Press release from the JC, NY police Dept. See Post!

[pontiacmrc1]

1. This bugs me.

2. I'll quote "Hill had been walking down Main Street after visiting bars in Downtown Binghamton
and appeared intoxicated when an officer spotted him carrying the handgun".

Was he intoxicated? Was a sobriety test administered?
Was he breathalyzed?

Is there any proof of intoxication other than the officer thinking this individual was under the intoxication of something?

If there's no sobriety test or breathalyzer results, then the only thing the JC police have on this guy is an unconstitutional charge of possession of a firearm.

 

[FrankenCub]

You'd think he'd be sober after that walk.
Working in the area? From Baltimore? Oh ok, selling his heroin and meth.

 

[Truebeliever]

They can not give a intox test without a warrant. Even consent would be challenged in court if he was intox. He was walking. They in no realistic way could get a warrant for that in time nor do they need to.
The officer can stop the person for appearing intox under many points of law and case law.

Intox for his actions that led to the stop- possible disorderly conduct. To a caretaker exception to stop him and have him put into custody( even if it’s a friend of the intox person) until he/she is no longer intox- that is usually an ambulance ride to a hospital. Completely legal and expected. Officers get sued for not doing it.

Plain sight exception. Could the officer see the gun? It is written as if it was in plain view. New York open carry is extremely limited. That’s probable cause. Reasonable suspicion is enough to stop someone to investigate.

And then there is Terry v Ohio. A terry stop. Read the fact pattern. Read the caseby the NYS court of appeals PSNY v Lopez. The court of appeals said on a car stop, the police can ask people ( both driver or passangers) to step out of the car without any cause to observe if there is any indication of a weapon rather than ask the question, are there any weapons on you or in the car.

The stop appears to be a “ good stop “.

 

[C3D]

The dude was carrying a gun in his hand that was seen by the police. That's PC for arrest right there.

 

[Acer-m14]

well in the OP's post the the 3 bullets at the top don't match at ALL what's in the mag (brass case FMJ) .. so .. staged or stock photo ??

that shit pisses me the fk off ..


he could have walking with a nurf gun .. or air soft gun ..

just saying ..

ps .. he could have been the DD .. designated decoy .. all the drunks made it there cars ..

PSs .. why is JCPD in downtown ??

 

[Mr. terzmo]

The intoxication charge is the lesser of his worries. OH...but maybe not...he might get an apearance ticket..freed....plead guilty to public intoxication(I think that one has been eliminated) and the gun charge dropped.

 

[spat]

The dude was carrying a gun in his hand that was seen by the police. That's PC for arrest right there.

The point is that it shouldn't be.

 

[Jsmegs77]

PSs .. why is JCPD in downtown ??

300 block of Main St is downtown JC. Post office is 307, numbers increment westward. Less than a quarter mile from the police station, for what it’s worth.

 

[FrankenCub]

300 block of Main St is downtown JC. Post office is 307, numbers increment westward. Less than a quarter mile from the police station, for what it’s worth.

And quite the walk from where the bars are on Court St, Binghamton.
BPD don't do shit about public intox unless their causing a problem. We see college kids walking around smashed with open containers every night.

 

[Jsmegs77]

And quite the walk from where the bars are on Court St, Binghamton.
BPD don't do shit about public intox unless their causing a problem. We see college kids walking around smashed with open containers every night.

Which reminds me, it’s also a heck of a walk to any area hotels. Here for work? Walking back to his hotel? Come on, we all know why a 30 year old from Baltimore is walking around the greater Binghamton area toting a 9mm.

 

[Catskillkid]

And quite the walk from where the bars are on Court St, Binghamton.
BPD don't do shit about public intox unless their causing a problem. We see college kids walking around smashed with open containers every night.

Ahh, Court Street. Good college memories. Is the Rat still open?

 

[FrankenCub]

Ahh, Court Street. Good college memories. Is the Rat still open?

I believe so, haven't really paid attention.

 

[Saltwater60]

Anyone intoxicated looking or not walking down the street with a gun in hand and visible will be stopped by the police. Right or wrong that’s what will happen.

 

[Jsmegs77]

Ahh, Court Street. Good college memories. Is the Rat still open?

Rathskeller? I believe so, though I stay out of there past 7pm or so.

 

[Catskillkid]

Rathskeller? I believe so, though I stay out of there past 7pm or so.

I went to BU for 6 years (4 for undergrad and 2 for grad school). At the time we always said that it didn't "heat up" until at least 10pm. Looking back I now realize what a digusting hole it was and I don't think I'd be there at any time now.

@libertysnake is also a BU grad. I'm sure he too has fond memories of the Rat.

 

[libertysnake]

I went to BU for 6 years (4 for undergrad and 2 for grad school). At the time we always said that it didn't "heat up" until at least 10pm. Looking back I now realize what a digusting hole it was and I don't think I'd be there at any time now.

@libertysnake is also a BU grad. I'm sure he too has fond memories of the Rat.

I never did any of that shit cause I was a too introverted in college. I barely went anywhere, but the few times I went almost anywhere in the area at night with the bombed out looking buildings it was sketchy as shit. Felt like Poughkeepsie at night. Definitely don't want to be there.

 

[Catskillkid]

I never did any of that shit cause I was a too introverted in college. I barely went anywhere, but the few times I went almost anywhere in the area at night with the bombed out looking buildings it was sketchy as shit. Felt like Poughkeepsie at night. Definitely don't want to be there.

You didn't miss much. For the record, the few times I went out to State Street (very few in comparison to others) it always seemed like a loud, hot mess that smelled like sweat and wet dog.

 

[Rocpo]

well in the OP's post the the 3 bullets at the top don't match at ALL what's in the mag (brass case FMJ) .. so .. staged or stock photo ??

that shit pisses me the fk off ..

You've clearly never engaged with the local skells. They put whatever rounds they can get into whatever firearm they can get. One more proof this isn't an upstanding citizen. I've seen .380 in 9mm and 9mm in a .40.

And quite the walk from where the bars are on Court St, Binghamton.
BPD don't do shit about public intox unless their causing a problem. We see college kids walking around smashed with open containers every night.

Public Intoxication was struck from NYPL before I was even born.

 

[Vapor]

Everytime I'm on court street I literally see a domestic incident unfold.


Maybe I should try walking susquehanna street in Binghamton.

 

[pontiacmrc1]

well in the OP's post the the 3 bullets at the top don't match at ALL what's in the mag (brass case FMJ) .. so .. staged or stock photo ??

that shit pisses me the fk off ..


he could have walking with a nurf gun .. or air soft gun ..

just saying ..

ps .. he could have been the DD .. designated decoy .. all the drunks made it there cars ..

PSs .. why is JCPD in downtown ??

I never even noticed the 3 bullets at the top. Good eye! That might be worth asking about honestly.

 

[Acer-m14]

I never even noticed the 3 bullets at the top. Good eye! That might be worth asking about honestly.

You've clearly never engaged with the local skells. They put whatever rounds they can get into whatever firearm they can get. One more proof this isn't an upstanding citizen. I've seen .380 in 9mm and 9mm in a .40.

i must be a local skell now .. last weekend i dropped a 270win into my Mosin .. good thing the bolt wouldn't lock up ...

 

[pontiacmrc1]

i must be a local skell now .. last weekend i dropped a 270win into my Mosin .. good thing the bolt wouldn't lock up ...

Shit happens. But we learn from it.

I anticipated a shot from my 12ga....I had the stance so I didn't fall on my ass, and when my 12ga DIDN'T go off, I almost fell forward and put the barrel in the dirt. lol.