February 16, 2012

suppress

I started this blog with the intent of every-so-often sharing one of my passions - law. I happened to pick a profession that I am passionate about and love talking about, but I've had a hard time incorporating it into this blog that mostly deals with fashion and good sales. However, I thought I'd share with you that I was able to argue a motion to suppress a concealed weapon in court today!
In case you didn't know, (but I hope you do know!), the constitution provides U.S. citizens (and visitors) the right to be free from certain government intrusions. Specifically, the 4th amendment allows you to be free from unreasonable searches and seizures.
How this relates to what I did in court today is this (and is as simple as I can explain it): basically, it is legal to carry a concealed weapon in Florida (and several other states) as long as you have a permit. However, if you don't have a permit, it's a 3rd degree felony to carry a concealed weapon. A police officer may see the bulge in your waistband (or wherever you carry your gun) and feel like stopping you to question you about that bulge (which he has a right to do). But whether he violated your constitutional rights all comes down to timing.
For example, if the officer hears that you have a gun (maybe from an informant), doesn't see any bulge, but then comes at you with his gun drawn telling you to get on the ground that's probablyyyy a seizure without probable cause, which is unlawful under the 4th amendment. At least that's what I was arguing today. It doesn't matter if you really were carrying a gun without a permit, because if the officer violates your rights in order to find that gun, the gun will be "suppressed", or, in other terms, not admitted into evidence against you. If you can't even admit the gun against you in a prosecution for carrying a concealed weapon, there is no evidence, and you go freeeeeee!!! (disclaimer: don't listen to me, I'm not even a lawyer yet).
Anyway, here is what I wore to argue and to class later.
Left Outfit:
Jacket: Theory Gabe B in Tailor fabric, 00
Pants: Theory Max C in Tailor fabric, 00
Blouse: K-Mart (proudest purchase ever for $5)
Necklace: Tiffany

Right Outfit:
Cardigan: Gap
Tee: Pac Sun
Jeans: Gap
Necklace: Kendra Scott (similar by Kendra Scott)
Watch: Michael Kors

3 comments:

  1. I know you were great! How did it turn out?

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  2. judge didnt make a ruling, wanted to take 2 weeks to do her own research which I guess is good

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  3. Hi Elissa! Just wanted to stop by and thank you for leaving such a sweet comment on my blog today ;)

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