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Old 06-26-2012, 08:53 PM
 
Location: Walton County, GA
1,242 posts, read 3,480,173 times
Reputation: 1049

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OMG, I can't believe how many people really don't understand their rights and how many laws that the cop broke.

A concerned citizen calls about a man with a gun. How about educating the caller.

The officer did NOT have to stop him. To satisfy the complaint, he could have observed the man from a distance and he would have quickly seen that there was nothing suspicious.

I think people get confused about providing an ID to a officer. It's different when driving, they have a reason to detain when you get pulled over. Just walking in public, breaking no laws, you should not be stopped.

I am a open carrier. The only place I don't is inside my work building. But, she stays in the car. Thank god my company respects GA laws and allows my firearm to stay in the car on company property.

I've had many encounters with cops, with my gun holstered, and they all have been great. (none of these encounters were because of the gun, just casual run ins with them)

I know of no public streets where you can't record. I have a dash cam in my car and have been pulled over many times and no cop has ever questioned me recording, even when I turn the camera at them. They just carry on as usual.

I think most people are afraid of cops and thats what the cops want. They want people to feed them information freely.

I wont say all, but most of these types of cases seem to happen in states that have tight gun laws. And, most seem to have the younger cops that still have something to prove and just dont know yet.

As far as other races would not get the same treatment, for the most part, yes. Most blacks and Hispanics in this situation would not have gone down like this. But, its not the skin color. There is profiling. A hoodied male, black, white, brown, yellow, with pants down at the knees will get treated different. That description fits the "culture of violence" crowd. But here is the kicker, odd's are, they will give a whole different attitude.

In this case, the guy was calm, did not make sudden moves, stated clearly what he was doing the whole time. Thugboy, well, we all know there would be a f'bomb or two dropped, sudden jerk away from the officer, etc. I've have told officers before that I don't consent to the seizure of my weapon, but I did not stop them. Yes, I know they were breaking the law, but at the same time, I dont want to get shot myself. These kids that fall in the "culture of violence" do not act this way.

That is why blacks and Hispanics would be more prone.
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Old 06-26-2012, 09:28 PM
 
56,988 posts, read 35,198,461 times
Reputation: 18824
Quote:
Originally Posted by blackhemi View Post
OMG, I can't believe how many people really don't understand their rights and how many laws that the cop broke.

A concerned citizen calls about a man with a gun. How about educating the caller.

The officer did NOT have to stop him. To satisfy the complaint, he could have observed the man from a distance and he would have quickly seen that there was nothing suspicious.

I think people get confused about providing an ID to a officer. It's different when driving, they have a reason to detain when you get pulled over. Just walking in public, breaking no laws, you should not be stopped.

I am a open carrier. The only place I don't is inside my work building. But, she stays in the car. Thank god my company respects GA laws and allows my firearm to stay in the car on company property.

I've had many encounters with cops, with my gun holstered, and they all have been great. (none of these encounters were because of the gun, just casual run ins with them)

I know of no public streets where you can't record. I have a dash cam in my car and have been pulled over many times and no cop has ever questioned me recording, even when I turn the camera at them. They just carry on as usual.

I think most people are afraid of cops and thats what the cops want. They want people to feed them information freely.

I wont say all, but most of these types of cases seem to happen in states that have tight gun laws. And, most seem to have the younger cops that still have something to prove and just dont know yet.

As far as other races would not get the same treatment, for the most part, yes. Most blacks and Hispanics in this situation would not have gone down like this. But, its not the skin color. There is profiling. A hoodied male, black, white, brown, yellow, with pants down at the knees will get treated different. That description fits the "culture of violence" crowd. But here is the kicker, odd's are, they will give a whole different attitude.

In this case, the guy was calm, did not make sudden moves, stated clearly what he was doing the whole time. Thugboy, well, we all know there would be a f'bomb or two dropped, sudden jerk away from the officer, etc. I've have told officers before that I don't consent to the seizure of my weapon, but I did not stop them. Yes, I know they were breaking the law, but at the same time, I dont want to get shot myself. These kids that fall in the "culture of violence" do not act this way.

That is why blacks and Hispanics would be more prone.
Naaaaaah. I submit that if a black dude had acted EXACTLY THE SAME WAY as this guy it wouldn't have went down like this. The black guy could've been dressed like a prep school student and speaking the Kings English. No way Jose...he aint about to back down a police officer in any inquiry about a gun. Forget it.

All that stuff about a different attitude and hoodies blah, blah, blah is nonsense.
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Old 06-26-2012, 09:58 PM
 
4,734 posts, read 4,330,801 times
Reputation: 3235
Quote:
Originally Posted by momonkey View Post
"he could have been taken in for obstructing an officer"




The officer was guilty of obstructing a citizen.

He had no legal right to stop that person or question him.

Just because the cop uses the bill of rights for toilet paper doesn't mean there aren't those among us who have a spine and revere the Constitution.
The officer didn't have the 'right' to stop him; he had the authority to do so. Government has power and authority, whereas citizens have rights, and to secure those rights, we have a constitution. But individual rights are always balanced against the powers of government -- that is a fact. I am as skeptical as anyone here about police power and I absolutely want more to be done to protect against civil rights abuses. However, this is not the way to go about it.
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Old 06-26-2012, 10:08 PM
 
4,734 posts, read 4,330,801 times
Reputation: 3235
Quote:
Originally Posted by blackhemi View Post
The officer did NOT have to stop him. To satisfy the complaint, he could have observed the man from a distance and he would have quickly seen that there was nothing suspicious.
Or he could have confronted him, which he did, and which he has the legal authority to do.

Quote:
Originally Posted by blackhemi View Post
I think people get confused about providing an ID to a officer. It's different when driving, they have a reason to detain when you get pulled over.
That reason could be nothing more than someone calling in a police officer and saying I think the guy in the car ahead of us, with license plate # ------- is possibly drunk. Why don't you check it out." That's it. Done. Cops can pull him over. They don't need any other reason. No different than this case. It's reasonable suspicion, which is different from probable cause. Reasonable suspicion means that there is reason to believe that you may have been involved in illegal activity. It may turn out that you're 100 percent clean. But responding to a public complaint or voice of concern is enough to get them involved -- every time. That's probably one reason why they record 911 calls, to document that they're not just making sh*t up.

Quote:
Originally Posted by blackhemi View Post
Just walking in public, breaking no laws, you should not be stopped.
They don't have to determine that you're breaking a law; they have to have reasonable suspicion that illegal activity has either occurred or may occur.

Quote:
Originally Posted by blackhemi View Post
I've have told officers before that I don't consent to the seizure of my weapon, but I did not stop them. Yes, I know they were breaking the law, but at the same time, I dont want to get shot myself.
They weren't breaking the law.
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Old 06-27-2012, 12:13 PM
 
Location: Raleigh, NC
20,054 posts, read 18,282,893 times
Reputation: 3826
Default Open carry law student pwns police officer

Officer's supervisor found out really quickly that they could do nothing about the guy open carrying. Awesome video!


Law Student Puts Cop In His Place After Being Unlawfully Stopped For Carrying A Gun In Maine - YouTube
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Old 06-27-2012, 12:27 PM
 
Location: Murika
2,526 posts, read 3,004,783 times
Reputation: 1929
The law's the law.
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Old 06-27-2012, 12:28 PM
 
Location: Raleigh, NC
20,054 posts, read 18,282,893 times
Reputation: 3826
Quote:
Originally Posted by vamos View Post
The law's the law.
Yep, that's why the police officer stood down.
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Old 06-27-2012, 12:33 PM
 
Location: Baltimore
8,299 posts, read 8,606,493 times
Reputation: 3663
Search function: Law Student Backs Down Cop After Being Unlawfully Stopped For Carrying A Gun In Portland, Maine
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Old 06-27-2012, 12:49 PM
 
Location: Raleigh, NC
20,054 posts, read 18,282,893 times
Reputation: 3826
Quote:
Originally Posted by chickenfriedbananas View Post
I'm not saying it automatically *would* get you arrested in Maine; I'm saying it *would* get you arrested in many other places, and even in Maine, it *could* get you arrested. You're not obligated to talk, but an officer can get the information he wants one way or the other. Sorry, bro, I don't make the rules.
The city would probably have to pay up in such a case, or at minimum submit a written apology. It would depend on how vocal the citizen was in notifying the press and other area citizens. Police departments are notorious for buckling under public pressure, especially if the chief feels like his job is on the line.

Sorry, bro, I don't make the rules on how police officers get pwned in such cases. Just like they were in this video, and they had zero power to do anything other than "sorry, have a nice day". If they had any power, they would have compelled him to do otherwise. But, they didn't so there you go.

(In before "well, they just didn't feel like getting busy on his azz that day" BS)
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Old 06-27-2012, 07:15 PM
 
Location: Walton County, GA
1,242 posts, read 3,480,173 times
Reputation: 1049
Quote:
Originally Posted by chickenfriedbananas View Post
Or he could have confronted him, which he did, and which he has the legal authority to do.
The cop has the legal authority to make conversation with him. He tried to start that. Since there was no reason to legally detain, the cop DID in fact screw up by not letting the kid go when he asked if he was free to go. At that very point, after no reason to detain, the cop was required to give back the illegally seized gun back to him and let him go.


Quote:
Originally Posted by chickenfriedbananas
That reason could be nothing more than someone calling in a police officer and saying I think the guy in the car ahead of us, with license plate # ------- is possibly drunk. Why don't you check it out." That's it. Done. Cops can pull him over. They don't need any other reason. No different than this case. It's reasonable suspicion, which is different from probable cause. Reasonable suspicion means that there is reason to believe that you may have been involved in illegal activity. It may turn out that you're 100 percent clean. But responding to a public complaint or voice of concern is enough to get them involved -- every time. That's probably one reason why they record 911 calls, to document that they're not just making sh*t up.
There has to be some validity to the complaint. In EVERY call I've made to report a possible drunk driver, the cop ALWAYS followed until they had made an observation that would warrant a traffic stop.



Quote:
Originally Posted by chickenfriedbananas
They don't have to determine that you're breaking a law; they have to have reasonable suspicion that illegal activity has either occurred or may occur.
And what suspicion did they have here? Another citizen that is IGNORANT to the law thinks a man with a gun is a crime? This cop could have observed this kid as he approached, seen that everything was good, try to spark up a conversation to see if he can get info. And when the cop could not get consent to talk, the cop should have backed down immediately when the kid did not want to talk with him. Its that frigging simple.



Quote:
Originally Posted by chickenfriedbananas
They weren't breaking the law.
REALLY! To come up to me, ask for my gun to run a check on it and me. Yes, that was 100% illegal. Cops cant just demand stuff. Why would you think this is legal?


The Constitution is there to PROTECT us. The way its written, we should NEVER be pulled over, detained, questioned against our will if we are NOT breaking any laws. When a "concerned" ignorant citizen calls in a man with a gun, there is a process that needs to be followed. The officer can respond to a complaint, but CAN NOT violate the Constitutional rights of that suspect unless THAT OFFICER WITNESSES something that confirms what the caller complained about. That's part of the investigation process.

This is where police used conversation to try to get people to talk. And that's where we have the right to NOT TALK! Anything the cop does after that is starting to cross the line.
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