quote:

Originally posted by Voshterkoff:
Every cop involved in this needs to be decorating a streetlight by sundown.

Congratulations. You just typed the dumbest thing on the internet.

Sorry,
They aren't cops, they are domestic enemies.

I only have three words for this...

Un. Freakin'. Real.

quote:

Originally posted by Voshterkoff:
Every cop involved in this needs to be decorating a streetlight by sundown.

At least mocked and shamed until the police chief and mayor resign over the idiocy. If that doesn't happen, the citizens of that city are indicating that they approve.

The police have charged him with desecration of a grave, and receiving stolen property,allegedly some of the items look like they could have came from a local cemetery.

Sounds like this guy was starting to lose it. Other than the live shells in the house, he had several stolen grave markers most likely from a nearby grave site.

Did they throw them on top of each other in the back of a truck?

So a search warrant was issued simply on a tip that he was not storing firearms within his home in the state approved manner?

And yet some ask, what is wrong with safe storage laws.

These sort of "Police State" laws should scare us all.

"Police executed a search warrant at 50 Doane St. on Friday after receiving a tip that the homeowner, Robert Stoddard, had dozens of improperly secured firearms inside."

"State law requires firearms to be secured in a locked cabinet or with a trigger lock."

quote:

Originally posted by rscalzo:
Sounds like this guy was starting to lose it. Other than the live shells in the house, he had several stolen grave markers most likely from a nearby grave site.

Yes, but according to the news reporting, that is not what the search warrant was for.
A search warrant for stolen property, is quite different than what has been reported.

Although Texas doesn't have such stupid storage laws, no neighbors of mine would know if I did or did not have my firearms properly stored, because I don't let any of them into my house.

I recommend that rule to any of you living in Massachusetts.

flashguy

Another commie state that I will never set foot in.

I have not only unsecured weapons in my house, they are loaded, with a round in the chamber.

Hopefully the Gestapo doesn't show up at my house and unbag/uncase them all and throw mine in the back of a random pickup truck.

As far as stealing people's grave markers that's some really fucked up shit right there.

quote:

Originally posted by spunk639:
The police have charged him with desecration of a grave, and receiving stolen property,allegedly some of the items look like they could have came from a local cemetery.

A local media article on this.

My comment on this is, if the search warrant was for the unsecured guns, doesn't that rule out anything else (grave markers) that was found in the search? You know "fruits of the poisonous tree", as it were. Perhaps, I watched too many Perry Mason episodes as a kid.

Wicked Local-Cohasset: Cohasset man with unsecured guns faces host of charges

quote:

Cohasset Police filed charges in Quincy District Court today against Robert Stoddard, 65, Cohasset, for desecrating a grave (3-counts), receiving stolen property (5-counts), improper storage of a handgun (3-counts), and possession of a firearm with obliterated serial numbers.

Stoddard was the subject of an investigation last week when police investigated complaints about his behavior and unsecured firearms at 50 Doane Street.

While executing a court authorized search warrant last Friday, officers removed numerous unsecured weapons from Stoddard’s home, along with military, fire department, and police grave markers, which police allege he stole from a cemetery across the street from his home.

Police are now working to identify family members of the servicemen, firefighter, and police officer, whose graves were impacted by these thefts.

Police also recovered military mortar shells during the search, which were turned over to the US Navy. Agents from the Federal Bureau of Alcohol, Tobacco, and Firearms (BUATF) are assisting Cohasset Police Detectives with this case. This remains an active investigation.

WRT the search warrant, If the Police are there legally (search warrant) for anything, if they see other illegal items(in plain sight) then it is absolutely OK for them to seize those items and investigate, and levy the appropriate charges. (which is why the very little information given says that charges had not been filed-they hadn't finished investigating)

I'm not commenting on the reason for the initial investigation, but the police had the legal reason for being there-a judge had issued a search warrant. There is nothing MORE constitutional than a Warrant.

quote:

Perhaps, I watched too many Perry Mason episodes as a kid.

You did, actually. If I am searching for guns, and I find methamphetamine, it is all good. If I am searching for methamphetamine, and I find stolen property, it is all good.

Now, if I am searching for people, and I find methamphetamine in plain sight, I need to go back and get another warrant that allows me to search places smaller than where people could go, for methamphetamine. As long as the items could be located in a similar sized space (IE drawers), the warrant and search will stand. If you go in with a warrant looking for people, and you start searching jewelry boxes, and find contraband, it won't hold.

Sounds to me like the possibility exists that FB blew this up as a "gun confiscation" issue, when in fact he committed a bunch of crimes and got some gun seized.

quote:

Originally posted by Storm:

My comment on this is, if the search warrant was for the unsecured guns, doesn't that rule out anything else (grave markers) that was found in the search? You know "fruits of the poisonous tree", as it were. Perhaps, I watched too many Perry Mason episodes as a kid.

From what I understand (not a lawyer), the whole "fruits of a poisonous tree" thing is if they DON'T have a warrant.

So, police break down my door and just storm in because they 'know' that I have illegal drugs in my home (ie, no probable cause). They find a crack pipe, and arrest me. THEN, still without a warrant, they find a dead homeless dude in my basement. From watching Law and Order, they have to throw out ALL the charges, unless they find unrelated evidence (like security camera footage outside my home) linking me to the murder.

In this case, they had a warrant for either the guns or grave stuff. Once they came in with a warrant, ANYTHING they found in the home is legal (as long as the warrant covered it - if the warrant only covered the upper floor and they find stuff in the basement, then it is no good). So, they come in looking for grave markers (with warrant), but find the dead homeless dude, they can get him for grave desecration AND murder.

In this case, he apparently had a butt-ton of unsecured weapons (a crime in Ma). So, they confiscated them, too. The only real problem I have with this part (besides from Ma's stupid gun laws) is the way they just seemingly threw everything in the back of a truck. That alone would scratch and mar many of the weapons; I don't know how they transported them to the station or evidence locker (hopefully, not stacked in the open bed of a truck. . .). They should have an obligation to protect the property in their custody until due process has occurred (to see whether he could ever get them back or not).

quote:

Originally posted by Hound Dog:
From what I understand (not a lawyer), the whole "fruits of a poisonous tree" thing is if they DON'T have a warrant.

It's a bit more complicated than that.

For decent info on these, and other criminal justice related legal topics, feel free to download the Federal Law Enforcement Training Center Student Legal Handbook here: https://www.fletc.gov/legal-division-handbook-pdf

You can also get the companion reference book, with excellent caselaw synopses here: https://www.fletc.gov/legal-di...n-reference-book-pdf

In the Student Handbook you can read about "Plain View Doctrine" (p319 and 320), or the "Exclusionary Rule" (p316 through 318), which includes the "Fruit of the Poisonous Tree" doctrine. If you're still having trouble sleeping, the cruise on over to the Reference book, which has wonderful things like synopses of six different US Supreme Court rulings on the "Fruit of the Poisonous Tree."

If a bit of time with both those books hasn't put you to sleep, then seek medical attention, as you have insomnia that needs the help of a medical professional.

I would want to know how the neighbors "knew" his firearms were "unsecured"...I wonder if they made shit up to the police?

Either way....if I live alone the secured windows and doors should be enough of a "storage container"--as no one else is permitted to be there but me.

Another abuse of a feel-good law.