In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
Open Carry stop- This is how it should be handled
bilgerat57
Member Posts: 20 ✭✭
http://youtu.be/ZFzH5Oe-YL4This is one cool officer! [^]
You can't help but smile. He keeps his cool and sense of humor. By the time it's all done, the citizen looks like a little bit of a jerk, but there's not a single thing he can complain about.
Comments
The man was NOT a jerk. He simply asserted his fundamental rights calmly and in a non-confrontational manner.
The only good thing I will say about the officer is that he realized he had passed the limits of any reasonable police contact and he deescalated and wisely withdrew whilst displaying a good sense of humor.
Listen closely. The officer tells the man, while still approaching, that they were getting calls about a man walking around with a gun. That was the lawful reason for the approach and subsequent field interview. The officer went out of his way to explain what was happening and why. He was courteous and professional. What more could you want?
Listen to this carefully.
If it is lawful to openly carry in Oceanside, then someone or multiple someones calling in about a legal activity is not sufficient reason to do more than drive by to see if the 'man reported' is doing anything other than walking around with a gun, which seems to be perfectly legal.
Now you can refer back to my previous post for the remainder of the commentary.
His 'explanations' for physical contact and a search of personal property are not justification for an otherwise unjustified intrusive contact. All they show is a gift of gab and a personality.
I would 'want' nothing at all but to be left alone, absent some suspicious or bad-act that I was committing.
How about that? Crazy, huh?
But Jeff, the citizens was askeered, the poe-leece had to do somethin.[;)]
Yep, that is the underlying story.
Always amuses me when there is the rare video example of an officer being personable and witty, yet still being predatory or intrusive in his/her actions, and the officer is held up as some heroic figure that all cops should emulate.
The fact that officer-witty deescalated and disengaged before bulling forward any further into unconstitutional/unlawful territory, is not relevant.
http://www.mrctv.org/2010/09/man-detained-by-police-for-open-carry/
An excellent audio of how the police act/react when 'someone' calls or reports what is the lawful action of simply carrying a firearm.
This young man sticks to his guns and refuses to be cowed or coerced into cooperating and/or providing information 'just because' someone called and the 'police responded'.
No bad-act, illegal or suspicious action = no lawful reason for police to question or detain.
This incident prompted the entire State of Maine to retrain its police on what their lawful authority is in such matters.
Kudos to the lad. [:)]
The dispatcher or whoever takes the calls should inform the "public" that OC is legal and they should mind their own business.
Some dispatchers/call takers are simply not allowed to "inform the public." They are required to take the call and send an officer.
Your local PD may actually have openings for dispatcher trainees. Go for it.
I know a few of the dispatchers at the local level and I doubt they would expend the effort to make ANY explanations beyond the minimum requirement. They're generally a low output bunch who don't want a job unless it involves a chair. They DO want to have their nose in everyone elses' business and that's one big reason they are in the 911 office.
quote:Originally posted by bilgerat57
Listen closely. The officer tells the man, while still approaching, that they were getting calls about a man walking around with a gun. That was the lawful reason for the approach and subsequent field interview. The officer went out of his way to explain what was happening and why. He was courteous and professional. What more could you want?
Listen to this carefully.
If it is lawful to openly carry in Oceanside, then someone or multiple someones calling in about a legal activity is not sufficient reason to do more than drive by to see if the 'man reported' is doing anything other than walking around with a gun, which seems to be perfectly legal.
Now you can refer back to my previous post for the remainder of the commentary.
His 'explanations' for physical contact and a search of personal property are not justification for an otherwise unjustified intrusive contact. All they show is a gift of gab and a personality.
I would 'want' nothing at all but to be left alone, absent some suspicious or bad-act that I was committing.
How about that? Crazy, huh?
+500[:)]
The citizen informs the cop he does not consent to a search, will not resist any attempt and then is searched. Didn't the cop just blatantly violate the citizen's rights and at the same time open himself up to a slam dunk law suit?
What about this open carry stop?
The citizen informs the cop he does not consent to a search, will not resist any attempt and then is searched. Didn't the cop just blatantly violate the citizen's rights and at the same time open himself up to a slam dunk law suit?
I've seen that before.
Because none of the officers threw him down or held him at gunpoint, I have seen it opined that this is a glowing example of the glories and proper actions of 'LEO-ness'.
I disagree.
The 'stop and benignly harass' on display is repugnant to the principles of our founding, it is repugnant to Amendment II, it is repugnant to Amendment IV and it is an affront to freedom of movement/travel.
Nothing about it was related to keeping the peace. The original deputies knew him well and that he open carried and that he 'obeyed the law', yet they continue to stop and harass.
Six (6) cop cars from two agencies in the span of minutes, over a legal activity.
Nice...
I have no idea what the laws of the people's republic of commiefornia are, but I expect that those laws empower their 'LEOs' to act in such a manner under 'color of law', despite the whole pathetic spectacle being repugnant to everything that this Republic was founded to secure.