FanPost

President's Day DBD: CGB Lawyers Unite!

On today, the holiest of holidays, we have another case to solve, this time to save the public image of a beloved son. Twist would like to speak on the matter (and he will later), but he's currently disposed on watching the final episode of the Hills.

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via spd.fotologs.net

"I believe you have an excellent case!"

Here are all the details that have been released.

Buffalo Bills running back Marshawn Lynch was arrested on February 11 and charged with felony possession of a concealed firearm.  Lynch was released on $35,000 bond.  The case will be submitted to California's District Attorney's office for for "filing consideration".

The news has been known for about 36 hours at this point, but Mike Florio at Pro Football Talk has confirmed the story.

Lynch won't have to deal with mere firearm charges, either.  As a repeat offender of the NFL's personal conduct policy, it's unlikely that Lynch will receive a reprieve from league commissioner Roger Goodell.

 

 

 

...

Culver City police did not immediately return a phone message seeking information about why officers approached Lynch and his companions.

Lynch’s lawyer, M. Gerald Schwartzbach, said his client was not involved in a traffic incident. Schwartzbach said the player was in California to visit friends.

 

 

I also believe there was a report somewhere that the firearm was in the trunk, NFL Network?

This is the California Statute concerning concealment of weapon in vehicle.

 

§ 12025. Carrying weapon concealed within vehicle or on person; offense; arms in holster or sheath

(a) A person is guilty of carrying a concealed firearm when he or she does any of the following:

(1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.

(2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person.

(3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

(b) Carrying a concealed firearm in violation of this section is punishable, as follows:

(1) Where the person previously has been convicted of any felony, or of any crime made punishable by this chapter, as a felony.

(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony.

(3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.

(4) Where the person is not in lawful possession of the firearm, as defined in this section, or the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony.

(5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

(6) By imprisonment in the state prison, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment if both of the following conditions are met:

(A) Both the pistol, revolver, or other firearm capable of being concealed upon the person and the unexpended ammunition capable of being discharged from that firearm are either in the immediate possession of the person or readily accessible to that person, or the pistol, revolver, or other firearm capable of being concealed upon the person is loaded as defined in subdivision (g) of Section 12031.

(B) The person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision © of Section 11106, as the registered owner of that pistol, revolver, or other firearm capable of being concealed upon the person.

(7) In all cases other than those specified in paragraphs (1) to (6), inclusive, by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.

© A peace officer may arrest a person for a violation of paragraph (6) of subdivision (b) if the peace officer has probable cause to believe that the person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision © of Section 11106 as the registered owner of the pistol, revolver, or other firearm capable of being concealed upon the person, and one or more of the conditions in subparagraph (A) of paragraph (6) of subdivision (b) is met.

(d)(1) Every person convicted under this section who previously has been convicted of a misdemeanor offense enumerated in Section 12001.6 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months, or, if granted probation, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for at least three months.

(2) Every person convicted under this section who has previously been convicted of any felony, or of any crime made punishable by this chapter, if probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.

(e) The court shall apply the three-month minimum sentence as specified in subdivision (d), except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in subdivision (d) or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (d), in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

(f) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

(g) For purposes of this section, "lawful possession of the firearm" means that the person who has possession or custody of the firearm either lawfully owns the firearm or has the permission of the lawful owner or a person who otherwise has apparent authority to possess or have custody of the firearm. A person who takes a firearm without the permission of the lawful owner or without the permission of a person who has lawful custody of the firearm does not have lawful possession of the firearm.

(h)(1) The district attorney of each county shall submit annually a report on or before June 30, to the Attorney General consisting of profiles by race, age, gender, and ethnicity of any person charged with a felony or a misdemeanor under this section and any other offense charged in the same complaint, indictment, or information.

(2) The Attorney General shall submit annually, a report on or before December 31, to the Legislature compiling all of the reports submitted pursuant to paragraph (1).

(3) This subdivision shall remain operative until January 1, 2005, and as of that date shall be repealed.

Beast Mode, a fellow Bills fans, has already talked about it in detail, but for those with short attention spans, here are his preliminary thoughts.

Without question if that is the only reason they stopped the vehicle, the discovery of the firearm is going to be suppressed. Nothing there indicates a traffic violation, a warrant, etc. We also have no idea why the officers asked the men inside to step out of the vehicle. If they had a reason to stop the vehicle and in approaching the car they saw the firearm in plain view then fine. If they had a reason to stop the vehicle and when they approached they smelled marijuana, then they could perform a search. The key here is justifying the stop and justifying the search. I am also extremely unclear as to how they determined the firearm belonged to Marshawn. Presumably it was legally purchased and registered in his name. Barring that, unless there was some sort of confession, I have no clue how they determined it belong to him.

 

Laywers, please sort out this depressing case before we move on to the happier matter of Stanford chokejobs (men's basketball and Michelle Wie alike). After you've come to an amiable solution, go ahead and dump away.

The opinions expressed in a FanPost are, in every way, reflective of the opinions of every California Golden Blogs Marshawnthusiast. Moreover, they are reflective of every employee of SBNation, including Tyler "Blez" Bleszinski.

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