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Chris Livingston Esq. 2154 Dowd Dairy Road White Oak NC 28399 Land line and fax 910 866 4948 Cell 910 876 7001 Email chrisatty@hotmail.com, usriflecaliber30m1@yahoo.com, chris@fairdebtlawyer.com A BLOG DEVOTED TO FDCPA, FOURTH AMENDMENT, POLITICS, AND GENERALLY COOL STUFF For the actual blog, please visit www.fairdebtlawyer.blogspot.com since their site is much more suitable for blogging. Soon to come is www.fourthamendmentlawyer.com which will be dedicated to search and seizure and other law enforcement topics. Most of my practice is consumer advocacy under the Fair Debt Collection Practices Act, which is a federal law, and the North Carolina state laws governing debt collection. I also defend people who’ve been sued for a debt, and though I can’t guarantee results, I do my homework and if there’s a lawful way to win, I will try to find it. My business comes in by word of mouth and just from people I meet. You’d be amazed how many people have had unfavorable run-ins with collection agencies and collection law firms. In my experience, the so-called "collection attorneys" are for the most part nothing more than collection agencies with the most unbelievably rude and deceitful staff members. Do not let them intimidate you because they are calling from a "law office" and do not let them get away with violating any laws. My other main interest is police law, particularly the Fourth Amendment, “the right of the people to be secure in their persons, papers, homes and effects against unreasonable search and seizure, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the places to be searched and the persons and things to be seized.” I am always available and delighted to defend law enforcement officers against civil rights suits or even criminal charges. Even if you're a criminal defense lawyer--after all, I used to be one--you're welcome to read what I’ve picked up from my daily review of Fourth Amendment cases. Some of my basic qualifications are: BS Philosophy, North Carolina State University MS Tax, University of Miami School of Business Juris Doctor, University of Miami School of Law FAA Aviation Mechanic Certificate, Airframe and Powerplant Ratings FAA Private Pilot Certificate North Carolina Basic Law Enforcement Training Working on my associate’s degree in Criminal Justice at Bladen Community College Member of the North Carolina State Bar and The Florida Bar Admitted to the U.S. District Courts for the Eastern District of North Carolina and the Northern and Southern Districts of Florida I shoot NRA Conventional Pistol (bullseye) and Highpower Rifle as often as I can, and I’ve taken an extra class or two in practical shooting. And I read a lot of law. DISCLAIMERS: Nothing here is intended as legal advice and nothing here will create an attorney-client relationship. All citizens are free to look up the law for themselves and to represent themselves in court. Everything here is my own opinion and not that of any client, employer, employee, agent, law enforcement agency, media outlet, court, certification board, or government entity. GOVERNING PHILOSOPHY at this site: There are three kinds of people. There are sheep, content to go along and get along. There are wolves, who contribute nothing to society and devour as many sheep as they can. And there are sheepDOGS, who do not let wolves mess with sheep—or with themselves. Sheepdogs are made, not born, and they never ever start fights, but always, ALWAYS, finish them. Sheepdogs learn everything they can about their calling, and they maintain the winner’s mindset, looking for ways to triumph instead of excuses to lose. Sheepdogs find out the facts, and then form their opinions around them. Sheepdogs know that no one is above the law or beneath its protection, and that courage is not the absence of fear, but the ability to do, even when you’re scared, what you must do. Credit for this template of human nature goes to LCOL Dave Grossman, U.S. Army (Retired), author of On Killing and proprietor of www.killology.com , which is a recommended site.
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I CARRY, KEEP, OR USE THE FOLLOWING SERIOUS EQUIPMENT www.surefire.com – a lot of light in a lightweight package, and bargain 123 batteries www.schmidtbender.com – save up to buy S&B, don’t mess with inferior weaponsights www.laruetactical.com – don’t mess with inferior mounts for your S&B and Surefire www.butlercreek.com – flip-up scope caps because even S&Bs get rained on www.smith-wesson.com – sweet new M&P-15 (Stag Arms AR) www.tangodown.com – their AR battlegrip is awesome and holds batteries www.vltor.com – their Modstock is even more awesome and holds even more batteries www.blueforcegear.com – Larry Vickers’ sling is what you hang your AR on www.magpul.com – gather your AR mags, put gray followers inside, gray loops outside www.hecklerkoch-usa.com -- better yet, just get HK steel mags for your AR www.mossberg.com – cost-effective M500 fighting shotgun, I call mine “the Rabbi” www.smith-wesson.com – golden oldie M637 Airweight snub www.hksspeedloaders.com – drop a speedloader in your other pocket www.bianchi-intl.com – Speed Strip in case you get attacked a third time www.smith-wesson.com – strong handcuffs, mix-n-match nickel, blue, chain, hinged www.berettausa.com – even I can’t jam a Beretta M9 and 16 rounds are comforting www.wildbillsconcealment.com – super holsters at a fair price, great guys/gals too www.springfield-armory.com – 1911 TRP, for those who know what they’re doing www.chipmccormickcorp.com – buy new 1911 mags from Chip every 6 months … www.trippresearch.com – … and put in Tripp springs and followers; no jams yet here www.safariland.com – my 1911 lives in their SLS duty holster www.michaelsoforegon.com – Uncle Mike’s nylon gear, durable and not too costly www.asp-net.com – ASP batons and Key Defender pepper spray for less-lethal occasions www.winchester.com – SXT and M193 5.56mm, when you care enough to send the very best www.federalcartridge.com – HydraShok is right up there for your snub .38 You say “gear queer!” – I say fight your enemy, not your equipment. OTHER SITES OF INTEREST www.foxnews.com www.10-8forums.com www.defense-training.com – read John Farnam’s “Quips, Quotes, and Lessons Learned,” all of them. I disagree with a few things, especially whether to carry a defensive sidearm with a manual safety. Sure, a Glock will always fire just by pulling the trigger, but that also applies to the bad guy who gets your Glock away from you, and yes it does happen. Whoever gets my on-safe 1911 away from me will, by the time they have figured out how to make it shoot, not be in a condition to shoot anymore. www.insidearm.com -- formerly collectionindustry.com www.uscourts.gov to find any federal court in the nation www.nccourts.org for the scoop on the General Court of Justice, with lots of handy forms and links to Appellate Division opinions free of charge www.flcourts.org –same deal for the Florida courts www.officer.com www.odmp.org www.midwayusa.com for some pretty square deals on shooting stuff, and they usually have Black Hills Mk 262 Mod 0 in stock www.vickerstactical.com for straight advice, and TAKE ALL HIS CLASSES whenever you can www.nationalmatch.us www.bullseyepistol.com
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BLOG SAMPLE--old posts--for the latest and greatest, head over to www.fairdebtlawyer.blogspot.com
2006-11-08: No Good Deed Goes Unpunished If the election yesterday was about Iraq, there’s all the proof you need that the media refuses to report the war accurately. Democrats can get elected only when they pretend not to be Democrats, e.g., Shuler over there in the NC mountains. Although he wouldn’t commit to voting for Nan Pelosi, he of course will help coronate the San Francisco Treat as Speaker. Bush 43 and Sidekick Dick, PLEASE stay alive. In part, Republicans gotta sigh and say, well that’s show biz. You can’t win them all or even most, when the media is so against you and the Democrat programs sound and feel so good that Republicans have to raise five times as much campaign money just to break even. But today is the first day of the 2008 campaign, and unless you want to fall prostrate before Emperor Hillary in two years, those who love freedom had better get going immediately. On to a Fourth Amendment case or two: UNITED STATES V. FARRIOR, 2006 U.S.Dist. LEXIS 80560 (W.D.Va. 03 Nov 2006). Pulaski, VA police got tipped that a car with a certain license plate was involved in drug trafficking in Pulaski. Five days later, Officer Morris on patrol spotted that vehicle and stopped it for no tag light. Sergeant Anderson heard or was told of the stop and proceeded to the scene. Dispatch called in K9 Officer Dowdy from his home just blocks away from the stop. Defendant’s license and reg checked good. Officer Morris returned his license and reg, warned him about the tag light and freed him to go, then asked for consent to search the vehicle, which Defendant granted. Officer Morris was searching when Sergeant Anderson arrived and asked Defendant about prior drug convictions, which Defendant said were a long time ago. Officer Morris finished the search with negative results, but retook Defendant’s license and reg to write a warning ticket at Sergeant Anderson’s direction; Officer Morris was new didn’t know he was supposed to do that. Officer Morris was explaining the ticket to Defendant when Officer Dowdy and his K9 partner arrived about 37 minutes after the initial stop, and Sergeant Anderson said Defendant had consented to a search. The K9 alerted on the trunk. Thus enlightened, the officers found white powdery substance in the trunk, noticed where interior panels had been altered, and asked Defendant to remove his boots, which he did, and in the insoles were cocaine base and $2,720 U.S. currency, whereupon he was arrested. Defendant bailed out of jail and three weeks later, Roanoke, VA police found him on the ground with three bullet wounds. At the hospital, he would not cooperate in identifying his assailant(s), and police found his rental car a block away from the shooting site. After towing it and obtaining a search warrant, police found Defendant’s boot in the trunk, and in the boot was over a pound of crack. Upon his discharge from the hospital, federal agents arrested Defendant for possession with intent to distribute. Defendant was not Mirandized or interrogated. In the elevator on the way to the U.S. Marshals’ office, Defendant asked what had become of the three people who shot him, and was told the Roanoke police were handling that. Defendant said “well they shot me because they didn’t want to pay me!” Upon Defendant’s motion to suppress, the court ruled that the initial stop was valid, complying with the Fourth Circuit rule that a proper investigative stop occurs when an officer requests license and reg, runs a computer check, and issues a citation. After that, the burden was on the government to show that the warrantless search was subject to an exception, such as consent. Since Officer Morris returned Defendant’s reg and license and told him he was free to go, Defendant was free to consent or not to the subsequent search. Though Officer Morris should have issued the citation immediately, he explained that he would rather give warnings, and only wrote the ticket when Sergeant Anderson told him he had to, and now he knew. There was no subterfuge, just an honest lack of knowledge. Under these circumstance, the stop did not take too long. Air is free and K9s detect only contraband, so the sniff stood. Defendant’s question and inculpatory statement in the elevator were voluntary, if ill-advised. The Fourth and Fifth Amendments were not offended at any point. Motion to suppress DENIED. --------------------------------------------------------------
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