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Exercising in a public park while armed = "Suspicious"

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
An offer to remove Plaza Security's employee Reid Hanna from the civil suit has been made and accepted. As part of the agreement, the exact nature of the payment must remain confidential upon a $100.oo penalty.

Now that it is part of discovery and the Gwinnett County defense attorney's are in possession, I can't see any reason not to release the audio of the incident.
(Note that the audio file is too large for Google Drive to check it for viruses, but it should offer the ability to download. File size should be just over 48k.)

AUDIO- Gary Pirkle Park 20APR12 (excluding first 20 minutes of heavy breathing).MP3

Awesome...I wish I could make this recording my ring tone.
 

smn

Regular Member
Joined
Apr 18, 2008
Messages
145
Location
, ,
It was seized immediately upon being detained by Officer Adam Bell, and then searched without my permission by Officer Rodney Dantzler. Confiscation officially occurred during the course of the arrest for "safe keeping".

I had to make two separate trips to retrieve my pistol and ammunition; apparently the Gwinett County police department is under the impression that people intent on nefarious deeds aren't capable of thinking ahead and bringing ammunition with them when they go to pick up firearms held for safe-keeping. One good thing came of it though, since I didn't immediately see the magazines included with the pistol and thinking they were with the ammunition, I went ahead and got two new magazines (something I had been planning on, but putting off.)

The settlement check arrived yesterday, I'll be putting a few dollars into getting the car repaired, some plumbing done, a new pair of shoes, and that new FN SCAR I've had my on is now easily affordable.
Engrave a pair of tactical socks on the SCAR grips.
 

osmanobma

Regular Member
Joined
Apr 15, 2012
Messages
52
Location
Missouri
it certainly didn't help that you were soo rude to the security officer. that could have went down a lot differently if you werent so confrontational and rude to the guard. He seemed like a nice guy, and he just wanted to know if it was legal or not.

it seems if you were respectful of the guy, and politely explained to him its legality. then he probably would have understood and left you alone. or maybe had a nice conversation about guns, and why you carry.

of course being rude isnt an excuse to lose your rights.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Had security guard Paul Hanna been respectful in the first place, perhaps asking "Is it legal to carry openly" instead of his accusatory opening of "I don't think you can" which implied I was a criminal then perhaps the company he works for wouldn't have had to make an offer to settle.
I'm not terribly fond of implications that my behavior is criminal. Don't make such implications and we'll get along famously.

The same goes for Officer Adam Garth Bell and the other responding officers, had they treated me with respect by a) not detaining me without cause, b) not either making misrepresentations of the law through ignorance or telling outright lies, c) not attempting to evade answering questions, or d) refusing to answer my questions then we wouldn't be where we are today. Treat me with respect and I'll do the same to you.
 
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self preservation

Regular Member
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Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
On the recording the officer keeps making the comment that this arrest was in "good faith" and the courts would back him on it. Is there anything to this "good faith" statement or was he just blowing smoke?
 

Fallschirjmäger

Active member
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Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
On the recording the officer keeps making the comment that this arrest was in "good faith" and the courts would back him on it. Is there anything to this "good faith" statement or was he just blowing smoke?
Corporal Kimsey's statements leave me somewhat confused as to exactly what his "good faith" was in reference to. At the time there wasn't any suspicion that I had been trespassed from the park (one will note that immediately after the "good faith" statement Corporal Kimsey left to speak with security guard Paul Hanna.) At the time the only thing I could be accused of and that the Supreme Court would agree I was doing was openly carrying a firearm. I'm not going to be the one to say I wasn't since I most certainly was carrying a firearm in an open and honest manner.

I also fully identified myself (not that it's required by state law, but you always want to be cooperative when you're surrounded by a half-dozen, nervous armed men) in a manner that the Supreme Court had no problem with in Hiible v Sixth Judicial District Court of Nevada.

Quoting from Wikipedia "In United States constitutional law, the good-faith exemption (also good-faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule.

The exemption allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith (bona fides) reliance upon a defective search warrant — that is, they had reason to believe their actions are legal (measured under the reasonable person test).

The rule was established in the two companion cases decided by the U.S. Supreme Court in 1984: United States v. Leon (468 U.S. 902) and Massachusetts v. Sheppard (468 U.S. 981). The exception permits the courts to consider the mental state of the police officer."


As Corporal Kimsey was not executing a search warrant, it is my gut feeling that Corporal Kimsey heard the phrase "good faith" during some training and latched on to it as a totem to excuse any less than exemplary conduct.
 
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Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
What in the f**k is "black police style socks"???????????? I have black socks that I wear to work. So am Iwearing "police socks"?? I also wear a pair of black boots...so are they "military" boots??

Yes and, yes.
Congratulations, you're now in the "suspicious person" category any time you go outside your house.
Here's a photo of the same clothes the short, dumpy dwarf was wearing at the time of the incident -
Suspiciousattire.jpg

dang fisheye makes me look two feet shorter, I'm really 4'6 not 3'6.
 

papa bear

Regular Member
Joined
Jul 25, 2010
Messages
2,222
Location
mayberry, nc
it certainly didn't help that you were soo rude to the security officer. that could have went down a lot differently if you werent so confrontational and rude to the guard. He seemed like a nice guy, and he just wanted to know if it was legal or not.

it seems if you were respectful of the guy, and politely explained to him its legality. then he probably would have understood and left you alone. or maybe had a nice conversation about guns, and why you carry.

of course being rude isnt an excuse to lose your rights.

the security guy did seem to be OK. but, he did call the police before he talked to the OP. if you listen to the call in tape he was asking if it was legal. i don't think he told them he needed them. but i could be wrong
 
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Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
696
Location
Utah
Yes and, yes.
Congratulations, you're now in the "suspicious person" category any time you go outside your house.
Here's a photo of the same clothes the short, dumpy dwarf was wearing at the time of the incident -
Suspiciousattire.jpg

dang fisheye makes me look two feet shorter, I'm really 4'6 not 3'6.

Do you have a federal license to be that short?



;)



(I say that in jest, as I am 5'2" and heavy as well)
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
On the recording the officer keeps making the comment that this arrest was in "good faith" and the courts would back him on it. Is there anything to this "good faith" statement or was he just blowing smoke?

That the officer knowingly was relying on the courts citing "good faith" as an excuse not to make sure he was acting appropriately is, in itself, bad faith!


Sent from my iPad using Tapatalk.

<o>
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Yes and, yes.
Congratulations, you're now in the "suspicious person" category any time you go outside your house.
Here's a photo of the same clothes the short, dumpy dwarf was wearing at the time of the incident -
Suspiciousattire.jpg

dang fisheye makes me look two feet shorter, I'm really 4'6 not 3'6.

Looks like a Zombie to me ... get 'em boys!
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Any updates on this?
It's slowly working its way through the court system.
A full accounting of all recordings, incident reports, nolle prosequi orders, etc. can be found on the first page in the ""Is it time for a walk in the park thread on GeorgiaPacking.com. The only things not posted there are things awaiting clearance.

Since I am firmly convinced my conduct was not only legal but completely aboveboard, I'm instituting a "Sunshine law" policy (which most lawyers do NOT recommend).
 

Right2BearFTW

Regular Member
Joined
Dec 17, 2012
Messages
30
Location
Missouri
It's slowly working its way through the court system.
A full accounting of all recordings, incident reports, nolle prosequi orders, etc. can be found on the first page in the ""Is it time for a walk in the park thread on GeorgiaPacking.com. The only things not posted there are things awaiting clearance.

Since I am firmly convinced my conduct was not only legal but completely aboveboard, I'm instituting a "Sunshine law" policy (which most lawyers do NOT recommend).

Well good luck! Keep us updated.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Update and news on the First Annual Gary Parkle Pirk Pro-Packing Picnic

Today, on the anniversary of the great 'trespassing arrest in Gary Pirkle Park', a dozen or so well armed men and women celebrated their freedoms and the right to keep and bear arms by having a friendly picnic at Gary Pirkle Park in Sugar Hill, Georgia.

The dozen openly carried pistols were apparently not sufficiently scary to the more than two dozen people celebrating a young boy's birthday party in the same outdoor pavilion to warrant a response from Sugar Hill's contracted security force. Neither were any of the estimated 100 other citizens in the city park alarmed enough to generate a response from the Gwinnett County Police Department's peace officers.


Given that a single man peaceably carrying a firearm led to a response by a full half dozen armed officers of the law this same time last year, I have to wonder....

Was a single man more terrifying than a dozen well armed people,
or
were a dozen armed citizens too terrifying for the police to respond to?



Or... possibly, did the arrest and subsequent civil rights suit have a positive effect on the Department?
 
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