riverrat10k
Regular Member
Nice vid.
"Officer, no offense, I know you're just doing your job. But, I do not consent to an encounter with you." If he does not in fact have genuine RAS for detention (Terry v Ohio), that ends it right there. It can't possibly be a consensual encounter from that instant forward. This throws the whole onus on him to have genuine RAS if he wants to continue the encounter.
I was referring to me unable to carry on the school grounds, not the LEOs.But --
1) cops are "on duty" 24/7/365. Just ask them.
2) cops are exempt from GFSZ and state-law school prohibitions.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1
Yeps, the guy calmly jogging past the encounter didn't seem fazed at all.Namely, cops.
:banghead:
SNIP I wonder how the officer would have felt if the cameraman had said "Gee, officer, you wanna turn on your four-way flasher's or sumthin'? Parked on the side of the road like that you're a danger to traffic. I'd hate to see that nice, shiny car get scratched."
I've seen a few case summaries where cop car flashers were part of the discussion as to whether a seizure had occurred. Meaning, if the cop used the flashers it might have turned the encounter into a detention. So, I'm wondering if the cop left them off on purpose to avoid giving the impression to the OCer that he was being seized.
I think the kid in the video is an a**. I had THREE officers in two vehicles pull up to me about a week ago while I was putting gas in my bike.
"Good morning officer, something I can help you with?"
"Nope just checking out your ride, ride safe."
You know damn well they were not checking out my bike, not in two vehicles. But I didn't provoke them, and they didn't act like morons.
What happens to that kid if that cop is not a pro..or just someone having a bad day? Who knows but what what does that kid gain? Nothing.
Why risk so much to gain nothing?
I've seen a few case summaries where cop car flashers were part of the discussion as to whether a seizure had occurred. Meaning, if the cop used the flashers it might have turned the encounter into a detention. So, I'm wondering if the cop left them off on purpose to avoid giving the impression to the OCer that he was being seized.
I think the kid in the video is an a**. I had THREE officers in two vehicles pull up to me about a week ago while I was putting gas in my bike.
"Good morning officer, something I can help you with?"
"Nope just checking out your ride, ride safe."
You know damn well they were not checking out my bike, not in two vehicles. But I didn't provoke them, and they didn't act like morons.
What happens to that kid if that cop is not a pro..or just someone having a bad day? Who knows but what what does that kid gain? Nothing.
Why risk so much to gain nothing?
Haven't read all the comments, so I don't know if this has been mentioned or not, but I gotta give props to the officer for being cool with the guy despite the guy deliberately trying to get a reaction from him.
Haven't read all the comments, so I don't know if this has been mentioned or not, but I gotta give props to the officer for being cool with the guy despite the guy deliberately trying to get a reaction from him. Say what you want, but there are more polite ways to establish your right to remain silent, especially when the officer was as polite as he was. Guys like this, who walk around with a video camera recording while open carrying are doing nothing more than trying to get material to post on YouTube. I'm all for protecting our rights, and all for open carrying, but the day I go out with a video camera hoping to get stopped by a cop is the day I need to quit open carrying. I carry to defend myself, not to deliberately have confrontations with police officers. The guy, while completely within his right, was a dick. Again, I fully expect several on here to disagree with me, but I feel the guy could have handled it differently, but then again, that wouldn't have looked as "cool" on YouTube.
There was absolutely nothing wrong with what he did. He was simply exercising his right to not interact with the cop.
There was really no reason for the cop to get out of his car and start asking questions in the first place. At most, the cop(s) should have driven by and seen that it was just a guy legally OCing, and that should have been the end of it. The cop very clearly knew that the OC'r was doing nothing wrong, and he knew that he had no right or reason to legally detain the OC'r. The cop was attempting to initiate a "consensual" conversation, which almost assuredly would have been nothing but a lecture on how the OC'r was "scaring people." The OC'r didn't fall for it one bit.
There is no reason why someone legally going about there business should have to put up with being delayed for any amount of time just so that a cop can give them a lecture. By refusing to participate in the "consensual" conversation, the OC'r was able to continue on his way in a matter of seconds, rather than the minutes or longer that the cops might otherwise have dragged it out. Sure, there's more than one way that you can react if or when you are ever approached by a LEO, and if you are okay with going ahead and have a conversation with a cop, that's perfectly fine. However, some people prefer not to waist their valuable time being treated like criminals, so they choose not to interact.
As far as "gaining nothing" by "risking" coming across an unprofessional cop, there most certainly is something to gain. What you gain (or perhaps maintain) is your freedom. If you have to alter what you do, based on fear of a cop doing something illegal to you, them you have lost your freedom to do as you please within the bounds of the law. As the opencarry.org motto states: "A right unexercised is a right lost!"
I think that you are actually correct that there is somewhat of a "risk" that could be faced when confronted by some cops, and I believe that that is unacceptable. Any law enforcement officer who does not understand the basics of law, or who is unstable enough to react based on how they are feeling that day, should not be carrying a badge and a gun. And, in my opinion, the fact that this OC'r would "risk" coming across such a cop, while refusing to give up any of his rights to act as he wished within the law, shows courage. If more people would act like him, then maybe we would stand a chance of turning around the course of this this country, which seems to continue to be headed towards a even greater police-state.