| Oregon Ohio: Sayers Attorney Motion To Dismiss |
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| Written by Jeff Garvas | |
| Tuesday, 25 July 2006 | |
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UPDATE: Attorney Daniel Ellis filed a Motion To Supress evidence acquired by the Police during the "felony stop" of Daniel Sayers due to numerous excellent arguments, including lack of probable cause to stop Sayers in the first place (the police pulled him over for carrying openly, a fundamental right according to Klein v. Leis) and for never reading Sayers his Miranda rights. See the PDF for excellent details. OFCC is please to announce that Attorney Daniel T. Ellis recently filed a Motion to Dismiss with Oregon Municipal Court in the Dan Sayers case. Ohioans For Concealed Carry is coordinating the Dan Sayers Legal Defense Fund, which we announced June 9th. The City of Oregon arrested Sayers after an anonymous caller reported a "man with a gun" leaving a Sunoco gas station. Sayers was carrying openly, and Oregon Municipal Code unconstitutionally and completely prohibits firearms possession. The absurd anti-gun laws in Oregon, Ohio and their disregard for Sayers as a concealed handgun licensee convinced OFCC to get behind this endeavor. In addition to coordinating the Sayers Defense Fund OFCC is matching the first $2500 contributed. Please consider a donation today through our online webstore. Oregon's Prosecutor sought to reschedule a July prosecutor pretrial upon reading Attorney Ellis' Motion to Dismiss. That pretrial has been moved to the first week of August. In addition to the Motion to Dismiss Ellis reported to Ohioans For Concealed Carry that he intends to file a motion to suppress evidence based upon the police officer's failure to give Miranda warnings, unlawful search and seizure, and no probable cause for stopping Dan Sayers in the first place. The Sayers case has the potential to resurect Klein v. Leis, where the Ohio Supreme Court ruled that concealed carry prohibitions prior to HB12 were "constitutional" because citizens could exercise their right to carry a firearm by openly carrying it. Sayers openly carried at the gas station, and then openly carried in his vehicle when leaving the gas station. Sayers is a concealed handgun licensee. |