- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Coaching Changes
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Fully loaded 9mm found in Smiths car
Posted on 4/12/16 at 10:24 pm to GynoSandberg
Posted on 4/12/16 at 10:24 pm to GynoSandberg
quote:
So you think they made it public that no visible weapons were found in the car when the next paragraph says that that info wouldn't be made public ?
What is more likely, there were visible weapons in the vehicle but NOPD still put out a state my saying no visible weapons were located, or that there were no visible weapons in the vehicle but results of the more comprehensive search would not be made public?
If anyone is reaching for an argument, it's you.
0
Posted on 4/12/16 at 10:24 pm to beauchristopher
quote:
t still doesn't mean he intends to shoot him right away.
You would wait for the other guy to shoot first?
quote:
and then he fires and kills Smith as he is either back in his vehicle or going back to his vehicle.
The one scenario I have not seen anyone throw out there is what if Smith had already made it to his vehicle and retrieved his gun. If we are in an argument and some pulls out a gun, I am firing first (better to be judged by 12 then carried by 6). I am not saying this is what happened, but it could be a different scenario that "may" justify self-defense. But, as you sad, if Hayes already had his gun out, then I would think he would be considered the aggressor and would not be able to claim SD.
quote:
If Hayes feared for his life why wouldn't he just walk away and at least head back to his vehicle and wait for the police
If you think someone is grabbing for a gun, the last thing you would want to do is turn your back.
quote:
Shooting and killing should be a last resort or an absolutely necessary. We shall see what happens here.
I just don't know. Trying to put myself in those shoes IF this is even what happened. Even if a guy says he has a gun after a heated argument and I have a gun.. I dunno if I would first say, "Yeah me too" Maybe I would keep that unknown and ask him not to resort to that.. even if I was pissed, it's not worth getting to that stage and I believe I would turn my tune to try to avoid it.
100% agree here.
The only thing I think about with this is how would everyone feel if Smith & Hayes were flipped. What if Smith was the one that ran down Hayes after the hit & run and everything unfolded exactly the same except Smith fired first. Would we be trying to have these same exact discussions to try and justify the shooting?
Posted on 4/12/16 at 10:25 pm to Sprung
quote:
“any person who is in a place where he or she has a right does not have an obligation to retreat if faced with a real or perceived threat and may stand his or her ground and meet force with force.”
No, I'm not the one who is stupid to realize this is stretch for this incident being that both Smith & Hayes were in a location both had a legal right to be. What about that don't YOU understand.
quote:
Notice it says the right to protect self.
quote:
But there is no ironclad rule when you shoot someone.
quote:
Good night
Go piss yourself in your sleep.
Posted on 4/12/16 at 10:35 pm to BigBrod81
quote:
So NOPD just so happened to go out their way to obtain search warrants for all 3 vehicles involved when they did have to? If Smith's gun was visible, why didn't just confiscate it while they combing through the plain view evidence
You posted this, man
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
They were getting a warrant regardless of where the guns were, especially in a high profile case like that
Posted on 4/12/16 at 10:40 pm to GynoSandberg
quote:
They were getting a warrant regardless of where the guns were
So why wasn't a search warrant obtained to confiscate Hayes'.45?
Does that mean the murder weapon will now be inadmissible in court? No, Hayes weapon was confiscated because it was in plain view which didn't require a warrant to retain the weapon for evidence. The other two weapons weren't hence NOPD getting search warrants because they wanted to make sure both concealed weapons were admissible in court. This isn't rocket science.
This post was edited on 4/12/16 at 10:47 pm
Posted on 4/12/16 at 10:43 pm to BigBrod81
The shooters attorney somehow knew there was a gun in wills benz.
Posted on 4/12/16 at 10:44 pm to diat150
quote:
The shooters attorney somehow knew there was a gun in wills benz.
shhhhhhhh!
Posted on 4/12/16 at 10:48 pm to BigBrod81
quote:
Go piss yourself in your sleep.
I'm sorry but this made me
for some reason. Posted on 4/12/16 at 10:51 pm to BigBrod81
quote:
So why wasn't a search warrant obtained to confiscate Hayes'.45?
For the third time, Hayes' was outside the car with the gun after killing smith. The murder weapon was right there and the only casings were from the .45
Dispatch states they apprehend Hayes and the weapon immediately on scene
obviously it was in plain sight when they arrived on the scene
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.
You don't need a search warrant
Posted on 4/12/16 at 10:51 pm to GynoSandberg
quote:
So they could've confiscated a weapon from Smith's car night of and not say anything about until the warrant was processed
I just saw this nonsense. Do you even realize that this would cause any mention of Smith's gun in any all legal proceedings to get thrown out? This would do nothing but hurt any chance the defense had at a self defense case.
Posted on 4/12/16 at 10:56 pm to diat150
quote:
The shooters attorney somehow knew there was a gun in wills benz.
Cool! Too bad this mentioned a long time ago in this thread.
quote:
The police wouldn't have to wait then because Smith's gun would have been considered part of the crime scene. Secondly, it would have been in plain view. Same goes for the revolver found in Hayes' Hummer today. The police were probably notified by both parties (witnesses - Smith's wife, Hayes himself, Hayes' brother) where the additional weapons were but in order to make them admissible in court, they had to go through the proper channels to confiscate them.
Posted on 4/12/16 at 10:58 pm to BigBrod81
Are you really quoting yourself as a source?
They "probably" notified - okkkkk
They "probably" notified - okkkkk
Posted on 4/12/16 at 10:58 pm to GynoSandberg
quote:
obviously it was in plain sight when they arrived on the scene
quote:
You don't need a search warrant
Wait, I thought you were adamant about Smith's gun being in plain view too? If it were, why pursue a search warrant when one wouldn't have been necessary?
Posted on 4/12/16 at 11:01 pm to GynoSandberg
quote:
Are you really quoting yourself as a source?
No, you dumbass, I quoted that to show it was already talked about in this thread & a possible answer as to how the police knew about the other weapons. Just how stupid are you?
quote:
They "probably" notified
The defense attorney has the right to access any & all statements given by witnesses at the scene or who were involved. It's not hard to figure out that both guns obtained by today's warrants were mentioned by witnesses or the parties involved in their statements to police.
This post was edited on 4/12/16 at 11:07 pm
Posted on 4/12/16 at 11:12 pm to BigBrod81
I have not once pretended to know where Smith's gun was, unlike you.
Matter of fact, I've told you 3 times (backed by links you posted, mind you ) that they haven't revealed where his gun was after conducting the search warrant
You assumed that they searched the car on scene and that the gun was locked in a compartment
LINK
That's what I'm saying dude, Jesus
It could have been in plain sight, but going by the Loyola professor YOU quoted, they were going to follow the process in a high profile case as such
If they found guns concelead, link it. If not, well, let me know when they do, bc it'll be the first time that's revealed as fact
Matter of fact, I've told you 3 times (backed by links you posted, mind you
) that they haven't revealed where his gun was after conducting the search warrant You assumed that they searched the car on scene and that the gun was locked in a compartment
LINK
quote:
It's not hard to figure out that both guns obtained by today's warrants were mentioned by witnesses or the parties involved in their statements to police.
That's what I'm saying dude, Jesus
It could have been in plain sight, but going by the Loyola professor YOU quoted, they were going to follow the process in a high profile case as such
If they found guns concelead, link it. If not, well, let me know when they do, bc it'll be the first time that's revealed as fact
This post was edited on 4/12/16 at 11:15 pm
Posted on 4/12/16 at 11:28 pm to GynoSandberg
quote:
I have not once pretended to know where Smith's gun was, unlike you.
Yet you pretend to know where Hayes' gun was found.
quote:
Sounds like Hayes was carrying, or more than likey, dropped the gun to the ground when police arrived
quote:
It could have been in plain sight, but going by the Loyola professor YOU quoted, they were going to follow the process in a high profile case as such
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.
HENCE WHY A WARRANT TO SEARCH WAS PURSUED
quote:
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.
quote:
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.
quote:
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.
Posted on 4/12/16 at 11:39 pm to BigBrod81
You are right. I was speculating where Hayes' gun was found.
When it's revealed where the weapons were found, I'll be sure to find you and get your thoughts
When it's revealed where the weapons were found, I'll be sure to find you and get your thoughts
Posted on 4/12/16 at 11:52 pm to GynoSandberg
quote:
When it's revealed where the weapons were found, I'll be sure to find you and get your thoughts
We will see. I'm just saying that there is too much info available to believe both Smith's gun & the revolver found in Hayes' Hummer were not in plain view & that this is why search warrants were pursued to begin with. Had they been in plain view they would have been collected as evidence Saturday night/Sunday morning especially with Hayes' passenger saying he saw Smith with a gun just like Hayes'.45 was confiscated at that time. You don't think he told police this exact thing at the crime scene?
Do you realize that your statement about the police possibly having Smith's weapon beforehand then obtaining a warrant is no no in law enforcement? Officers lose their jobs & face charges themselves for unethical actions like you suggested. Not only that, Smith's gun or any mention of it would be ruled inadmissible in court if it were to come out that officers went that route.
This post was edited on 4/13/16 at 12:03 am
Posted on 4/12/16 at 11:59 pm to BigBrod81
Yes
It was a more tongue in cheek statement about the NOPD's historically shady practices. In the same breath, this is partially why I believe they want to cover all the bases and procedures when it comes to processing the vehicles at a murder scene (which I feel is the route they went judging by media reports, but I digress). Covers their arse as far as planting and tampering and tainting evidence
It was a more tongue in cheek statement about the NOPD's historically shady practices. In the same breath, this is partially why I believe they want to cover all the bases and procedures when it comes to processing the vehicles at a murder scene (which I feel is the route they went judging by media reports, but I digress). Covers their arse as far as planting and tampering and tainting evidence
Posted on 4/13/16 at 12:10 am to GynoSandberg
At least we have found a common ground here. I agree with everything you just said. We just have to wait & see now what other information or evidence becomes released to the public. As of now you have a witness like PT who is carefully chosing what he says publicly in social media statement, Smith's wife who has yet to speak publicly, Hayes' friend who insists Smith showed his gun & possessed on his person before being shot & an eye witness on a cell phone video who appears to paint Hayes as the aggressor who then shoots Smith in the back.
Page 14 of 15
Popular
Back to top
Follow TigerDroppings for LSU Football News