No kidding. And even as he’s arguing that police in a state where weed is not illegal should be free to spontaneously transition to mere citizens mid-traffic stop… and then invent some right of “citizen’s search” on smelling weed as a pretext to conduct a “citizen’s arrest” under federal law… he’s arguing that an old white man with a gun should get a free pass for murder:
Ok, not quite a free pass. He’s willing to allow that maybe the least man should lose his second amendment rights over the incident, which I suppose to someone like UV must be on par with life imprisonment or even the death penalty. FFS.
I laughed out loud at this. It was that or break down sobbing. I may yet.
can suddenly just announce that he’s now magically just a citizen
In a situation with some parallels, I’m familiar with a case where a mental health worker declared they were no longer their client’s provider and therefore they could have sex as private individuals. That worker ended up doing time in a federal pen.
‘I’m sorry Mr. Vires, I wasn’t Bob your lawyer, I was Bob the Citizen when you told me that. Attorney-client privilege didn’t apply, see you in court!’
He insists that what he is saying has been the law for 800 years. When challenged, he provides 2 cases which have nothing to do with his position, and specifically refer to police arests, not citizen’s arrest.
I would imagine the prosecutors in his area get a little smile when they learn he is defense counsel.
Prosecutor: “we are looking for the defendant to serve a year of probation for the assault and battery.”
UltraVires: “actually under federal law, you can charge him with possession too, so I think 2 years in prison is more fair.”
IIRC, his standard procedure is to always advise his defendant to take whatever plea deal the prosecution offers, because the fact that the police arrested them means they they’re almost certainly guilty and the police can almost certainly prove it.
He does seem lately to be perpetrating a particularly prolific pattern of patently pointless posting. I wonder if his work has hit a slow patch, with word finally starting to get around that he has an unusually high number of clients who were charged with jaywalking and, as a result of his efforts, ended up on death row.
In that thread we have citizen’s arrest, and citizen’s search, which got me thinking, we need citizen’s civil asset forfeiture. It was the car that smelled like marijuana, so it can be impounded then sold at auction by a concerned citizen (who gets to keep 80% of the proceeds), even if there isn’t enough evidence to support prosecuting the driver.
If you are arrested for a DUI and nobody is left to drive the car, they can impound the car right then and there. You are charged by the day for impound fees and if you can’t pick it up or give someone else PoA to pick it up for you (because you are incarcerated / can’t post bail), after so many days it will be put up for auction. And if you miss a payment while in jail it will be repo’d.
If you abandon your car on the side of the road, at some point it is going to get impounded/towed. Since in this case the officer knows that it is going to be abandoned (you being in the back of the squad car), there is no reason not to call the tow truck immediately (particularly if the car is in a high-traffic area and a potential hazard).
