Boulaalam case dismissed

mono_courthouse_10-08.jpgLast July, Youssef Boulaalam, a resident of Cardiff-By-The-Sea who was vacationing in Mono County, grew nervous when two Mono Sheriff’s Officers followed him out of Travertine Springs and eventually stopped him on Highway 395. They wanted to search his car. They seized a loaded gun and arrested the man. Now, after finding there was no probable cause to stop Boulaalam in the first place and no evidence, the Court has dismissed the weapons case against him.

Attorney Allen Berrey had filed a claim against Mono County that alleged civil and constitutional rights violations connected with the traffic stop and search of Youssef Boulaalam’s car and his arrest. Two Mono Sheriff’s officers claimed they thought the man was under the influence; but after they followed him and stopped him, they did not investigate his sobriety. Instead, they searched his car. He told them there was a handgun in his pack back.

Attorneys Doug Buchanan and Berrey filed a motion to suppress the firearm evidence based on the argument that there was no probable cause to stop their client and to search his car. Judge Mark Magit agreed.

Initially, Assistant District Attorney David Anderson said the DA’s office would consider if the Judge’s decision would be appealed. Monday, Attorney Allen Berrey said that Mono Superior Court dismissed the case against Boulaalam and that the District Attorney would not appeal the Court’s February order suppressing all evidence from the July traffic stop. Berrey said that as a result the DA was “unable to proceed to trial.”

 

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American patriot
American patriot
8 years ago

your way outside the reason for the constitution! If your serious, your crazy! I guess we should just move to Russia, or maybe you should, you would be more at home there! Your supporting a police state! Guess what, your in America, land of the free! Can’t believe your statements!… Read more »

Wayne Deja
Wayne Deja
8 years ago

American Patriot……Alright already….Who is your “move to Russia” rant directed at ?…Don’t see ANY posts defending Law Enforcement’s actions on this one….they made some mistakes involving the search,but it still doesn’t make it legal to carry a loaded firearm in your vehicle.

Highaltitudecruiser
Highaltitudecruiser
8 years ago

Slow draw mongo… It is not legal to carry a loaded gun in your vehicle with a hunting license on any public roadway. Paved or dirt. However it is legal to drive with a loaded weapon on private property.

Slow Draw Mongo
Slow Draw Mongo
8 years ago

Thanks H.A.C.
I missed that because I am slow.
Mongo

2 cents
2 cents
8 years ago

This has been going on for decades in Mono county. Good to see the right thing being done for change. Very rare for the little guy to win in Mono county!

Rick O'Brien
Rick O'Brien
8 years ago
Reply to  2 cents

One things for sure…things are gonna change, come June 3rd.

Gistine
Gistine
8 years ago
Reply to  2 cents

You are correct. Believe me, there’s more to come. Remember, those chickens are coming home to roost. It’s about to get even more interesting.

Ken Warner
Ken Warner
8 years ago

And yet, Boulaalam was driving around with two loaded guns within easy reach. If the cops had only given him a field sobriety test, the case would not have been dismissed.

This is the best part: He told them there was a handgun in his pack back.

Justice served!!!

Benett Kessler
Benett Kessler
8 years ago
Reply to  Ken Warner

The rifle in his car was not loaded.
BK

Slow Draw Mongo
Slow Draw Mongo
8 years ago
Reply to  Benett Kessler

Just FYI for you gun enthusiasts; if you have a loaded magazine that is not in the gun it is still considered a loaded firearm under the law. Also, a handgun must be transported in a locked case, unloaded and with the breech open. A rifle may be carried in… Read more »

Slow Draw Mongo
Slow Draw Mongo
8 years ago

Then again, gun laws change all the time, it is incumbent on the individual to know the law for themselves.

Wayne Deja
Wayne Deja
8 years ago

Slow draw Mongo….Thanks for the info….I always heard that in Inyo County it was very difficult to obtain a CCW……not that most citizens up here have a need to carry a weapon,but nice to have just to cover your butt in a case such as this Boulaalam thing that happened….or… Read more »

Mongo
Mongo
8 years ago
Reply to  Wayne Deja

Better call and find out…
M

Tim
Tim
8 years ago

If the firearm is of a type that can be reasonably concealed it should be in a locked container and unloaded. Ammunition should be stored separately, even if in magazines. The general rule is that you want the ammo, especially if in magazines, in a separate container stored away from… Read more »

Trouble
Trouble
8 years ago
Reply to  Tim

Thanks for all your advise Tim. My advise to you is to support our second amendment rights to bare arms and help stop all these foolish laws you refer to. At least free speech is alive and well here today.

Ken Warner
Ken Warner
8 years ago
Reply to  Benett Kessler

My mistake. Since law enforcement is so contentious, maybe we should not have a police force. We could crowd source justice.

Pedro
Pedro
8 years ago
Reply to  Ken Warner

The court metes out justice, not the police. Got a problem with that Ken?

Trouble
Trouble
8 years ago
Reply to  Ken Warner

Just so you know Ken, I gave one thumbs up. I think that’s a great idea!

Ken Warner
Ken Warner
8 years ago
Reply to  Trouble

People take themselves way too seriously. At the same time, the bloggers here are indeed crowdsourceing justice.

SB
SB
8 years ago
Reply to  Ken Warner

Not true Ken, had they given him a sobriety test and he passed they would still have no right to search his car.

Tim
Tim
8 years ago
Reply to  SB

Correct. They would either have to get permission or have PC to arrest, at which point they can search incident to arrest…in this case the Mono deputies didn’t even have a valid reason to pull the guy over, let alone search. Which is something taught in academies before they become… Read more »

Trouble
Trouble
8 years ago
Reply to  SB

Bull SB, if the cops follow the rules! this guy is spending his money locally and enjoying our great fishing. instead he is fighting Barney fFive for his life.

Bemused
Bemused
8 years ago
Reply to  Ken Warner

Just a few miles to the East (NV) loaded guns in cars are legal. I’ve casually disclosed mine to LEOs there and they couldn’t have cared less.

Gun possession restrictions do next to nothing…other than make criminals out of otherwise law-abiding citizens that is.

Mongo
Mongo
8 years ago

Out of control small towns are somewhat common.
It looks like this corrupt city in Florida may get dissolved.
http://tampa.cbslocal.com/2014/03/13/florida-city-tapped-most-corrupt-town-in-america-could-be-dissolved/

Economy per region
Economy per region
8 years ago
Reply to  Mongo

As some regional areas’ economy gets progressively worse and worse to where only the wealthiest can survive, be prepared for more and more of self-servitude, greed, and cronyism from our elected officials who have all the power.

Great Depression II

SB
SB
8 years ago

His rights were violated in Mono County and he proved it in court.

Good for Mr. Boulaalam

Meet the Simpletons
Meet the Simpletons
8 years ago

I can tell you why both the DA and the Sheriff’s Department both approved of this, nothing ever happens to them for any of their actions or wrongdoings. There is no one governing these agencies and they cover for each others mistakes. When a child has no repercussions guess what… Read more »

Gistine
Gistine
8 years ago

I wish I could like your post a thousand times. Especially the part of covering “each other’s mistakes.” I can relate to both Madrid and Boulaalam quite well. My experience with those in power is they choose to turn a blind-eye and they’ll defend the perpetrator(s)/employees to the teeth even… Read more »

Really?
Really?
8 years ago

It’s hard to believe that the DA would drop this case when the evidence was found to have been seized illegally! The real question is, why would the DA file this fatally flawed case in the first place? Is it because most people get the public defender who are experts… Read more »

sugar magnolia
sugar magnolia
8 years ago
Reply to  Really?

unfortunately, it is clearly SOP for the current regime of Mono County Sheriff dept. They exemplify everything wrong with LEO these days. The long held doctrine of ‘protect and serve’ is no longer anywhere in their thought process.

Dunce Club
Dunce Club
8 years ago

This is classic! Guess that “supplemental report” the DA asked for just didn’t quite cover up the two sherrifs poor law enforcement skills this time! Good for him! Glad someone was smart enough to stand up to this county. It is seriously lacking professionalism especially the Sheriff’s department and the… Read more »

Trouble
Trouble
8 years ago

I hope the police decide they need to play by the rules the next time they get bored!

Disgruntled citizen
Disgruntled citizen
8 years ago

Saw that coming…

What’s the recourse for the officers??? Hopefully termination!!!

Isn’t one of the officers still in his probation period also??

Wayne Deja
Wayne Deja
8 years ago

…And now….duh..duh…duh……THE LAWSUIT for millions of $$$$$$$ !!!!

Wayne Deja
Wayne Deja
8 years ago
Reply to  Wayne Deja

…..and I should add…..which he will lose….maybe a bad decision by Law Enforcement how they handled the traffic stop and then an arrest……but not something that warrants a big lawsuit and a bunch of free tax-payers $$$$.

Benett Kessler
Benett Kessler
8 years ago
Reply to  Wayne Deja

Geeezzzz, Wayne. The guy has not filed a lawsuit.
Benett

High & Dry
High & Dry
8 years ago
Reply to  Benett Kessler

Benett could you please update us on the status of the lawsuit filed by William Crosby against the county, the toml and others?

Pedro
Pedro
8 years ago
Reply to  Wayne Deja

An attorney will only take it to court if they think it is a solid case or possibly if payed upfront. Civil rights cases can take hundreds of hours of work and are hard to win. Jury can award compensation for actual damages and possibly punitive damages to plaintiff. Judge… Read more »