Profane Inscription On Rifle Ruled Inadmissible

If one looks at 404 (b) (1) contrasted with (2), it's fairly evident that it's still not allowed to be used to show a guilty character.

Even if it were admitted it would be a stretch to show:
motive,
opportunity,
intent,
preparation,
plan,
knowledge,
identity,
the absence of mistake,
or lack of accident when the Rule is interpreted in the manner most favorable to the non-movant.

Just as gang bangers and outlaw motorcycle riders aren't presented to the jury wearing their 'colors', the photos aren't allowed as evidence to sway the jury.
Click to expand...

I think this is a touch simplistic. You seem to be assuming that the DA will make a big speech about the issue and point out the inscription.

As we've said many times, another judge might allow the jury to see the gun even without the hypothetical DA speech. If they see it and decide the defendant is a bad guy, it certainly might influence things like their judgment of intent for instance.

Next, how are you so sure that gang colors are not shown to a jury? We've had motorcycle club incidents that were recorded during shootouts. You can be pretty sure that the videos of the crime taking place will be shown to the jury. If the defendant is in his silly suit - they will see it.

There is a large debate about showing tatoos and the like.

If the colors are necessary to establish identity of the bad person and such colors are on tape or found in possession of the defendant, I think they would come out (opinion from a lawyer on another forum).

Why do folks still want to defend idiocy like that inscription and hope that some nuance of the law might protect you?
 
I'd like to be clear, this was done to a department issued rifle??? or his own personal property??
Click to expand...

I'm from Florence, AZ so this is local to me. No, this was the officer's privately owned AR-15 (semi-auto only) which he was authorized to carry on duty.

The inscription does not seem consistent with a L.E.O.'s duty to protect and serve.
Click to expand...

No, it certainly doesn't. I'd be willing to bet that if anyone in the department inspected his rifle prior to authorizing him to carry it, (s)he is regretting it now!

I don't know any of the particulars of the case, except what has been reported on the news. It's hard to see how this officer felt an imminent threat of deadly force from a suspect who was proned out in the hallway of a hotel, with other officers backing him up (none of which fired). One of the more challenging (sadly) tasks I tried to accomplish in my close to 20 years of experience training judgmental use of force to law enforcement agencies was convincing some young idiots that "I was in fear for my life" wasn't a magic get-out-of-jail-free card; that you actually had to BE threatened with deadly force. :mad:
 
Hmm, Gary, I work down the street from ya...literally.

There are a lot of people in LE and related fields who have tattoos, but many are from a previous time. I have been with my Dept. for 15 years and got my tattoos in the PI before half of my staff were born - should that be held against me 30+ years later? Fortunately, they don't show below short shirt sleeves. We have had standards for people applying for the job as no gang/racial/offensive/etc., tattoos, and none below the wrist line, IIRC, for any and all applicants, but we have staff with neck tats, head tats, etc., fine officers I am glad to work with who bust their rear ends regularly.
As for the inscription on the dust cover, just dumb, in my book - but nobody reads my book. ;)
 
Just to be clear, tattoos don't offend me, even on officers. I try me best not judge by outwardly appearances and I'm not always successful. I will admit I most definitely do judge people, but usually based on their actions. Unfortunately once a bad judgement is made, I tend to look for other indicators as to what kind of person I'm dealing with.

I don't envy law enforcement officers. I respect them and understand they have to make tough decisions in a tougher world.
 
You must log in or register to reply here.
Back
Top