Monroe Man arrested for wearing bulletproof vest......Poll included

[Jack]

It's like yrdawg returned from the grave.

 

[Bosco]

Where does one find these things?

 

[Sugarbug]

Wouldn't he have to be breaking the law while wearing the body armor? I see the prior about possession of marijuana, but that was a different time.

I didn't see in the statue where it said anything about a history of controlled substance violations.. only if it were taking place while he was wearing the body armor. Did I miss it?

 

[Jack]

Wouldn't he have to be breaking the law while wearing the body armor? I see the prior about possession of marijuana, but that was a different time.

I didn't see in the statue where it said anything about a history of controlled substance violations.. only if it were taking place while he was wearing the body armor. Did I miss it?

post 13

 

[JR1572]

Well reading over the statute, I don't see where it is illegal to wear body armor, unless you have broken one of the laws stated in the statute. So with what we know about this he did not break any law.

We still don't know if the guy is convicted of any of the laws that would put him in violation of the statute.

JR1572

 

[Sugarbug]

post 13

Ah. Thank you.

That does suck for him.

 

[kcinnick]

How would the officer know that he had history BEFORE arresting him. He never mentions running a check on him to determine his previous history before arresting him. The law is silly, like it is going to ever prevent any crime or save any lives.

 

[508]

Where does one find these things?

A lot of MPD's arrestees wind up at Ouachita Correctional Center (OCC)
http://www.opso.net >> Bookings
This is semi-local to me so I knew to look there. It's public info, not something I snipped from the inside.

 

[508]

I would have put a line in the affidavit referencing the date of conviction of any statute that was listed in his criminal history that would make 95.3 fit as the proper charge. Just because 40:966 is on his record doesn't mean he was convicted of it...

This. The PC has to explain exactly how he broke the law. This one does not, IMO.

 

[Bosco]

A lot of MPD's arrestees wind up at Ouachita Correctional Center (OCC)
http://www.opso.net >> Bookings
This is semi-local to me so I knew to look there. It's public info, not something I snipped from the inside.

Thanks now I have something to read through while the insomnia takes its toll

 

[justsomeguy]

So basically leo can protect their bodies in a non threatening non weapon carrying way but the average joe cant? Really?! When seconds count, the police are only minutes away. The average joe cant always depend on others... i have body armor myself. If its illegal for average joe to use it, then why is it available to average joe? Sounds like nothing more than government looking out for themselves to me.

 

[Jack]

So basically leo can protect their bodies in a non threatening non weapon carrying way but the average joe cant? Really?! When seconds count, the police are only minutes away. The average joe cant always depend on others... i have body armor myself. If its illegal for average joe to use it, then why is it available to average joe? Sounds like nothing more than government looking out for themselves to me.

I think you should try reading.....

 

[Bosco]

So basically leo can protect their bodies in a non threatening non weapon carrying way but the average joe cant? Really?! When seconds count, the police are only minutes away. The average joe cant always depend on others... i have body armor myself. If its illegal for average joe to use it, then why is it available to average joe? Sounds like nothing more than government looking out for themselves to me.

When you play stupid games, you win stupid prizes. These prizes include losing some of your rights because you chose to be a below average Joe

2011 Louisiana Laws
Revised Statutes
TITLE 14 — Criminal law
RS 14:95.3 — Unlawful use of body armor


Universal Citation: LA Rev Stat § 14:95.3
§95.3. Unlawful use or possession of body armor
A.(1) It is unlawful for any person to possess body armor who has been convicted of any of the following:
(a) A crime of violence as defined in R.S. 14:2(B) which is a felony.
(b) Simple burglary, burglary of a pharmacy, or burglary of an inhabited dwelling.
(c) Unauthorized entry of an inhabited dwelling.
(d) Felony illegal use of weapons or dangerous instrumentalities.
(e) Manufacture or possession of a delayed action incendiary device.
(f) Manufacture or possession of a bomb.
(g) Any violation of the Uniform Controlled Dangerous Substances Law.
(h) Any crime defined as an attempt to commit one of the offenses enumerated in Subparagraphs (a) through (g) of this Paragraph.
(i) Any law of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the crimes enumerated in Subparagraphs (a) through (h) of this Paragraph.
(2) The prohibition in Paragraph (1) of this Subsection shall not apply to any person who is participating in a witness protection program.
B. No person shall use or wear body armor while committing any of the crimes enumerated in Subparagraphs (A)(1)(a) through (i) of this Section.
C. Whoever violates the provisions of this Section shall be fined not more than two thousand dollars or imprisoned with or without hard labor for not more than two years, or both.
D. For the purposes of this Section, "body armor" shall mean bullet resistant metal or other material intended to provide protection from weapons or bodily injury.
Added by Acts 1983, No. 286, §1; Acts 2003, No. 1140, §1.

The arrest affidavit posted by 508 shows he had a previous conviction of marijuana possession which violates (g) Any violation of the Uniform Controlled Dangerous Substances Law. Hence it is illegal for him to be wearing body armor. I see nothing wrong with this. I'd rather not have drug dealers/drug users running around with body armor.

 

[508]

The arrest affidavit posted by 508 shows he had a previous conviction of marijuana possession which violates (g) Any violation of the Uniform Controlled Dangerous Substances Law. Hence it is illegal for him to be wearing body armor. I see nothing wrong with this. I'd rather not have drug dealers/drug users running around with body armor.

Negative, sir. It simply says there was 966 (Poss of Marij) on his CH. It does not imply a conviction (one way or another). In order for this to be a lawful arrest he has to have been previously CONVICTED of the violation of the CDS law, not simply arrested for violating it.

Let's read just the red below:

§95.3. Unlawful use or possession of body armor

A.(1) It is unlawful for any person to possess body armor who has been convicted of any of the following:
(a) A crime of violence as defined in R.S. 14:2(B) which is a felony.
(b) Simple burglary, burglary of a pharmacy, or burglary of an inhabited dwelling.
(c) Unauthorized entry of an inhabited dwelling.
(d) Felony illegal use of weapons or dangerous instrumentalities.
(e) Manufacture or possession of a delayed action incendiary device.
(f) Manufacture or possession of a bomb.
(g) Any violation of the Uniform Controlled Dangerous Substances Law.
(h) Any crime defined as an attempt to commit one of the offenses enumerated in Subparagraphs (a) through (g) of this Paragraph.
(i) Any law of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the crimes enumerated in Subparagraphs (a) through (h) of this Paragraph.
(2) The prohibition in Paragraph (1) of this Subsection shall not apply to any person who is participating in a witness protection program.
B. No person shall use or wear body armor while committing any of the crimes enumerated in Subparagraphs (A)(1)(a) through (i) of this Section.
C. Whoever violates the provisions of this Section shall be fined not more than two thousand dollars or imprisoned with or without hard labor for not more than two years, or both.
D. For the purposes of this Section, "body armor" shall mean bullet resistant metal or other material intended to provide protection from weapons or bodily injury.
Added by Acts 1983, No. 286, §1; Acts 2003, No. 1140, §1.



Now then. Based on the PC ALONE, It's an unlawful arrest, IMO. As stated before, if they guy has a CONVICTION on the 966... I see no problem with the arrest, except that it needs to be documented in his PC!

 

[Barry J]

Just because it is not on the probable cause affadivit does not mean it didn't happen. That is not an arrest report. The probable cause affadivit is for a hearing the next day if he doesn't bond out. If the affadivit is lacking information, the arested person is usually let out of jail without having to post bond. The arrest report is forwarded to the DA's office later. After reading the arrest report, it is left up to the DA's office if the guy is prosecuted.

 

[Tim67]

What we have is an incomplete report and more information is required to know whether this was a good arrest.

 

[Leadfoot]

If he was convicted of the 966 arrest, then its a lawful arrest.

If not, it wasn't and he walks. I don't see any pay day involved.

 

[oleheat]

So basically leo can protect their bodies in a non threatening non weapon carrying way but the average joe cant? Really?! When seconds count, the police are only minutes away. The average joe cant always depend on others... i have body armor myself. If its illegal for average joe to use it, then why is it available to average joe? Sounds like nothing more than government looking out for themselves to me.

I don't think anyone is saying that- if we're really on the subject of average Joes.

But he doesn't sound like "the average Joe" with a prior drug arrest & non-accidental gunshot wound- which I'd wager came as the result of "poor life choices".



Shitty luck, maybe?

 

[Boothkicker]

As of last year, all persons entering the Monroe fair are semi-searched for ANY weapons including pocket knives. If you have one, you have to leave it at the gate or take it back to your vehicle. The posted link shows that OPSO arrested him, when it was actually MPD. (Just wanted to clarify that)

 

[Pale Horse]

Dirty cop bashers all of you! How dare you criticize Monroe PD?

Here's another local news story: http://www.knoe.com/story/19649972/woman-wrongly-accused-of-murder-calls-ordeal-a-nightmare