GA license holder murdered in Cobb County

Rmodel65 · Jul 11, 2011

A search warrant for the car indicates the police believed Matt Murdock may have committed misdemeanor obstruction and that they were looking for "firearms, ammunition, accoutrements of firearms, paperwork showing possession of firearms."

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Murdock's family said that Murdock only owned one handgun and that it was at his apartment the night of the shooting.
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http://mdjonline.com/view/full_stor...an-s-car?instance=secondary_story_left_column

http://cumming.patch.com/articles/c...ot-cumming-man-advised-to-use-better-judgment

The Cobb County police officer who shot and killed a Cumming man in Mableton last month has been on administrative leave three times in the past eight years and has been counseled by the department to use "better judgement" in high stress incidents with the public, according to records obtained by South Cobb Patch.
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http://mdjonline.com/bookmark/13353608

King said that when he and the officer approached the road, he saw Murdock’s car stopped on the road with the second officer standing by the driver’s-side door. The officer was yelling at Murdock and then fired five to six shots at point-blank range, King said.

King said he heard Murdock yell, “Why are you shooting me?”

The officer who had shot Murdock then swung around, pointing the gun in King’s direction, prompting King and the officer with him to take cover, King said.

“I saw the officer duck behind a car and realized I was the last one in line,” King said.
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the man who was shot was charged with misdemeanor obstruction which is obstruction without violence...also police in GA do not have the authority to seize all weapons at a traffic stop not unless they believe you to be Armed and Dangerous...being armed doesnt cut it...

http://georgiapacking.org/caselaw/statevjones.htm

After an officer seized a rifle from plain view and ran the serial number to see if it was stolen, the Court of Appeals ruled that an officer does not have "carte blanch authority" to secure all weapons at a traffic stop. In order to justify a search of a vehicle for weapons, some conduct on the part of the occupants such as furtive movements or other indications of danger to the officer must be shown, and the officer must have an "objectively reasonable" belief that the occupants of a vehicle are "potentially dangerous."
Essentially overrules Megesi v. State. Megesi was a physical precedent only (meaning it is persuasive, but not binding on lower courts). Jones is a binding precedent (meaning all judges concur). The rule in Jones is that stopping someone (Tier 2 or higher) and seizing a weapon for inspection is not permissible, unless there is reasonable articulable suspicion of a crime based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant the officer in believing that the suspect is dangerous and the suspect may gain immediate control of weapons.
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paintdiddy · Jul 11, 2011

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GA license holder murdered in Cobb County

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GA license holder murdered in Cobb County

#1 Rmodel65 [OP] Yukon Cornelius

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Rmodel65 [OP] Yukon Cornelius

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