Try both of the above scenarios in court and see how they REALLY play out. In BOTH cases the radio was installed which implies intent. Yeah I know you can't PROVE intent but installing a radio and claiming you did not use it is pretty weak. Besides nobody installs a radio inless they intend to use it at some point in time and with human nature being what it is you can bet it was being used.
Rates right up there with shooting someone and ditching the magazine. No magazine on you so you could not have possibly been the shooter right?
I don't know how that got there officer. It must have been the one arm man.
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