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OK.. who is this :D

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
"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.

This would have been a much better way to handle it.
 

Felix

Regular Member
Joined
Jan 30, 2011
Messages
186
Location
VA
Where are all those people who were being 'freaked out?'

Agree w/ProShooter (@This would have been a much better way to handle it).
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
You're Freaking People Out!
Namely, cops.

:banghead:
Yeps, the guy calmly jogging past the encounter didn't seem fazed at all.

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."
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
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.
 

PeteXD

Regular Member
Joined
Jun 17, 2009
Messages
87
Location
Arlington, Virginia, USA
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.

Most newer lightbar systems for police cars come with the option to turn just the rear facing lights on. The cop could have done that for the safety of his car...
 

Recon by Fire

Regular Member
Joined
Apr 9, 2012
Messages
11
Location
Stafford
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?
 

VApatriot

Regular Member
Joined
May 8, 2006
Messages
998
Location
Burke/Blacksburg, Virginia, USA
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?

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.
 
Last edited:

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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.


No, I am not going to provide citations. User, Citizen and Dreamer are the gurus on the subject. But I have never heard or read anything where a LEO was required to turn on his 4-way flashers, his overheads, or actually say the words "You are under arrest/You are being detained" for it to be a perfectly recognizable by SCOTUS arrest/detention. As a matter of fact, tone of voice is enough.

We are always going to have a difference of opinion about when, where and how to assert that we do not surrender our rights just because someone wants us to do so for their convenience, and the discussion usually gets rather heated when the person wanting us to surrender our rights is doing so under the color of law (which does not always require them to have a uniform or a badge or even a paycheck directly from some .gov entity.) The point is, I hope, that by whatever means we resist the attempt to make us surrender our rights, we do in fact resist in a lawful manner.

stay safe.
 

Medic1210

Regular Member
Joined
Feb 3, 2012
Messages
298
Location
Rockingham, NC
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.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
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?

A whole three posts and the NOVA's coming out already.

What did he gain?
Pride, self respect, freedom, independence, dignity...to name a few.
 

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
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.

LOL!!! Statist saying of the year!!! Remaining silent is now "deliberately trying to get a reaction."

That's kind of like saying "by not participating in interstate commerce, you are participating in it." FDR and other big-government, Constitution-bending heroes will greet you in Welfarehalla when you pass on...
 

riverrat10k

Regular Member
Joined
Aug 24, 2008
Messages
1,472
Location
on a rock in the james river
VAPatriot:

"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!"



++++++1

Man in black also. Classic line.

"Remaining silent is now "deliberately trying to get a reaction."

That's kind of like saying "by not participating in interstate commerce, you are participating in it."


Wonderful to both of you!
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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.

It is not "cool" or "polite" to push the line on violating my rights under color of law.

I carrying a recorder and a mini video cam - am I therefore suspect of only wanting to post on YouTube?
The young man did nothing wrong other than not making the officer happy - oh well.

Never look down on the activists that promote and defend your rights - thank them for the freedom you are able to enjoy. Giving in accomplishes absolutely nothing.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
Just to point out the obvious for those who haven't seen it yet...

This encounter "went south" at the very beginning, when the dispatcher failed to ask the caller such questions as, "is the person's gun in a holster?" or, "is the person engaged in any threatening motions or activities with the gun?" before sending the nearest LEO to "investigate."

Or... if there was no call, then it "went south" as soon as the LEO decided to confront the apparently Law Abiding Citizen for no reason whatsoever.

TFred
 

Red Dawg

Regular Member
Joined
Dec 29, 2010
Messages
399
Location
Eastern VA, with too many people
1A, 2A, 5A. Why is it hard for people to understand. He was just exercising those three rights. He was within all laws, and within his rights to be there, the way he was, and to say what he wished, he was allowed by law and right to have his handgun, and when appraoched for no good reason, he was within his right to not say a dad gum thing. There is no reason to call anyone an a#$, a jerk, or any other derogatory name. He may not be the next Patrick Henry, but he is doing more for freedom than alot of people.
 

Walt_Kowalski

Regular Member
Joined
Mar 31, 2010
Messages
354
Location
Ashburn, Virginia, USA
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.

If you ask me, this should have been vetted at the caller level...

"911 whats your emergency?", Operator.

"Hi, umm.. there is a guy walking down the street with a gun.", Sheeple

"What is he doing? Is he threatening anyone with it?", Operator.

"No.. its in a holster on his side. I can see it.", Sheeple

"So he is walking with a holstered firearm?", Operator.

"Yes", Sheeple

"Open carry is legal in Virginia. You have the right to carry a firearm openly in this state. Thanks for calling and have a nice day.", Operator.
 
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