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« Amusing historical find | Main | Obama, the Joyce Foundation, and the Heller case »

ACLU suit against ATF?

Posted by David Hardy · 5 October 2008 07:13 PM

Joe Huffman reports on it. A lady was driving around on April 19, 2006 (the anniversary of the Waco fire) with "remember the children of Waco" written on her windows, and got pulled over and questioned. At least from the description, it sounds like local police, rather than ATF, stopped her.

Ah, here's more. But not much more, and the link to the judge's order is inoperative.

UPDATE: comments have a good link to the judge's order. It appears that ATF asked local police to make the stop. One question to me is how the communication with the local ATF would have turned up that she had a CCW permit.

· BATFE

5 Comments | Leave a comment

Clark E Myers | October 5, 2008 7:40 PM | Reply

The link on the judge's order is basically good -
http://www.aclufl.org/pdfs/Kilpatrick-SJ.pdf -
the news paper adds a period which functions as a dot and so gives a 404 error. A search on the ACLU site will give the press release http://www.aclufl.org/news_events/index.cfm?action=viewRelease&emailAlertID=3672 which the paper used and another link to the PDF.

Eric | October 6, 2008 9:25 AM | Reply

You should also listen to the calls between the ATF agent the police dispatcher, here:

http://www.aclufl.org/pdfs/atfscallstopensacolapolice.wma

I find an interesting contrast between the ATF agent's statement to the woman driver (that her slogans made the ATF people "nervous" and upset because they had friends that died at Waco) and his tone and wording when talking with the police dispatcher about trying to find some blue van...("it's no big deal") like this was just a nuisance call.

Also, listen for his comment about how it was the FBI that first noticed the van...

Here's a direct to the judge's order in .pdf:
http://www.aclufl.org/pdfs/Kilpatrick-SJ.pdf

One of his key comments:
"More importantly, Defendant [ATF Agent] contends only that it was necessary to search Plaintiff [woman driver] and her vehicle, essentially because she had a weapons permit. While Plaintiff was indeed found to have a weapon, and evidently the permit to go with it, this alone could hardly have constituted the suspicion of criminal activity upon which the Terry stop was based."

straightarrow | October 6, 2008 10:37 PM | Reply

No cause for stop, no cause for search. Ergo, kidnap at the worst, unlawful detention at the least, both carry the same sentence in the penitentiary.

Plus burglary even though they took nothing, they were in the extension of someone's home looking for something worth taking, though they had no justification for being there.

Why is the U.S. Attorney not filing charges?

Tom | October 7, 2008 12:56 AM | Reply

"Why is the U.S. Attorney not filing charges?"

That IS a rhetorical question, right?

straightarrow | October 7, 2008 2:09 AM | Reply

right

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