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Post by upbasketballfan on Sept 20, 2022 8:09:20 GMT -5
Of course, the defense lawyer said that. The Sheriff already knows to whom the car is registered. The big problem here is that the gun's identification markings are altered. That means the gun was likely stolen. I don't think EMU should of suspended him so soon. I know it looks bad but if the car isn't his, than there is a good possibility the gun isn't his. I know when I borrow a persons car I always ask them if they have any guns in it first before getting the keys. There is also a possibility that the law is leaning on him hard to get information out of him on an altered gun. Or it is election year and a person with an illegal gun is always a person to make and example out of to show you are pushing safety now matter if that person is just in the wrong place wrong time and has nothing to do with it. I think the whole thing will be if his prints are on the gun. If they are then he knew about the gun if they aren’t then in the wrong spot at the wrong time works and at that point I think EMU should reinstate him. There is a lot of responsibility here on a lot of people. I hope this is handled properly.
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Post by fan on Sept 20, 2022 8:55:56 GMT -5
It seems since the day he was on the cover of SI his career has been micro-managed poorly.
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Post by JDetroitTitan on Sept 20, 2022 12:28:55 GMT -5
I don't think EMU should of suspended him so soon. I know it looks bad but if the car isn't his, than there is a good possibility the gun isn't his. I know when I borrow a persons car I always ask them if they have any guns in it first before getting the keys. There is also a possibility that the law is leaning on him hard to get information out of him on an altered gun. Or it is election year and a person with an illegal gun is always a person to make and example out of to show you are pushing safety now matter if that person is just in the wrong place wrong time and has nothing to do with it. I think the whole thing will be if his prints are on the gun. If they are then he knew about the gun if they aren’t then in the wrong spot at the wrong time works and at that point I think EMU should reinstate him. There is a lot of responsibility here on a lot of people. I hope this is handled properly. I just think EMU should not suspend him. He has technical only been charge with a crime.
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Post by Rogobob77 on Sept 20, 2022 12:44:46 GMT -5
I think the whole thing will be if his prints are on the gun. If they are then he knew about the gun if they aren’t then in the wrong spot at the wrong time works and at that point I think EMU should reinstate him. There is a lot of responsibility here on a lot of people. I hope this is handled properly. I just think EMU should not suspend him. He has technical only been charge with a crime. If there is probable cause showing that he was knowingly in possession of an illegal handgun (stolen?) that is a pretty serious deal. IMO, a suspension is appropriate given circumstances, at least until the initial investigation is completed or more facts come out suggesting he had no knowledge of the firearm being in the car. In addition to the official law enforcement investigation, the school can do its own inquiry. Either way, it’s a big distraction for the EMU program.
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Post by motorcitysam on Sept 21, 2022 10:02:10 GMT -5
It seems since the day he was on the cover of SI his career has been micro-managed poorly. Trust me, it was micro-managed poorly before he hit high school. Too many people have been using him as a golden ticket.
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Post by motorcitysam on Sept 21, 2022 10:10:50 GMT -5
I just think EMU should not suspend him. He has technical only been charge with a crime. If there is probable cause showing that he was knowingly in possession of an illegal handgun (stolen?) that is a pretty serious deal. IMO, a suspension is appropriate given circumstances, at least until the initial investigation is completed or more facts come out suggesting he had no knowledge of the firearm being in the car. In addition to the official law enforcement investigation, the school can do its own inquiry. Either way, it’s a big distraction for the EMU program. Agreed. I am no expert, but it seems as if they must have some pretty strong probable cause to get a prosecutor to charge on two felonies. Doesn't seem like something they would do lightly. EMU had high hopes and a strong incoming class before Emoni committed. If I was Heath, that's where my public focus would be. I would have no comment on the Bates situation. I would not contribute to the circus.
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Post by fan on Sept 21, 2022 10:13:24 GMT -5
Too bad, he may still have a bright future, but the road just got longer. Reminds me of Piere Bass, Bass maybe wasn't the talent that Bates was, but if you saw Bass in HS he sure looked like a future NBA all-star. Now Bass is playing somewhere "out there".
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Post by Rogobob77 on Sept 21, 2022 11:00:18 GMT -5
This was in the updated Tony Paul article:
“Washtenaw County Prosecutor Eli Savit enacted a new traffic stop policy last year that barred prosecutors from charging people based on ‘pretex’ traffic stops. Those include instances in which a person is stopped for a traffic infraction, then an officer asks for the driver's consent to search the vehicle even though there is no independent probable cause to justify the search, but is granted consent and finds contraband.
“The policy does not apply if an officer sees contraband ‘in plain sight’ or has independent probable cause to believe there is contraband in the car.”
Perhaps a leap on my part, but assuming the arresting officer and prosecutors office were/are following the policy, seems like there is a good chance the firearm was in plain sight, implying Bates was aware it was in the car when he was stoped. Again, I’ll wait for all the facts to come out before forming any opinions, but not a good situation.
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Post by JDetroitTitan on Sept 21, 2022 12:45:57 GMT -5
This was in the updated Tony Paul article: “Washtenaw County Prosecutor Eli Savit enacted a new traffic stop policy last year that barred prosecutors from charging people based on ‘pretex’ traffic stops. Those include instances in which a person is stopped for a traffic infraction, then an officer asks for the driver's consent to search the vehicle even though there is no independent probable cause to justify the search, but is granted consent and finds contraband. “The policy does not apply if an officer sees contraband ‘in plain sight’ or has independent probable cause to believe there is contraband in the car.” Perhaps a leap on my part, but assuming the arresting officer and prosecutors office were/are following the policy, seems like there is a good chance the firearm was in plain sight, implying Bates was aware it was in the car when he was stoped. Again, I’ll wait for all the facts to come out before forming any opinions, but not a good situation. Is driving someone else vehicle enough to have probable cause to search it if the owner isn't in the car?
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Post by Rogobob77 on Sept 21, 2022 13:52:27 GMT -5
This was in the updated Tony Paul article: “Washtenaw County Prosecutor Eli Savit enacted a new traffic stop policy last year that barred prosecutors from charging people based on ‘pretex’ traffic stops. Those include instances in which a person is stopped for a traffic infraction, then an officer asks for the driver's consent to search the vehicle even though there is no independent probable cause to justify the search, but is granted consent and finds contraband. “The policy does not apply if an officer sees contraband ‘in plain sight’ or has independent probable cause to believe there is contraband in the car.” Perhaps a leap on my part, but assuming the arresting officer and prosecutors office were/are following the policy, seems like there is a good chance the firearm was in plain sight, implying Bates was aware it was in the car when he was stoped. Again, I’ll wait for all the facts to come out before forming any opinions, but not a good situation. Is driving someone else vehicle enough to have probable cause to search it if the owner isn't in the car? Not a lawyer but I think it might depend on the totality of the circumstances. If the driver couldn’t produce a valid vehicle registration document and also couldn’t accurately indicate who owned the car when asked (thus preventing subsequent verification through an online database), perhaps that might have constituted probable cause to suspect that the car was stolen. Other factors that could present probable cause for a vehicle search might be something like clear indication of cannabis use (yes it’s generally legal in Michigan but you can’t smoke while driving or under age 21), but there is no indication whatsoever that was a factor in this case. A bit unrelated to this specific incident, but I know that in the past UDM has brought in a criminal defense attorney to make a presentation to student athletes about how to stay clear of brushes with the law involving things like gambling, guns, drugs, sexual assault, etc. I assume most schools do something similar with hopes that some of the message gets through.
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Post by Rogobob77 on Oct 6, 2022 21:14:02 GMT -5
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Post by ptctitan on Oct 13, 2022 11:04:11 GMT -5
Emoni Bates to enter diversion program and plead to misdemeanor. ESPN ArticleExcerpts from the article "Haney said he has negotiated a plea deal with the Washtenaw County Prosecutor's office in exchange for the dismissal of all felony charges. Bates is expected to plead to one misdemeanor count of attempted illegal transportation of a weapon. It will be entirely dismissed upon completion of a misdemeanor diversion program." "According to the police report obtained by ESPN, deputies observed a black Mitsubishi Outlander run a stop sign and initiated a traffic stop. The report says Bates stated there was marijuana and a handgun in the vehicle and an ensuing search of the vehicle uncovered a gun under the driver's seat. The serial number under the barrel of the gun had been removed, according to the report."
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Post by Rogobob77 on Oct 13, 2022 12:23:58 GMT -5
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Post by Rogobob77 on Oct 13, 2022 16:16:23 GMT -5
Is driving someone else vehicle enough to have probable cause to search it if the owner isn't in the car? Not a lawyer but I think it might depend on the totality of the circumstances. If the driver couldn’t produce a valid vehicle registration document and also couldn’t accurately indicate who owned the car when asked (thus preventing subsequent verification through an online database), perhaps that might have constituted probable cause to suspect that the car was stolen. Other factors that could present probable cause for a vehicle search might be something like clear indication of cannabis use (yes it’s generally legal in Michigan but you can’t smoke while driving or under age 21), but there is no indication whatsoever that was a factor in this case. A bit unrelated to this specific incident, but I know that in the past UDM has brought in a criminal defense attorney to make a presentation to student athletes about how to stay clear of brushes with the law involving things like gambling, guns, drugs, sexual assault, etc. I assume most schools do something similar with hopes that some of the message gets through. Article from the Detroit Free Press, indicates that the police officer detected marijuana odor during the traffic stop, that created probable cause for the search which led to the discovery of the handgun that had the altered serial number: “Emoni Bates felony charges to be dropped, Eastern Michigan suspension lifted” www.freep.com/story/sports/college/2022/10/13/emoni-bates-felony-gun-charges-dropped-suspension-eastern-michigan-basketball/69560865007/
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Post by ptctitan on Oct 13, 2022 17:34:28 GMT -5
The news reports say that the police report says that the car he was driving was registered to BMGT, LLC, a Tennessee limited liability company hidden behind a Nevada corporate filing service as its registered agent. He admitted that he had smoked weed and was carrying some weed with him in the car. Also, he knew the gun was in the car and properly told the officer that the gun was there. Could BMGT stand for Bates Management, LLC? As I understand things, it is not unusual for an 18 year old to get this type of diversion with expungement at the end of it if he fulfills his obligation. I hope he learns from this mistake and does not violate his probation.
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