In the nanny state
N.Y. couple charged after posing kids with guns. Well, and they had some marijuana and are being charged with weapons violations. Seems they emailed the pics around and someone called child services. Posting pics of kids with guns with guns is a crime? Well, come get me.
September 6th, 2009 at 10:24 am
I wrote a post on this, too.
http://rivrdog.typepad.com/rivrdog/2009/09/nyc-is-fubar.html
To me, the main issue is Probable Cause. As a former LEO, I would NEVER have made such an arrest without a formal arrest warrant (the article didn’t say whether one was obtained). The idea of using a photograph as Probable Cause is fraught with, well, all the limitations of photography.
As a “reasonable person”, I would NOT conclude that because some kids posed with what appeared to be guns, that:
1. The guns were real (lots of fakes around, some VERY detailed).
2. The guns were in a condition capable of hurting the kids.
3. The kids had NOT been trained to handle the guns properly and safely.
All three of those conditions bear on Probable Cause, for if the charge is Child Endangerment, Probable Cause must actually establish in a “reasonable” person’s mind that the children are IMMINENTLY in danger from THOSE GUNS at THAT TIME.
Virtually NONE of those conditions of the Probable Cause can be inferred properly from photographs.
Bogus case, bogus enough to charge the City, and all it’s involved authorities with Official Misconduct at the very least, possibly with Kidnapping and civil rights violations if you want to get extreme.
The only thing that would make this case NOT bogus would be if the parents involved (both of them) were convicted felons, AND THE CITY KNEW IT BEFOREHAND.
BTW, I’m betting that the drug charge was incident to arrest, and not part of the original investigation.
If I were these people, I’d sue, and sue hard and fast. When it came time to ask for damages, those damages would include reducing the salaries of all the City folk involved to the lowest starting salary of any job in the City Government, and assigning them to hand-copy, in proper calligraphic hand, the Bill of Rights, over and over, 8 hours per day, five days per week, until they retired.
Or, they could resign, and have the City pay a gazillion dollar judgment.
September 6th, 2009 at 11:35 am
They’ll have to come get me, too.
September 6th, 2009 at 10:52 pm
Unc, I don’t think you live in the Peoples Republic of Retardistan, so I’m gonna assume you’re safe.
Besides, your counting lesson teaches an essential engineering skill, so what’s not to like?
September 7th, 2009 at 8:01 am
wow .. as far as i know that sort of thing doesn’t even happen here (hopefully or i’m in trouble too http://jigsawsthoughts.blogspot.com/2009/08/fun-on-range.html )
September 8th, 2009 at 12:55 pm
Add me to that list
http://injennifershead.com/?p=953
The gun was loaded too. And he shot it. Very well I might add.