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Title: Alan Dershowitz Rips Charges Against Baltimore Cops: 'Sad Day for Justice'
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URL Source: http://www.mediaite.com/tv/alan-der ... more-cops-sad-day-for-justice/
Published: May 1, 2015
Author: Mediate
Post Date: 2015-05-01 20:15:17 by Vinny
Keywords: None
Views: 32205
Comments: 115
Dershowitz lamented that “this is a very sad day for justice” and told Steve Malzberg that Mosby acted out of a “desire to prevent riots.” It will be “virtually impossible,” he predicted, for the six officers involved to get a fair trial. And as for murder charges, Dershowitz said there’s “no plausible, hypothetical, conceivable case for murder” and “this is a show trial.” He predicted that Mosby might get removed as prosecutor and Baltimore citizens may get upset if and/or when they “move to a place with a different demographic.” He concluded that it’s “unlikely they’ll get any convictions in this case” and if they do they’ll likely “be reversed on appeal.” Watch the video below, via Newsmax TV: [image via screengrab] – – 
Alan Dershowitz really went after Baltimore State’s Attorney Marilyn Mosby today for charging the six cops involved in the death of Freddie Gray, saying it was entirely based on politics and “crowd control.”
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#76. To: sneakypete, GrandIsland (#64)
(Edited)
That was what she implied on "The Toady Show" this morning,but not exactly what she said. The knife was "legal" if there was no probable cause for the search. That's the horse she is riding. That is NOT what she "implied"....that is what she said and what the police report confirmed:
Hard to believe they're legal. A switchblade has a button (switch) on the handle. A spring assisted knife has a stud on the blade. Both types are spring loaded and can be quickly opened with one hand.
Shocking you'd use Mosby's words from her presser as evidence the arrest wasn't legal. Would anyone expect her to say anything else? The stop, pursuit & arrest for resisting is by far and away the easiest hurdle for the defense. Let's bookmark this thread and come back to it when the defense rips the charge apart.
I saw this video earlier, along with some others on youtube showing the same thing. It is amazing that the spring loaded can be opened as quickly as the switchblade. Just another case where we have some stupid laws.
Does the prosecutor have to show the arrest was illegal, or do the police have to show the arrest was legal? I am not as familiar with the law and all aspects of this case as you are, but I believe it is the latter....am I wrong? I can easily be convinced with the presentation of anything factual. Please show me how and were the arrest was deemed to be legal. Thank you for doing this.
The burden of proof is on the prosecutor, and she has a high bar "beyond a reasonable doubt." The defense can sit back and do absolutely nothing if they choose to. Actually Zimmerman's attorney considered this strategy after the State presented their "star witnesses" who proved to be a disaster. The arrests will hold because Gray was known to the department (17 priors?) and he was in a drug prone location. When he ran upon approach he set in motion a "reasonable" possibility that he was engaged in criminal activity which green lights a stop/question. Upon apprehension he resisted which is a crime in and of itself.
Police can stop and search you, without arresting you and without requiring a warrant, if they reasonably suspect that you are committing an offence. Source: Police Powers to Search. Edit: I just learned this after looking up information furnished by Vinny:
I should have pinged you to Post #82. It may not have been an illegal arrest....I do not know Maryland law in this regard.
Fleeing from police is not, by itself, illegal in America, and the U.S. Supreme Court has made clear that in safe neighborhoods, people not suspected of criminal activity can ignore a police officer who approaches them, even to the point of walking away. But courts have set a different standard for places where street crime is common, ruling that police can chase, stop and frisk people if their location contributes to a suspicion of criminal activity.
Negative, the racist witch huntress stated right off the bat that the knife was a common ordinary folding knife and was not illegal to possess. You are gonna find that it's the same kind of wrist flicking assisted opening knife that NYPD has been charging as a "gravity knife"... and getting away with it because past case law shows quite a few convictions. I looked up Marylands definition of a switch or gravity knife... and I don't think it can be stretched to fit.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I am still researching and have now come full circle. The cops charged Freddie Gray with “illegal possession of a switchblade.” It has been confirmed that the knife was not a switchblade. This apparently was the ONLY charge. Unless I can find something else, or can be shown something….I have to go back to my original thought that the sops failed to establish probable cause for his arrest and no crime was committed. It was an illegal arrest. Do you have anything else?
By a judge in a court of law? If not, then your "confirmation" that it's not a switchblade carrys no more weight than the cop's affirmation that it was. But let's say that the cops were in error. Let's say that it was indeed a spring-assisted knife, which is a legal knife. That doesn't make it an "illegal arrest". It means the defendant is not guilty of possessing an illegal knife.
Where are you getting this? The official police report states: “The defendant was arrested without force or incident.”
By a judge in a court of law? By the police officer who recovered the knife. "The knife was recovered by this officer and found to be a spring assisted one hand operated knife."
Okay, what makes it a "legal arrest?"
That is only after the officer attempts the arrest. Running away is not, in itself, probable cause. Sometimes a man who runs in the general vicinity of the police is just a man running. You can only evade arrest once an arrest attempt has begun. It is not cause for a preemptive arrest.
The law should have permitted a folding knife that takes two hands to open. That was the intent of the legislation. Instead, they ban "switchblades", leaving a loophole you can drive a truck through, and permitting gravity/inertia knives and spring-assist knives.
I agree.
None of this leagl crap matters. Only what a jury says will matter. And as we all know juries ALWAYS render fair and impartial verdicts, just as they did in OJ's murder case. Fear not, dse cops will get an uber fair trail in Baltimore. Best start storin yo stash of popcorn now 'cause dis gonna be awl ober damn soon, faster dan yo kin say hey ders a licker store, les loot it.
потому что Бог хочет это тот путь
In this case? If the cop believed the knife was illegal.
In the report you cited, the officer described it as a "switchblade" knife, which is also a spring assisted one hand operated knife. Switchblades are illegal. The arrest was valid. Now, maybe later in a court of law, they will determine that this wasn't technically a "switchblade" but simply a spring assisted one hand operated knife. If so, then the case will be thrown out because that knife is legal. Ever hear the expression, "Tell it to the judge"? That's because the cops don't want to try the case on the street. How many arrests end in convictions? 10%? Does that mean 90% of the arrests were illegal?
It is as you say, the court must decide if the knife was a switchblade or not.
My kind of switchblade:
Yes. No one else has that authority, nor would you want anyone else to have that authority.
With the push a button, the spring-loaded USB drive snaps out. Available in sizes between 2GB and 16GB, the SwitchBlade utilizes durable, solid-state storage to ensure data retention for up to 10 years. Yukon shall be proud, tater.
Which is a switchblade. You push a button (switch),and the spring makes the blade spring open and lock into place.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
A spring-loaded knife IS a switchblade.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Gravity knives don't have springs. Switchblades have springs. I have owned both. Had gravity knives when I was a kid,and a "Parachute Rigger's Knife" when I was in the army that was a switchblade. Push a button and the spring causes the blade to spring open and lock into place
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Really? Please show me a "spring assisted knife" that isn't a switchblade. Have none of you people actually owned or handled a switchblade?
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
By a judge in a court of law? By the police officer who recovered the knife. I once saw and heard a NYC police sgt on the tv show "Cops" describe 45 ACP hollow point bullets as "cop killer bullets because they are designed to penetrate bullet-proof vests. This was after he called in a firearms specialist to "safely unload" the rare and exotic 1911A1 45 ACP caliber handgun some guy on the subway had been carrying. Neither he nor the two cops that made the stop and arrest knew how to unload it and the cocked hammer scared them.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
You have YOUR definition, Pete....while there are many who differ with you. Here is only one: There are differences between a Switchblade and Assisted Opening Knives. SWITCHBLADE Assisted-Opening Knife / Spring-Assisted Opening Technology http://www.selfdefenseproducts.com/Assisted-Opening-Knife-Facts-sp-40.html
You have YOUR definition, Pete....while there are many who differ with you. Yes,and I am right and they are all wrong.
Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)
Without question...
Correct. A switch opens by the push of a button only. A spring assist opens by the combination of a spring and the power of a thumb pushing a stud on the blade. BIG DIFFERENCE... and to arrest for a spring assist as a switch is a bad arrest.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I even took the time and trouble to post a video, making it easy for people to educate themselves. Oh well. You can lead an asshole to water ...
There's the letter of the law and the spirit of the law. Under the letter of the law, a distinction is drawn between the two types of knives. Under the spirit of the law, I see no difference at all. They are both spring-assisted knives capable of being opened easily with one hand. And for that reason, they are equally lethal.
... more powerful than a locomotive ... not fazed by truth or facts ...
Officers aren't capable of accurately determining the spirit of a law with consistency, as a group. Trust me when I tell you. It's best to act within the letter of the law and base discretion on the suspects attitude and intent.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
... more powerful than a locomotive ... not fazed by truth or facts ... ... unassailable conviction ... unswerving determination
Not being known doesn't stop the truth from being true ~ Richard Bach
"The knife was not a switchblade, and it is lawful," Mosby said Friday
While news reports have described the knife Gray was carrying as a "switchblade," the actual police report (see charging documents at bottom of page) describes it as a "spring assisted, one hand opening knife," which has become among the most common on the market in recent years. (Update 5/1/14: At a news conference announcing that six police officers were being charged in Gray's death, state's attorney for Baltimore Marilyn J. Mosby confirmed that the knife was indeed "not a switchblade and is lawful under Maryland law.") source
The cops apparently had no reason to arrest him:Baltimore police officers had no reason to arrest 25- year-old Freddie Gray in the first place, Baltimore's chief prosecutor, Marilyn J. Mosby, announced at a news conference Friday morning.
It looks like she is correct.
#77. To: Gatlin (#76)
"describes it as a "spring assisted, one hand opening knife"
#78. To: Gatlin (#76)
#79. To: misterwhite (#77)
#80. To: Vinny (#78)
Sidebar Info: Your Right of Defense Against Unlawful Arrest.
#81. To: Gatlin (#80)
#82. To: TooConservative, sneakypete (#72)
(Edited)
Running away from police is not probable cause to arrest or to search.
Some states have specific laws against evading arrest on foot. Other states have a general law that prohibits obstructing justice or resisting arrest, which includes running away from an officer (as well as other behavior). Evading arrest on foot (sometimes called flight) is committed by knowingly running away from an officer to escape capture, detention, or arrest. Source.
#83. To: Vinny (#81)
(Edited)
#84. To: TooConservative, sneakypete, Vinny (#83)
#85. To: sneakypete (#56)
saying the knife wasn't illegal because the cops didn't have probable cause to search
#86. To: Vinny (#84)
(Edited)
#87. To: Gatlin (#86)
"It has been confirmed that the knife was not a switchblade."
#88. To: Vinny (#81)
Upon apprehension he resisted which is a crime in and of itself.
#89. To: misterwhite (#87)
"It has been confirmed that the knife was not a switchblade."
#90. To: misterwhite (#87)
That doesn't make it an "illegal arrest".
#91. To: Gatlin (#82)
Some states have specific laws against evading arrest on foot. Other states have a general law that prohibits obstructing justice or resisting arrest, which includes running away from an officer (as well as other behavior). Evading arrest on foot (sometimes called flight) is committed by knowingly running away from an officer to escape capture, detention, or arrest.
#92. To: Gatlin (#79)
"Just another case where we have some stupid laws."
#93. To: TooConservative (#91)
#94. To: All (#0)
#95. To: Gatlin (#90)
"Okay, what makes it a "legal arrest?"
#96. To: Gatlin (#89)
"The knife was recovered by this officer and found to be a spring assisted one hand operated knife."
#97. To: misterwhite (#96)
Now, maybe later in a court of law, they will determine that this wasn't technically a "switchblade" but simply a spring assisted one hand operated knife.
#98. To: misterwhite (#96)
The Super Talent CSB – SwitchBlade is a USB drive featuring a switchblade-type enclosure. With the push a button, the spring-loaded USB drive snaps out. Available in sizes between 2GB and 16GB, the SwitchBlade utilizes durable, solid-state storage to ensure data retention for up to 10 years.
#99. To: Gatlin (#97)
"It is as you say, the court must decide if the knife was a switchblade or not."
#100. To: Gatlin (#98)
My kind of switchblade:
#101. To: Gatlin (#76)
While news reports have described the knife Gray was carrying as a "switchblade," the actual police report (see charging documents at bottom of page) describes it as a "spring assisted, one hand opening knife,"
#102. To: Gatlin (#79)
It is amazing that the spring loaded can be opened as quickly as the switchblade.
#103. To: GrandIsland (#85)
You are gonna find that it's the same kind of wrist flicking assisted opening knife that NYPD has been charging as a "gravity knife"... and getting away with it because past case law shows quite a few convictions.
#104. To: misterwhite (#87)
(Edited)
Let's say that it was indeed a spring-assisted knife, which is a legal knife.
#105. To: Gatlin (#89)
"It has been confirmed that the knife was not a switchblade."
#106. To: sneakypete, misterwhite (#104)
Really? Please show me a "spring assisted knife" that isn't a switchblade.
A switchblade (also known as automatic knife, switch, or, in British English flick knife) is a type of knife with a folding blade that springs out of the grip when a button or lever on the grip is pressed. There are two basic types: side-opening and out-the-front (OTF). A side-opening knife's blade pivots out of the side of the handle (in the same manner as an ordinary folding knife). An out-the-front knife's blade slides directly forward, out of the tip of the handle. Many OTF (out-the-front) knives work with a dual-action mechanism that enables the user to extend and retract the knife in one press of the finger, with no cocking or priming action. However, some OTF (out-the-front) knives are single action, and require the user to manually retract the blade. A wide variety of blade designs may be found on switchblades, but the most common is the Italian stiletto style seen often in movies. However, the switchblade should not be confused with the butterfly knife (balisong), assisted-opening knife, or the non-automatic stiletto.
A spring-assisted knife is a knife that when you push on the thumb stud to open it a spring takes over and propels the blade open. Spring-assisted knives make a great alternative to automatic knives. A Spring / Torsion assisted knife is a type of knife which uses a spring assisted mechanism behind the blade. They open by the ambidextrous thumb stud on the blade with a slight bit of pressure. They are commonly confused with switchblades, but have one main difference. While a switchblade can be opened usually with the push of a button within the handle, the user of a spring-assisted knife must apply slight pressure to the thumb stud and the spring/torsion assisted mechanism does the rest. Once the knife has been opened about one-quarter of the way (45°), the mechanism will open the knife the rest of the way. A/O knives are Assisted - Opening which are also Spring - Assisted knives.
#107. To: Gatlin (#106)
Really? Please show me a "spring assisted knife" that isn't a switchblade.
#108. To: sneakypete (#107)
Yes,and I am right and they are all wrong.
#109. To: Gatlin (#106)
While a switchblade can be opened usually with the push of a button within the handle, the user of a spring-assisted knife must apply slight pressure to the thumb stud and the spring/torsion assisted mechanism does the rest.
#110. To: Gatlin (#106)
#111. To: GrandIsland (#109)
"Correct. A switch opens by the push of a button only. A spring assist opens by the combination of a spring and the power of a thumb pushing a stud on the blade. BIG DIFFERENCE... and to arrest for a spring assist as a switch is a bad arrest."
#112. To: Gatlin (#108)
"Yes,and I am right and they are all wrong.
Without question..."
#113. To: misterwhite (#111)
Under the spirit of the law, I see no difference at all. They are both spring-assisted knives capable of being opened easily with one hand. And for that reason, they are equally lethal.
#114. To: misterwhite (#112)
"Yes,and I am right and they are all wrong.
Without question..."
#115. To: misterwhite (#110)
Oh well. You can lead an asshole to water ...
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