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Started By
Message
re: Fully loaded 9mm found in Smiths car
Posted on 4/12/16 at 9:31 pm to Lester Earl
Posted on 4/12/16 at 9:31 pm to Lester Earl
quote:
Lester Earl
1
Posted on 4/12/16 at 9:31 pm to BigBrod81
quote:
a third weapon, a .45-caliber handgun collected immediately by police
"Collected immediately"
From the dispatch call
quote:
"I think we got the -- shooter's on the scene," the second officer says. "We've got one gun recovered on scene."
That same officer continues: "Shoring that up, we got two black males in custody ... with a firearm
Sounds like Hayes was carrying, or more than likey, dropped the gun to the ground when police arrived
quote:
The quotes above are what I explained earlier in this thread. Neither weapon found today was in plain sight. They were in a compartment which is why NOPD went through so much to make sure they were collected with a warrant. Had these weapons not been collected with a warrant, they could have been thrown out as evidence in court.
none of that is fact A gun could've been in plain sight, and the tow truck got a police escort to evidence garage never leaving the polices sight. If we want to speculate ...
Posted on 4/12/16 at 9:34 pm to tigerskin
The Hummer was feet from the car at the turn. If he didn't get it there, he wasn't looking for a license plate number.
Posted on 4/12/16 at 9:34 pm to teampick
quote:
When you can offer a plausible defense under the law by saying you were threatened or felt threatened and you can kill the one witness who might disagree that he/she is a threat, that's a dumb law. I'm sorry you don't like to hear it.
This was already broken down & discussed earlier in this thread. You need to back & read a few pages in reverse. You are wrong. Sorry.
Posted on 4/12/16 at 9:34 pm to Lester Earl
quote:
what have they all said? especially the ones in the impala and with will smith. Where can i read what they have said?
Sigh. I didnt think you were as bad as gmrkr5.
Do you honestly believe, in that argumentative little brain of yours, that if any of the witnesses saw Smith brandish a gun, Hayes would be facing Murder 2 charges and attempted murder 2 charges?
Posted on 4/12/16 at 9:34 pm to BigBrod81
i'll give you a free saints ticket for the year iif you can find quotes from the people in Smith's car or in the impala
Posted on 4/12/16 at 9:34 pm to LNCHBOX
quote:
The NOPD explicitly said no visible gun was found. That point is done
I can't find it
Link it up plz
Posted on 4/12/16 at 9:36 pm to Vacherie Saint
quote:
Do you honestly believe, in that argumentative little brain of yours, that if any of the witnesses saw Smith brandish a gun, Hayes would be facing Murder 2 charges and attempted murder 2 charges?
what are they supposed to hit him with when there are so many loose ends?
you are going on record saying the Murder 2 is going to stick?
Posted on 4/12/16 at 9:36 pm to gmrkr5
There is too much stuff in the way to make that a realistic possibility. One in a billion chance, sure I'll give you that. But I'm guessing you wouldn't bet on that.
Posted on 4/12/16 at 9:38 pm to teampick
I know he wanted more than that. Just saying that you claiming the most reasonable thing to do was stay put isn't reality. The most reasonable thing to do is follow long enough to get the license plate, then call 911 and get out. I agree Hayes did more than that. The unreasonable part started well before that though when Smith hit and ran.
Posted on 4/12/16 at 9:39 pm to GynoSandberg
quote:
Responding officers did not locate any visible weapons other than the gun authorities believe Hayes used to kill Smith and wound Racquel Smith, NOPD spokesman Tyler Gamble has said. All of the shell casings recovered at the scene matched that weapon, Gamble added.
nola.com story
Posted on 4/12/16 at 9:40 pm to BigBrod81
quote:
I don't know, maybe she was too busy screaming for help because she was shot in the leg or that she was in the state of shock from just witnessing her husband shot right in front of her face. Where in the hell do you people come from?
It was known that there was a loaded 9mm in the Smith vehicle late this afternoon. Mrs Smith was shot around 11:30 Saturday night. The NOPD Chief was seen on tv saying he and Mayor Landrieu visited her Sunday in the hospital. My question was why did it take all the way to today to get a search warrant to locate Smith's gun? Maybe this was known earlier and just released to the press this afternoon.
Posted on 4/12/16 at 9:40 pm to Mr. Hangover
quote:
Where'd you to to school??
On the Northshore.
Posted on 4/12/16 at 9:41 pm to LNCHBOX
delete
This post was edited on 4/12/16 at 9:47 pm
Posted on 4/12/16 at 9:42 pm to Zach Lee To Amp Hill
quote:
Listen, nothing Will Smith did the other night made killing him and shooting his wife reasonable. But I must say, causing a hit and run and then mentioning a weapon in the midst of a heated argument isn't particularly good behavior. The night it happened everyone thought it was this crazy thug shot Will Smith over a stupid fender bender and our coach decided it was his place to talk about banning all guns and the QB decided to talk about how he was mad at the city and everyone is talking about how much of a shithole New Orleans is and we're building memorials on the street but you know what?
we all look bad over it. Payton maybe should've kept his mouth shut now that his boy was carrying too, not that there's anything wrong with that. And maybe Brees should've kept his mouth shut now that it appears Smith may have committed a series of shitty actions that escalated the situation, even though he didn't deserve to get shot. And the citizens look like a total bunch of assholes because as near as I can until unless you are a Saint or a baby caught in the crossfire New Orleanians don't give a frick who or how many people get murdered.
Posted on 4/12/16 at 9:43 pm to Vacherie Saint
quote:
Do you honestly believe, in that argumentative little brain of yours, that if any of the witnesses saw Smith brandish a gun, Hayes would be facing Murder 2 charges and attempted murder 2 charges?
Many justifiable homicides start with the "killer" being arrested. The cops dont get to decide if its a justifiable homicide on the scene
Posted on 4/12/16 at 9:45 pm to tigerskin
Calling that a hit and run is an over characterization of the event. It was a bump. My suggestion to everyone in here who finds themselves in a similar situation anywhere - not just in New Orleans - don't sweat it.
Posted on 4/12/16 at 9:47 pm to BigBrod81
quote:
You are wrong. Sorry.
I'm not trying to prove you wrong but you are dense. Hayes was in a place he was lawfully allowed to be. So it comes down to who was the aggressor. We all think Hayes was the aggressor but we don't know until all the facts come out. The below is from a defense attorney.
quote:
From the defense attorney in Lester's linkquote:..
"If he's in a place a where he's lawfully allow to be, he's not the aggressor, and he's in situation facing serious bodily injury or death, he can use his weapon," LaBranche said.
Posted on 4/12/16 at 9:48 pm to GynoSandberg
quote:
"I think we got the -- shooter's on the scene," the second officer says. "We've got one gun recovered on scene."
That same officer continues: "Shoring that up, we got two black males in custody ... with a firearm
Thanks for helping me with my point.
quote:
none of that is fact
From the same article YOU quoted. quote:
Having the warrant is key to ensuring the evidence can be used if the case goes to trial, and will help alleviate any potential questions about whether it was collected correctly, the lawyers agreed.
"It's unusual to see the police seek a warrant for the search of an automobile," Loyola law professor Dane Ciolino said. "But in a case with so many eyes watching, it's always the safest thing."
quote:
A gun could've been in plain sight, and the tow truck got a police escort to evidence garage never leaving the polices sight.
quote:
2. Plain View Exception
No warrant is required to seize evidence in plain view if the police are legitimately in the location from which the evidence can be viewed. For example, an officer cannot illegally enter a suspect’s back yard and then use the plain view exception to seize an illegally kept alligator living in the pool. But, if on the premises to serve a warrant duly issued to search for marijuana plants, the alligator, if in plain view, can rightly (though by no means easily) be seized.
quote:
5. Automobile Exception
Because vehicles are obviously highly mobile, a warrant is not required to search vehicles if police have probable cause to believe the vehicle contains evidence of a crime, the instrumentalities of crime, contraband, or the fruits of a crime. Although commonly referred to as the “automobile exception,” this rule applies to any vehicle, including boats. While in some ways, it is quite a broad exception, this rule limits the ability to search those areas which might contain evidence of the type suspected to be present. In other words, if police suspect that the occupant of a boat is smuggling people across the border, searching a small tackle box on board would not be permissible. However, if they were looking for drugs, they could search the tackle box. The rationale is that, if an officer has to take the time to obtain a warrant, the vehicle might be out of reach before the warrant can be issued and executed. See Carroll v. United States, 267 US. 132 (1925).
Exceptions to Warrant Requirements
Try again
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