February 17th, 2009 12:45 AM
Question about LA County
Here is the story.
Marshawn Lynch (Bills RB)
Get approached by the police while parked (DWB).
Police recognize driver, conduct search (?).
Find "loaded" pistol locked in the trunk.
What is the likely outcome?
IM non-lawyer O, It seems that is more likely that this guy will get a settlement from the arresting department than he is get charged by the DA, but I dont know the county.
Reason being, he was searched with probable cause of being recognizable as Marshawn Lynch. His handgun was locked in the trunk as California law demands, BUT it was in a loaded condition (unknown if it was condition 1, or if it was California-loaded; bullets within 1000 square miles). It seems to me that he could argue, with the high dollar lawyer, that he intended to follow the law, and misunderstood the meaning of loaded.
The report is claiming a concealed loaded handgun that was (legally) owned by Lynch.
Despite this being a NFL player from Oakland named Lynch,
Does anyone else think this is could be shady arrest? Anyone here think see a second amendment issue? Am I crazy?
FYI, I am questioning "Loaded" based on 12031, and several case law rulings that make "loaded" very vague.
Also, anyone who can get the police report might be able to justify the arrest better, or the other particulars better...
February 17th, 2009 11:56 AM
If he gave them permission to search and they found a loaded gun in the trunk then what's that tell you?Never give the cops permission to violate your rights
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
February 17th, 2009 02:59 PM
Buffalo Bills RB Marshawn Lynch arrested on felony gun charge - ESPN
Where in the story does it say it was in the trunk?
Marshawn Lynch Arrested On Weapons Charge
Buffalo Bills running back Marshawn Lynch is in trouble with the law again.
Lynch, who played in the Pro Bowl one week ago, was arrested Wednesday in Culver City, Calif., on felony charges for possession of a concealed firearm.
The Culver City Police Department on Sunday afternoon released a brief statement with details of the arrest. The statement noted officers spotted three men in a 2006 Mercedes Benz and recognized Lynch as the Bills' running back.
"A subsequent field investigation led to the discovery of a loaded firearm," the report said. "The officers determined the gun belonged to Lynch and he was arrested for possession of a concealed firearm."
Lynch's lawyer, M. Gerald Schwartzbach, said his client was not involved in a traffic incident. Schwartzbach said the player was in California to visit friends.
The Los Angeles County Sheriff Department's inmate database says Lynch was booked at 7:12 p.m. and was released on a $35,000 bond at 8:45 p.m.
"We are aware of it and will monitor it," NFL spokesman Greg Aiello wrote in an e-mail to ESPN.com.
Gun safety is a significant issue in the NFL. It has been a hot topic since New York Giants receiver Plaxico Burress was arrested on two felony charges in December after accidentally shooting himself at a Manhattan nightclub.
"We can confirm that Marshawn was arrested in California and has retained an attorney," Bills vice president of communications Scott Berchtold said in a statement. "We are in the process of trying to gather the facts and will not offer a comment while that process is ongoing."
Lynch's agent didn't return ESPN.com's request for a comment.
Lynch last summer was the subject of a hit-and-run investigation in Buffalo after his luxury SUV struck a woman in the street and sped away.
After nearly a month of posturing from Lynch's lawyers and the Erie County District Attorney, Lynch paid a $100 fine in a plea agreement. He didn't face criminal charges because the woman's injuries weren't serious enough. She sustained a bruised hip and cut to her thigh that required seven stitches at a local hospital.
In 2006, as Lynch was about to enter his junior season at California, he was the target of a drive-by shooting outside his prep alma mater, Oakland Technical. Police determined Lynch was the victim of mistaken identity.
Lynch, who will turn 23 in April, ran for 1,038 yards and eight touchdowns last season. He also caught 47 passes for 300 yards and a touchdown.
February 17th, 2009 06:14 PM
It was not indicated in that story, or by the department after the arrest.
Originally Posted by archer51
"Lynch's attorney told NFL Network that Lynch was not involved in an accident to cause police officers to confront him and that he was in California visiting friends:
This incident did not involve any violence. Although I am in the process of gathering facts, my current understanding is that the weapon wasn't on Marshawn's person, he was not driving. This weapon was in the trunk."
It has not been disputed by anyone...
This is another reason I think the whole thing is a gross violation of his rights and my rights as a gun owner. The record of the arrest (other than there being an arrest) has not been made public at all...
I post on the Cal "Scout" forum (as Phantomfan) and there are two threads there regarding this, where I first heard it was in the trunk with a link (now dead). As it is, Most Cal fans have already convicted him because it is a gun crime.
(That site is FULL of people claiming you cant do this or that with a gun in California, owning one makes him a criminal, etc).
February 18th, 2009 12:10 PM
It's a misdemeanor since he was the legal owner of the registered firearm. Sounds like he wasn't aware of the requirements for transporting a handgun. He'll probably get community service and the DA will want to destroy the gun.
Since I can never be 100% sure that I have not violated some law some how, I will never consent to a search of my person, my vehicle or my home. I won't fight, but I will state clearly that they don't have my permission. Then I'll shut up.
Those who will not govern their own behavior are slaves waiting for a master; one will surely find them.
February 19th, 2009 04:31 PM
Just to give a small update.
As the facts trickle out...it seems like he should be in jail.
The ownership of the gun is questionable.
He was PARKED with no plates when the cops "stopped" him.
They were smoking weed, but the police could not determine who's weed it was, and that is what precipitated the search.
The gun was "Loaded," whatever that means.
Seems like if he was high and in possession of a firearm he should get the book thrown at him.
What an idiot. Sad times for a big Lynch fan from his time in HS.
February 19th, 2009 05:00 PM
Appears to be just another athlete who thinks he's above the law.
February 19th, 2009 05:18 PM
February 19th, 2009 07:06 PM
A loaded handgun in CA means that the gun has unfired bullets in the gun and in a position to fire. With a pistol, that means a magazine with bullets has been inserted into the pistol, and / or an unfired round has been chambered. With a revolver, unfired bullets in the cylinder. A loaded magazine laying next to the pistol in a shoebox, with no bullets inside the pistol, is not a "loaded" gun by CA statute. Of course, all LE in CA realizes this...
Had the above conditions not existed, the placement of the handgun inside the locked trunk would normally satisfy non-CCW transportation of a firearm. Lawful CCW transportation would require that the handgun is listed on the person's CA CCW. CA does not currently recognize any other state's permit to carry.
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