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  • #16
    mjmagee67
    Veteran Member
    • Jun 2011
    • 2771

    Originally posted by diverwcw
    Before the interrogation gets to this point you should have already said, "I will be happy to answer any questions you might have but I need to consult with my attorney before any questioning continues."
    That would be the response to my lawyer............

    California Peace Officer........

    I know about why and how to lock someone in on a statement. While changing a statment isn't always good....sometimes getting more clarification can change the meaning of the first statment. Using the phrase "I don't recall" is really a none answer. People often recall information later that they didn't recall at the time of the interview. You know how many phone calls I've gotten from witnesses and victims 2, 3, 10 or even 20 days later?
    Last edited by mjmagee67; 07-31-2017, 11:01 PM.
    If you want change you have to put in your 2 cents, you can't just sit on the sidelines and whine.

    Comment

    • #17
      stilly
      I need a LIFE!!
      • Jul 2009
      • 10685

      Originally posted by RickD427
      I would strongly recommend not giving an answer such as "I don't recall using bullets in the gun."

      Divercw has a much better response. The initially responding LEOs will have an urgent need to know some information (like the number or rounds fired and their direction, if anyone was hit, and if there are any outstanding suspects). These questions fall under the "public safety" exception to Miranda (please refer to New York v Quarles). There is no corresponding urgency to questions about reloads or the "why did you fire?" A polite request to confer with counsel before responding is reasonable.

      On the other hand, once you make a statement, it's cast in stone, and it's cast in stone for all purposes. The words "I can't recall if I used bullets in the gun" could easily be used to show that you were quite ignorant about the condition of your weapon. Guess where that could go.
      Are you absolutely certain that it is public safety and not just so they can rush the "facts" to the media who can turn it all into Assault Glock crap and BOLO for a possible MALE or FEMALE suspect?

      Can't point the finger at any race, sex, family, Apollo Creed, religion, ethnicity, species, phylum, genus etc.

      7 Billion people on the planet. They aint ALL gonna astronauts. Some will get hit by trains...

      Need GOOD SS pins to clean your brass? Try the new and improved model...



      And remember- 99.9% of the lawyers ruin it for the other .1%...

      Comment

      • #18
        sghart
        Senior Member
        • Apr 2012
        • 1224

        If it happens to you just STFU.

        You will probably be in shock anyways. You will be rambling, trying to explain yourself to the cops. They will use that to hang you.

        Repeat, STFU.

        Comment

        • #19
          RickD427
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Jan 2007
          • 9264

          Originally posted by RickD427
          Where and when did the shooting occur?

          Who asked the question about the reloads?
          OP,

          There are two questions still pending for you.

          Did you raise this issue for meaningful discussion, or was this just a troll thread?
          If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

          Comment

          • #20
            GW
            I need a LIFE!!
            • May 2004
            • 16078

            Why would reloads ever be an issue? Are you using exploding bullets? Incendiary rounds?
            sigpicNRA Benefactor Member

            Comment

            • #21
              Christopher761
              Senior Member
              • Nov 2014
              • 855

              Originally posted by GW
              Why would reloads ever be an issue? Are you using exploding bullets? Incendiary rounds?
              It helps the officers sort out the spent shell casings. If you are using new rounds, all from the same box, then all of the casings should have the manufacturer/headstamps.

              It also may make a difference if they are trying to see how far from the target you were shooting from, based upon powder burns and stipling. With reloads, it is more difficult to make that determination, as the powder and powder charge may vary from round to round.

              Comment

              • #22
                alexisjohnson
                Senior Member
                • May 2016
                • 651

                honestly...who cares.

                If your life is in danger...its in danger. I strongly doubt something like having a reloaded case is going to make a difference.

                I think its good to understand the inns and outs of the legal system but if you focus too much on it....you might hesitate when your life is very much in danger and end up dead.

                Comment

                • #23
                  the86d
                  Calguns Addict
                  • Jul 2011
                  • 9587

                  Google "shootout pawn shop attempted robbery" one can easily look up on youtube, I assume.

                  The cops asked.

                  Looks like it might have been Victorville, but I didn't ask where.
                  Last edited by the86d; 08-04-2017, 5:22 AM.

                  Comment

                  • #24
                    Jimmy's
                    Veteran Member
                    • May 2016
                    • 2600

                    Lol.

                    Comment

                    • #25
                      RickD427
                      CGN/CGSSA Contributor - Lifetime
                      CGN Contributor - Lifetime
                      • Jan 2007
                      • 9264

                      Originally posted by the86d
                      Google "shootout pawn shop attempted robbery" one can easily look up on youtube, I assume.

                      The cops asked.

                      Looks like it might have been Victorville, but I didn't ask where.
                      Thanks for responding. I did find two videos on Youtube concerning a pawnshop robbery in Victorville on June 8th.

                      There was no mention in either of them about the victim firing any reloads.

                      The corresponding articles describe an exchange of gunfire between the victim and the two suspects. The articles are not clear if one or both of the suspects fired. The victim and both suspects were struck by the gunfire.

                      When that occurs, one of the normal and expected forensic crime scene efforts is to determine who fired each round, and where each round traveled. That's essential to the fixing the criminal liability of each party.

                      When reloads are used, that task becomes a little more difficult because the cases, projectiles and propellant are not as easily identified.

                      I would expect a competent investigator would have asked the victim what ammunition was used, and if reloads were used, to determine the case, projectile, propellant combination.

                      In this case such a question would be appropriate for its forensic value and should not be interpreted as a reflection on the victim's liability for using reloads.
                      If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                      Comment

                      • #26
                        Sigsour7
                        Member
                        • Nov 2015
                        • 316

                        Originally posted by rm1911
                        I recently spoke with a guy who knows somebody who once read on the internet about a guy who claims to overheard a guy talking to his buddy about a conversation he had with a cop and the cop said that he'd heard a lawyer discussing the same topic. But the cop wasn't sure because it was at a bar and the lawyer was getting a divorce and said something about being reloaded after last night.

                        Turns out there was a citizen self defense shooting the cop had to dispatch to that very same evening and yeah, the guy was using reloads.

                        Coincidence? I think not.
                        Sounds just like calguns crowd. Well done!

                        Comment

                        • #27
                          JagerDog
                          I need a LIFE!!
                          • May 2011
                          • 14455

                          My reloads have matching headstamps. My projectiles will match whatever remains in the gun. But I may have factory in there at any given time.

                          Until I a had an attorney, I think I'd just say I used what was in the gun. The forensics don't need to happen that minute.
                          Palestine is a fake country

                          No Mas Hamas



                          #Blackolivesmatter

                          Comment

                          • #28
                            Red9
                            Veteran Member
                            • Sep 2014
                            • 2900

                            If I use Speer cases, be86 or w231 and gold dots now what? I have duplicated hst and gold dot performance reloading. Would this matter?

                            Sent from my LG-M210 using Tapatalk
                            Never enough reloading stuff

                            Comment

                            • #29
                              GW
                              I need a LIFE!!
                              • May 2004
                              • 16078

                              Originally posted by Christopher761
                              It helps the officers sort out the spent shell casings. If you are using new rounds, all from the same box, then all of the casings should have the manufacturer/headstamps.

                              It also may make a difference if they are trying to see how far from the target you were shooting from, based upon powder burns and stipling. With reloads, it is more difficult to make that determination, as the powder and powder charge may vary from round to round.
                              I understand your point but none of that is my concern in a life or death situation. I'm using whatever ammo was handy when the incident started and I can tell the police I used reloads so they can sort that stuff out when they find CCI, Federal and Winchester brass laying around. What really matters are the bullets retrieved from the BG.
                              sigpicNRA Benefactor Member

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