people get permits just so they can keep their gun in their vehicle. The law change means less permits and permit money.


yeah, I mean that's exactly why I got mine in TN, but TN changed the law nonetheless. I understand what you're saying, but I'm still a little surprised that Alabama, a very gun friendly state, hasn't modified their laws to reflect what other states in the region have been doing
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 8/26/16 at 11:29 am to
quote:


I see dropped charges or youthful offender/diversion, unless more info comes to light



Joking about him being slow aside, unless there's some unreported factor, this would be the completely proper outcome.

Kid made a stupid decision to run from the police. Slap him on the wrist and move on.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64569 posts
Posted on 8/26/16 at 11:30 am to
quote:

I see dropped charges or youthful offender/diversion, unless more info comes to light

that will be the likely outcome. Granted it's a different state, but I deal with clients with similar offenses all the time and, if they don't have a record, they generally will get offers for under advisement pleas or, at worst, have to burn their judicial diversion.
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 8/26/16 at 11:30 am to
quote:


yeah, I mean that's exactly why I got mine in TN, but TN changed the law nonetheless. I understand what you're saying, but I'm still a little surprised that Alabama, a very gun friendly state, hasn't modified their laws to reflect what other states in the region have been doing


The legislation has come up each session for the last few years but the sheriff's association is a pretty powerful lobbying group and each time they piss and moan like you're trying outlaw Christmas.
Posted by Jacknola
New Orleans
Member since May 2013
4366 posts
Posted on 8/26/16 at 11:31 am to
quote:

You need to have a permit in Alabama to have a gun in a car within reach and not in an unlocked compartment. Or carrying


OK, who issues the permit? If local police department, does the permit apply State-wide? Is there a State-wide bureau that controls issuing "permits to have a gun in a car?" WFT? Has this law been tested constitutionally?

Suppose he hadn't run...could the police have searched the car and charged him with the firearm count without probable cause? I'm no fan of Auburn or the criminals they put on the football field, but this seems like over-reach by a small-town hick redneck rural farm-to-market police department...oh wait!

I don't think this charge will survive even an Auburn-lawyer's moot court. Unless... the perp had it in his back pocket, carrying without a permit when he ran.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64569 posts
Posted on 8/26/16 at 11:35 am to
quote:

Suppose he hadn't run...could the police have searched the car and charged him with the firearm count without probable cause?

if it was a routine traffic stop, then yes they'd need probably cause to search
quote:

f local police department, does the permit apply State-wide?

yes it applies state wide
quote:

Is there a State-wide bureau that controls issuing "permits to have a gun in a car?"

yes, but the permits are for carrying a gun period. you don't get a special license to carry a gun in your car
This post was edited on 8/26/16 at 11:42 am
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 8/26/16 at 11:38 am to
quote:

OK, who issues the permit? If local police department, does the permit apply State-wide? Is there a State-wide bureau that controls issuing "permits to have a gun in a car?" WFT?


The county sheriff. Alabama is almost shall issue state. The sheriff can deny a permit, but must be able to articulate a valid reason and someone denied a permit can appeal the decision to circuit court.

quote:

Has this law been tested constitutionally?


Only thousands of times. It has been the law for decades and is far less restrictive than the law in many states.

quote:

Suppose he hadn't run...could the police have searched the car and charged him with the firearm count without probable cause?


The first story sounded like he was the driver of the car. Now that it seems like he was a passenger that bolted, I don't think we know whether the gun was in the car or on his person.
This post was edited on 8/26/16 at 11:41 am
Posted by TheGusBus34
New Orleans, LA
Member since Oct 2014
1635 posts
Posted on 8/26/16 at 11:43 am to
He isnt Auburn's starting safety tho....
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 8/26/16 at 11:48 am to
quote:

He isnt Auburn's starting safety tho....


If he isn't, don't blame the non-AU posters in the thread. Blame the AL.com beat writer because here's what he says in the story:

Roberts, who appeared in all 13 games in 2015 and started the final four games of the season, was expected to start at free safety for the Tigers this fall.
This post was edited on 8/26/16 at 11:49 am
Posted by CU_Tigers4life
Georgia
Member since Aug 2013
7500 posts
Posted on 8/26/16 at 12:00 pm to
Looks like Watson will be wearing a baseball cap by mid-third quarter enjoying a 400+ yard game
Posted by Tigerman97
Member since Jun 2014
10354 posts
Posted on 8/26/16 at 12:55 pm to
quote:

Looks like Watson will be wearing a baseball cap by mid-third quarter enjoying a 400+ yard game



This is certainly possible, but it won't be because the back up safety got suspended.
Posted by CU_Tigers4life
Georgia
Member since Aug 2013
7500 posts
Posted on 8/26/16 at 1:27 pm to
quote:

This is certainly possible, but it won't be because the back up safety got suspended.



No..it will probably be due to the fact that your guys ran out of players to field a team and had to bring in the JV players
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