| Sayers Case: Motion to Suppress Evidence and Statements Filed |
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| Written by Jeff Garvas | |
| Wednesday, 26 July 2006 | |
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Earlier this week we brought you news in the Daniel Sayers case and published this Motion to Dismiss the charges against Sayers in Oregon Municiple Court. Today, Ohioans For Concealed Carry can report that Sayers' attorney Daniel Ellis filed a motion this week seeking to suppress evidence obtained from a warrantless search and seizure of Sayers vehicle, including statements, observations, officer opinions and physical evidence obtained by the police. In this Motion to Suppress Ellis argues that the police had no lawful cause to stop and detain Sayers, nor did they have probable cause to arrest him without a warrant. When the police were called and Sayers was reported to the police he was "openly" carrying a firearm. In deciding there is no constitutional right to bear "conecaled weapons," the Supreme Court determined in Klein v. Leis that every citizen of Ohio has a right to bear arms "openly." What crime was Sayers committing at the Sunoco that justified a felony stop at gun point? From the police report (emphasis added): Due to the potential of weapons in the vehicle we conducted a felony stop. Officer Costanzo told the subject to keep his hands up and exit the vehicle. The subject started yelling back at officer Costanzo, we could no understand him... As the subject exited the vehicle we were able to see in plain view a black semi automatic pistol in a holster on his right hip. ..."Sayers was obligated by law to "comply with any lawful order or direction of any police officer invested within authority to direct, control, or regulate traffic", and simultaneously obligated to promptly inform the police that he was licensed to carry and that he was carrying. In this competing obligation Sayers attempted to notify from his vehicle and complied with the orders of the officers, yet he was still charged with failure to notify, a misdemeanor of the fourth degree. Finally, Oregon police officers never read Sayers his Miranda rights immediately upon taking him into custody during the "felony stop" or any time thereafter. Ellis argues that when the police conducted a "felony stop" Sayers' Miranda rights went into effect immediately and that even if he didn't attempt to notify the police officers that he was carrying his silence cannot be used against him. If you are as impressed by the arguements being put forth in this case as we are at Ohioans For Concealed Carry, pelase consider a financial contribution to The Dan Sayers Legal Defense Fund today. |