Nabu machine gun, crack, and a bad traffic stop

[Devlin]

They will lose this case in the motion to suppress hearing , fruit of the forbidden tree will kick in but it is a good story. Willistion is a small little hick town in Norther Florida known as a speed trap.

http://www.ocala.com/article/20080610/NEWS/375703084

Traffic stop leads to arrest and rare machine gun

By KAREN VOYLES
The Gainesville Sun

Published: Tuesday, June 10, 2008 at 3:30 p.m.
Last Modified: Tuesday, June 10, 2008 at 3:44 p.m.

WILLISTON - A woman reportedly driving five miles an hour over the speed limit in Williston led police to a World War II-era Japanese machine gun.

Agents from the U. S. Bureau of Alcohol, Tobacco and Firearms confirmed Monday that the gun seized June 5 was a rare Nambu machine gun used by Japanese soldiers during World War II.

According to Police Chief Dan Davis, the case began when Cpl. Kevin Sheppard pulled over a red 1995 Mercury for driving about 30 mph in the 25 mph zone in the 100 block of Northeast 11th Avenue. Sheppard said he grew suspicious of the driver and passenger after seeing a crack pipe protruding from driver Traci Bower's clothing.

A subsequent search of the car turned up an assortment of prescription drugs and the machine gun.

"When he [Sheppard] opened the trunk, he saw the butt end of the gun," Davis said, "but when he started pulling it out, he realized it was very heavy - much heavier than a shotgun or a rifle and much longer. He kept pulling and the gun kept coming out. It was much longer than the guns we usually see."

The women reportedly told police the Nambu belonged to Bower's grandfather. Davis said his agency is trying to confirm ownership of the gun. Davis also said investigators suspect the women were planning to trade the Nambu for crack.

Bowers, 45, of Dunnellon, and her passenger, Abby Ross, 45, of Beverly Hills, were charged with illegal possession of prescription drugs and possession of drug paraphernalia.

[Hitoru]

So it was a bad stop ? The Officer claimed to see a crack pipe.



I wonder what model of Nambu it was, there is a good chance it is a dewat (deactivated).

[Devlin]

The problem is the traffic stop. Speeding violations in the state start at 6mph over the limit. In the article, there is no mention of a speeding citation being issued. The reason is he can't write one for only five over the limit. So he had no legal reason to stop that vehicle. With no legal reason to stop that vehicle, anything discovered after the stop will be tossed out if the defense attorney makes the motion. It is referred to as The fruit of the forbidden tree. We call it the P.C. ticket, or the probable cause ticket. You need to be able to write the ticket for what you stopped the guy/girl for.

I will give you an example. In the area I work a good bit of street dealers move product on bikes. Well down here you need to have a proper light on a bike at night. We do the stops on these guys for not having the lights. We get to run their names and check for any wants or warrants. If they have a warrant, we get the arrest and the legal search of their person, find more dope and add more charges, but the bike ticket needs to get written because that was the reason for the stop in the first place. No warrants, and I give them a verbal warning for not having the light.

http://legal-dictionary.thefreedictiona ... idden+tree

[Mikethehack]

How do you accurately measure the difference between 5mph and 6 mph?

[Hitoru]

Thanks Professor, that's some useful information.

And Mike, I've argued the same point with an officer and in court. They replied that both the officer and radar are both certified accurate. I'm sure a lawyer could have beaten the ticket.

[Devlin]

How do you accurately measure the difference between 5mph and 6 mph?

Both Laser and Radar units in the state have to be sent out and calibrated several times per year. The records of this have to be brought into court when the ticket is contested. An independent company does the calibration.