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Exercising in a public park while armed = "Suspicious"

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
This is an "in progress" issue, so I can't comment all that much, but I can provide the basics and any publicly available information.

Basically, I've been walking in one of two parks that are closest to my house for exercise over the last year or so, (I was walking on Corps of Engineer property that's even closer but after meeting an oddly acting person in a remote area, I no longer feel safe on CoE land.) Last week in the first part of my hourly walk, I was approached by a security guard who noticed that I "had a firearm on my side" and thought it was against the law. My correction of his perception was not taken to heart and I was told to leave the park for 'rudeness' and because I was armed. On my way out of the park, we encountered county police officers who immediately detained me, demanded identification, searched my person, seized and searched my firearm, and then when there was no probable cause to hold me, consulted with the guard and cited me for 'criminal trespass'. I was booked and spent 12+ hours in jail until I could be bonded out.
I gotta tell ya.... avoid the 'mystery meat', it took hours if not days to rid my sensitive, refined palate of that torturous fare.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
This is an "in progress" issue, so I can't comment all that much, but I can provide the basics and any publicly available information.

Basically, I've been walking in one of two parks that are closest to my house for exercise over the last year or so, (I was walking on Corps of Engineer property that's even closer but after meeting an oddly acting person in a remote area, I no longer feel safe on CoE land.) Last week in the first part of my hourly walk, I was approached by a security guard who noticed that I "had a firearm on my side" and thought it was against the law. My correction of his perception was not taken to heart and I was told to leave the park for 'rudeness' and because I was armed. On my way out of the park, we encountered county police officers who immediately detained me, demanded identification, searched my person, seized and searched my firearm, and then when there was no probable cause to hold me, consulted with the guard and cited me for 'criminal trespass'. I was booked and spent 12+ hours in jail until I could be bonded out.
I gotta tell ya.... avoid the 'mystery meat', it took hours if not days to rid my sensitive, refined palate of that torturous fare.

Damn dude. Sound to me like you got a big case of false arrest. But I am not familiar with your state laws on the matter. You would in my state. How can they arrest you for trespass when you were complying with the order to leave? Hope you have an attorney. Good luck!
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Ofc A.B.: How’s everything
Fallschirmjäger: ‘Morning.

Ofc A.B.: Hey, sir, I need you to get off the phone, you can call them back.
Fallschirmjäger: (to Sam on phone) I’ve got to go, I’m being detained by Ofc A.B..

Ofc A.B.: Do you have any I.D. on you?
Fallschirmjäger: Am I being detained?
Ofc A.B.: What’s that? Yeah, you’re being detained. Do you have any ID on you?

Guy's NASCAR fast, from "How ya doin?" to "You are being detained" in a minute, twelve seconds. Gonna be interesting to hear him articulate his suspicion and reason to detain based on what he was able to see, hear, smell, taste, or otherwise observe in that short of a time.
 

badey

Regular Member
Joined
Mar 9, 2012
Messages
86
Location
Pennsylvania
Sorry for your experience. I thought that in Georgia you could only be charged with trespassing if you refuse to leave after being asked. Did they keep your firearm?
 

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
Really sorry to hear about your encounter, Fallschirmjager, but I am heartened that a recorder may/may not have been present. ;)

Please keep us posted when you can, good luck with everything, and please let us know if we can help.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
Fallschirmjäger:

Georgia Law 16-11-126(g) AND 16-11-173(b)(1) Work together in Tandem to Preclude Local Governments from Regulating Park Carry.

Additionally, Case law under Georgia Carry Organization vs. Coweta County 288 Ga. App. 748 Confirms My Aforementioned Statement.

United States Federal Law was Amended under The United States Credit Card Act to Authorize Federal Park Carry and Federal Forest Carry as well!

aadvark

*** HOWEVER, it is still Illegal to Carry ANY Firearm on Army Corps of Engineers Land, or any Projects undertaken by Them, as The Army Corps of Engineers Property was Unaffected by The Credit Card Act, BUT there is a Piece of Federal Legislation Pending that would Correct that: http://thomas.loc.gov/cgi-bin/query/z?c112:S.1588: ***
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
Fallschirmjäger:

I Know now that This Issue Happened in Gwinnett County, Georgia.

The Atlanta Journal Constitution Ran The Story.

Gwinnett County Amended Their Law in Response to a Georgia Carry Lawsuit.

The Documents are Viewable here: http://www.georgiacarry.org/cms/category/action-items/gwinnett-county-issues/

..., and Their Ordinance Amendment Ordinance is Viewable here: http://www.georgiacarry.com/county/gwinnett_parks/Gwinnett Ordinance Amendment.pdf

..., and here: http://www.georgiacarry.com/county/gwinnett_parks/Gwinnett Letter.pdf

aadvark

*** Moreover..., if Governor Nathan Deal Signs Senate Bill 432 into Law..., then, Gwinnett County will NOT be able to Restrict Knives in Their Public Parks either! Senate Bill 432, as Passed in 2012, is Viewable here: http://www1.legis.ga.gov/legis/2011_12/fulltext/sb432.htm ***
 
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decklin

Regular Member
Joined
Sep 2, 2011
Messages
758
Location
Pacific, WA
I can neither confirm nor deny the presence of a Sony ICD-PX312 recorder that may or may not have recorded any statements that may or may not have been made over a 55m:16s time period.

Good for you! This just settled it. I am buying recorders for me and my wife today. As if what happened to SVG wasn't reason enough! Good Luck!
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Yep, they even spelled the name correctly... which honestly surprises me sometimes.

Remember please, that the interview was done telephonically, and you shouldn't really expect perfect recall, nor 100% accurate quotations when someone is balancing a handset, typing, and carrying on a conversation all at the same time. There are a few inaccuracies, but nothing that could be characterized as a deliberate misquote, Ms Cook did a professional job within those limitations.
 
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Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Good for you! This just settled it. I am buying recorders for me and my wife today. As if what happened to SVG wasn't reason enough! Good Luck!

I recommend taking a pocket knife sheath, magazine carrier, or whatever your favorite method of carrying the recorder with you to the store and trying various models to see if they fit. I had a recorder once that fit perfectly in a magazine carrier... wish I knew where it was now.
 

WCrawford

Regular Member
Joined
Dec 8, 2007
Messages
592
Location
Nashville, Tennessee, United States
Yep, they even spelled the name correctly... which honestly surprises me sometimes.

Remember please, that the interview was done telephonically, and you shouldn't really expect perfect recall, nor 100% accurate quotations when someone is balancing a handset, typing, and carrying on a conversation all at the same time. There are a few inaccuracies, but nothing that could be characterized as a deliberate misquote, Ms Cook did a professional job within those limitations.

Nothing in the article particularly bothers me. The comments are both saddening and heartening.


Sent from my M865 using Tapatalk 2
 

Baked on Grease

Regular Member
Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
Wow, I'll pray this turns out well for you. If you need defense funds I am sure alot of us will gladly step up. Looks like the LEO did just about everything wrong.

Assuming the guard did have the authority to toss you out, did the police stop you just inside the park lines, and thats why they cited you? The guard told you to leave and technically you didn't... because the police held you there. If this is true could you not go after them for entrapment too?

If I am wrong, I will gladly accept the criticism, but if I am right I don't expect an answer if that would endanger your case.

Sent from my SCH-I800 using Tapatalk 2
 
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