Sean Combs, the 18-year-old senior who was while walking through downtown Birmingham , is set to attend an evidentiary hearing in three weeks after attending a pre-trial hearing Tuesday afternoon in front of Judge Marc Barron in in Bloomfield Hills.
Combs on charges of brandishing a firearm, disorderly conduct and obstructing an officer – all misdemeanor offenses that each carry a maximum 93-day sentence and $500 fine.
Combs' attorney, Jim Makowski, said he plans to file a motion to dismiss the case entirely within the next couple weeks, saying violated Combs' rights when they stopped him without cause.
"I think Birmingham Police just didn't like what he was doing, and I think what they did was wrong," said Makowski, who specializes in Second Amendment law.
Makowski said all the other charges would be void if the stop itself were unconstitutional, which he believes it was. Once Makowski files the motion to dismiss, the city of Birmingham has seven days to respond.
Meanwhile, Combs maintains he and fully within his legal rights to openly carry the loaded M1 Garand rifle, which he had recently received as a gift from his parents for his 18th birthday.
"I'm pretty confident," Combs said. "Not overly confident, because anything can happen, but I think it's going to be definitely arguable, if nothing else."
A hearing date has not yet been set.
I accuse you of murder, does that make you guilty and subject to immediate execution?
Please state the law, regulation, or constitutional article that states that you have a "right" to "shop or walk in Birmingham without feeling scared or threatened". Like you, I have no way of knowing if YOU will suddenly translate your fear and loathing of others into sudden violent action. Should you be arrested and forced to stay in your house or in jail for the rest of your life? He was exercising his rights in compliance with the law, whereas you dream up a "right" to justify your unreasonable fear.
Please state the law, regulation, or constitutional article that states that you have a "right" to "shop or walk in Birmingham without feeling scared or threatened". Like you, I have no way of knowing if YOU will suddenly translate your fear and loathing of others into sudden violent action. Should you be arrested and forced to stay in your house or in jail for the rest of your life? He was exercising his rights in compliance with the law, whereas you dream up a "right" to justify your unreasonable fear.
According to the law, the B'ham police were in the wrong and they may very well face legal action. Here is what the law says: Officers are reminded that the Fourth Amendment protects citizens from unreasonable searches and seizures. Carrying a nonconcealed firearm is generally legal. Officers may engage in a consensual encounter with a person carrying a non-concealed pistol; however, in order to stop a citizen, officers are required to have reasonable suspicion that crime is afoot. For example, officers may not stop a person on the mere possibility the person may be carrying an unregistered pistol. Officers must possess facts rising to the level of reasonable suspicion to believe the person is carrying an unregistered pistol. Officers are also reminded there is no general duty for a citizen to identify himself or herself to a police officer unless the citizen is being stopped for a Michigan Vehicle Code violation. http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf
http://forum.opencarry.org/forums/showthread.php?102450-OC-dinner-city-council-meeting-in-Birmingham-on-June-11th
There is NO difference between carrying a gun in compliance with the law and buying a soda from a soda machine in compliance with the law. Both are lawful activities and and should be treated exactly the same way by the police. I find it interesting that based on your assumption that "something really bad" was going to happen you approve arresting someone engaged in a lawful activity. In the case of buying a soda from a soda machine, he MIGHT be on the verge of diabetic coma, which MIGHT cause him to have a automobile accident, which MIGHT cause the deaths of 50 children when he runs into a school bus causing it flip over a bridge railing and falling 150 feet crushing everyone into strawberry paste. Thus arresting him for buying a soda from a soda machine would save 50 lives. How is the instant example any different? Both are are legal activities, both COULD result in the loss of life. Thank god you don't get to determine who gets arrested and who doesn't.
Respect is earned, a policeman that exceeds his authority does not deserve respect.