'Forgot to tell mom', and 'I didn't know' successful defense

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Bruenor
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'Forgot to tell mom', and 'I didn't know' successful defense

Post by Bruenor »

I doubt most people would have been found not guilty with a loaded long gun in the car..
http://www.cleveland.com/metro/index.ss ... t_p_1.html" onclick="window.open(this.href);return false;
Brenda Bickerstaff was found not guilty of having weapons under disability, carrying a concealed weapon and tampering with evidence
An officer saw a shotgun case on the floor in the backseat during the stop.

Officers asked to check the bag, and found a loaded Mossburg 12-gauge shotgun that belonged to her son, Edward Bickerstaff. Brenda Bickerstaff, who is a convicted felon and barred from owning firearms, was arrested at the scene.
Brenda Bickerstaff testified at trial that she did not know the gun was in the car, Drucker said.
Edward Bickerstaff testified that he accidentally left the gun in the back seat and forgot to tell his mother about it.
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JustaShooter
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Re: 'Forgot to tell mom', and 'I didn't know' successful def

Post by JustaShooter »

Not sure the carrying a concealed weapon would have stuck anyway. Improper handling of a firearm in a motor vehicle, though...

Either way, the son just admitted to a crime he committed - see above. Either she's guilty of it, or he is... He's also likely guilty of Unlawful transaction in weapons. (2923.20)
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Re: 'Forgot to tell mom', and 'I didn't know' successful def

Post by sodbuster95 »

Bruenor wrote:
An officer saw a shotgun case on the floor in the backseat during the stop.

Officers asked to check the bag, and found a loaded Mossburg 12-gauge shotgun that belonged to her son, Edward Bickerstaff.
Learning how to say "no" to a voluntary search may have assisted. Though, given the circumstances, they probably had enough PC for a warrant.
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catfish86
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Re: 'Forgot to tell mom', and 'I didn't know' successful def

Post by catfish86 »

This is a case in point proving what a lawyer I worked for always said...1) Everybody has the right to remain silent and so few have the wisdom to do so and 2) NEVER consent to a search because you never truly know what has been left in your car.

He would always say that "it was someone else's" and "I didn't know it was there" are said almost every time and will NEVER be believed by the officers or the prosecutors.
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Re: 'Forgot to tell mom', and 'I didn't know' successful def

Post by JustaShooter »

catfish86 wrote:"it was someone else's" and "I didn't know it was there" are said almost every time and will NEVER be believed by the officers or the prosecutors.
Unless you are an anti-gun liberal activist in Cleveland...
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djthomas
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Re: 'Forgot to tell mom', and 'I didn't know' successful def

Post by djthomas »

catfish86 wrote:He would always say that "it was someone else's" and "I didn't know it was there" are said almost every time and will NEVER be believed by the officers or the prosecutors.
Not almost every time, let's be fair here, maybe just 90% of the time. ;)

My favorite dialogue goes like this:
"I'm holding em for a buddy."
"Oh, what's your buddy's name?"
"Uh, Steve."
"Steve got a list name?"
"Uhh, umm....yeah..uh, err, no."
"When did you last see Steve?"
"Uhh..last week. Or no, maybe it was like Tuesday or something."
"Do you know how to get ahold of him? I mean, how will you know when he wants these back?"
"Uh, yeah, uh, he'll see me."
"So you know this buddy so well you'll carry his drugs and gun around for a week but you don't even know his last name or how to get a hold of him."
"No no, it ain't like that, see... *click*" :roll:

Of the remaining 10%, 9% will be honest and own up to it. The last 1% actually know how to remain silent and do so.
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