SpudFiles

hey, i live in miami and was arrested and charged with discharging a destructive device and was in jail for approximately 11 hours before i was bailed out. i was out in sum field by my house shooting at a trash pile when the officer came and arrested me and my friend. i was charged with a felony and am awaiting court. i need to know on how just this is? can i file a lawsuit? you guys let me kno. thnx i appreciate it

not the way i was using it according to the atf.

You should also check <a href="http://www.spudtech.com/content.asp?id=13">this</a> out. Pay attention to the lines about how certain areas of the U.S. can ban them completely. But if you show these both to a judge and explain how you were not at all causing any harm to anyone or even putting people at risk then you should be fine.

i went to an empty field where no one could see us. and the cops still came by and charged us with discharging a destructive device. but i was shooting potatoes at trash. i think those r false charges, r they?

I'd say it is a load of crap that you got in trouble like that, but print out that letter and explain your story, and hopefully things will go well.

If you do what gort said i think you would be alright. How old are you?
Is your friend charged as well?Who was shooting at the time you or your friend?

If they not banned in your city (as of I know they are not banned in Miami) and if your shooting potatos in an area where you have permission to shoot them by the owner, not by the cops... then your fine....

Did the owner of the field saw you could shoot them their?
Did you tell the cops this?

I have a printed ATF I always have with me, but the one time a cop came up to me he asked if I had permission to shoot it in this area, and I had the owner tell him yes, and then he asked for me to shoot it, he thought it was funny, and said "be careful", and then he left...

Miami, and they bother about a Potato Gun?

Wow..

man he didnt see us shoot it. he saw us stuff a potato down the barrel. it was an fpl field, but we were way on its outer limits, right next to a pile of trash just shooting at it. man i was in jail for 11 hours....in a felony cell, wtf. thats not just. it was clear that werent trying to cause harm too.

Don't go into court assuming all will be fine. The ATF doesn't define these as destructive devices, but that doesn't mean that your local government or even state doesn't define them as destructive devices.

LAWYER UP. Seek legal advice in your area. Look up the penal code for which you were charged. You will be able to find this on the internet. Was it Miami or a suburb to Miami? Find the actual definition of "Destructive Device" and see if this does or doesn't apply to you.

I think you should still consult an attorney. Consulting one after conviction is too late. Think of it as insurance.

of course, i have a meeting with an attorney today at 4. but for how and where i was doing it, i seriously question the justice of the arrest....do u think the punishment fits the crime? if theres any crime at all. 500 bucks to bail me, out and 11 hours in jail.

I seriously think Cops are really wasting their times sometimes... Arresting people for shooting a trash can with god damn spuds. When there's like, drugs, street gangs, etc...

The cops tried to take me to jail one time becasue I was shooting them into the swamp behinde my house and they saud I could have hit the highway(the highway is at least 4000' away). So When you go to court take the letters with you. But if the owner of the places says you were not allowed to shoot it there they can get you on tresspassing.

A thing that sometimes work is...

Is bring them back to why such a law was made. Was the law made to target teenagers shooting vegetables in a vacant lot? Dont obviously come off as a smart @ss. Tell them you will no longer do so on there request, but from your standpoint you never such was illegal after revising this ATF letter. *Whip out letter* Just prove you were not using it in a destructive manner.

My brother has used the techinque many o' times on speeding tickets. Usally says something along of the lines of that his increased speed was not in anyway risking the lifes of others, since others also going the same speed. So infact if he were to go slower he would provide a unsafe enviroment to the other drivers that are going ~10MPH faster. Also with the increased following distance he has got some traffic tickets off his record doing such.

Have fun researching laws and such. Even better if you could find a crack house within like a short range. Or another serious violation that was ignored, and rather came and harrased you. Doesnt sound fun getting yourself out of this one...