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OC'er Arrested in Philly
#41
ExcelToExcel;121316 Wrote:He was on private property when stopped. Life's a bitch for the cop.

I'm not 100% sure about that. A property surveyor might be needed to come out.

This is Philadelphia where buildings sometimes sit behind the property line or the walls might actually rest right on top of the property line, which means your steps are actually in the public right of way. The DA could argue that the ADA ramp is actually resting in public right of way. In which case a surveyor would be needed to determine where the boundary is.
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#42
ArcticSplash;121321 Wrote:This is Philadelphia where buildings sometimes sit behind the property line or the walls might actually rest right on top of the property line, which means your steps are actually in the public right of way. The DA could argue that the ADA ramp is actually resting in public right of way. In which case a surveyor would be needed to determine where the boundary is.

Do you know if he filed a complaint with internal affairs yet or is he sitting on that for awhile?
[Image: pa_zps59e4c512.png?t=1379682235]
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#43
ArcticSplash;121321 Wrote:
ExcelToExcel;121316 Wrote:He was on private property when stopped. Life's a bitch for the cop.

I'm not 100% sure about that. A property surveyor might be needed to come out.

This is Philadelphia where buildings sometimes sit behind the property line or the walls might actually rest right on top of the property line, which means your steps are actually in the public right of way. The DA could argue that the ADA ramp is actually resting in public right of way. In which case a surveyor would be needed to determine where the boundary is.

Then it would come down to, does the common person on the road have a reasonable expectation to believe that they were on private property. A person cannot be expected to know if the property lies are fucked up nor should they assume that they are. It's reasonable to assume that when you're inside a business, or on ramp that's attached to the business that it's indeed private property.

To build on that, I doubt that the city would allow them to build a ramp upon public property.

Also, there's no reason for the police officer to believe that the property lines may be screwed in the manner which you stated. He should be erring on the side of the citizen, not on the side of screwed up property lines.
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#44
streaker69;121326 Wrote:
ArcticSplash;121321 Wrote:I'm not 100% sure about that. A property surveyor might be needed to come out.

This is Philadelphia where buildings sometimes sit behind the property line or the walls might actually rest right on top of the property line, which means your steps are actually in the public right of way. The DA could argue that the ADA ramp is actually resting in public right of way. In which case a surveyor would be needed to determine where the boundary is.

Then it would come down to, does the common person on the road have a reasonable expectation to believe that they were on private property. A person cannot be expected to know if the property lies are fucked up nor should they assume that they are. It's reasonable to assume that when you're inside a business, or on ramp that's attached to the business that it's indeed private property.

To build on that, I doubt that the city would allow them to build a ramp upon public property.

Also, there's no reason for the police officer to believe that the property lines may be screwed in the manner which you stated. He should be erring on the side of the citizen, not on the side of screwed up property lines.


This is Philly where shit like this is still on the books, even though it is un-state-constitutional plus it runs afoul of PUFA (Scroll down to § 10-821a, Contraband Weapons, Accessories and Ammunition)

http://tinyurl.com/kwfevnh



From what I can tell this case stays within the realm of Municipal Court, it's not going to auto-bump to Common Pleas court. Philadelphia Municipal Court is akin to Magistrates out in the counties. This is gonna come down less on legal technicalities and more on whether the judge had cream in her coffee the morning of the hearing.
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#45
do we know if Ed is looking for monetary assistance?
NRA (Life), GOA, FOAC (Life), NAGR, AMGOA

RocketFoot's Minion since 09-07-2012
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#46
link says file not found

ArcticSplash;121328 Wrote:
streaker69;121326 Wrote:Then it would come down to, does the common person on the road have a reasonable expectation to believe that they were on private property. A person cannot be expected to know if the property lies are fucked up nor should they assume that they are. It's reasonable to assume that when you're inside a business, or on ramp that's attached to the business that it's indeed private property.

To build on that, I doubt that the city would allow them to build a ramp upon public property.

Also, there's no reason for the police officer to believe that the property lines may be screwed in the manner which you stated. He should be erring on the side of the citizen, not on the side of screwed up property lines.


This is Philly where shit like this is still on the books, even though it is un-state-constitutional plus it runs afoul of PUFA (Scroll down to § 10-821a, Contraband Weapons, Accessories and Ammunition)

http://tinyurl.com/kwfevnh



From what I can tell this case stays within the realm of Municipal Court, it's not going to auto-bump to Common Pleas court. Philadelphia Municipal Court is akin to Magistrates out in the counties. This is gonna come down less on legal technicalities and more on whether the judge had cream in her coffee the morning of the hearing.
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#47
Now I'm far from a cop basher, or lover, but these guys are out of control. Reminds me of Rizzo's force back in the 70's.

Quote:POSTED: THURSDAY, OCTOBER 10, 2013, 1:10 PM
This comes to you from Philly Confidential guest blogger and Daily News staff writer William Bender:

This disturbing video of two Philadelphia police officers berating two men on the street was brought to our attention following today’s Daily News story about ex-cop Herbert Spellman and ongoing problems with Philadelphia’s stop-and-frisk policy. We’ll update this post when we have more information about the stop.

The YouTube video, which was filmed Sept. 27 according to accompanying text, starts with one of the cops calling out, “Yo, my man,” and the man responding, “How you doing, sir?” And it goes downhill, quickly. An officer threatens to one man that he’ll “split your wig open” and calls one a “f---ing dirty ass.” When they complain that they haven’t done anything wrong, the officer responds: “Why don’t you shut the f--- up! Everyone thinks they’re a f---ing lawyer and they don’t know jack sh--.”


Read more at http://www.philly.com/philly/blogs/dncri...vcZVR37.99

.
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#48
bigdawgbeav;121337 Wrote:do we know if Ed is looking for monetary assistance?

I have a feeling I may need to...

Thanks for all the support on here!
In the end, they took my LTCF and my pistol, and are trying to revoke my permit. My first order of action is to get my weapon back because there was no reason for it to be taken in the first place. Sgt. Bernard never actually arrested me, and while I was taken to the district, I was NOT booked or fingerprinted. I sat there while he spent over an hour looking for the Philadelphia Code book, so he could even figure out the law I broke in the first place. This is all after he spent another 30 min after the camera stops trying to figure it out.
OCEDD, proud to be a member of pa2a.org since Oct 2013.
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#49
soberbyker;121366 Wrote:Now I'm far from a cop basher, or lover, but these guys are out of control. Reminds me of Rizzo's force back in the 70's.

Quote:POSTED: THURSDAY, OCTOBER 10, 2013, 1:10 PM
This comes to you from Philly Confidential guest blogger and Daily News staff writer William Bender:

This disturbing video of two Philadelphia police officers berating two men on the street was brought to our attention following today’s Daily News story about ex-cop Herbert Spellman and ongoing problems with Philadelphia’s stop-and-frisk policy. We’ll update this post when we have more information about the stop.

The YouTube video, which was filmed Sept. 27 according to accompanying text, starts with one of the cops calling out, “Yo, my man,” and the man responding, “How you doing, sir?” And it goes downhill, quickly. An officer threatens to one man that he’ll “split your wig open” and calls one a “f---ing dirty ass.” When they complain that they haven’t done anything wrong, the officer responds: “Why don’t you shut the f--- up! Everyone thinks they’re a f---ing lawyer and they don’t know jack sh--.”


Read more at http://www.philly.com/philly/blogs/dncri...vcZVR37.99

.


How about an ex-PPD cop being treated like shit from his brothers in blue:

http://www.pa2a.org/thread-ppd-treats-ex...-profiling

bigdawgbeav;121337 Wrote:do we know if Ed is looking for monetary assistance?

Not yet but I'll bring it up with his lawyer if Ed wants to take donations. I would imagine you could send the payments directly to his attorney (who also happens to be one of my lawyers).
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#50
Ok just talked to Ed's lawyer.

Yes they are accepting donations, but the law office can't accept them online. If someone wants to set up a donation site and then forward a lump sump payment that's on them. But it's better to send checks to:

Make the payment out to: Mulvihill & Rushie LLC Client Trust Acct
MEMO: Ed Yealy Defense Fund


MAIL CHECKS TO:
The Fishtown Lawyers
Attn: Leo Mulvihill, Jr., Esq.
2424 E YORK STREET
SUITE 316
PHILADELPHIA, PA 19125


The easiest way to do this over the Internet is to use your bank's billpay feature and set this up as a biller and send a one time payment if you don't have time to mail a check or dig around for a postage stamp. Whatever amounts you think prudent are acceptable, but keep it within reason.
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