• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Memorial Day Route 9 in central Connecticut University police open carry detainment

Good Citizen

Regular Member
Joined
Mar 11, 2011
Messages
104
Location
US
Approximately 40 min. ago I was stopped on Route 9 ID central Connecticut University police, the police officer said that I was brandishing a firearm I was riding a Harley-Davidson motorcycle with a tank top on. I was going approximately 65 miles an hour or whatever the speed limit happens to be on that road and he said that my firearm was not covered when I drove by him. He pulled me over and told me I was being detained, for brandishing a firearm. I gave him my registration for my motorcycle and my license, as he demanded it, he told me I was being pulled over for brandishing a firearm and demanded to see my permit and I told him he had no right to ask me for my permit because I was doing nothing illegal. Another officer pulled up and they held me for approximately 15 to 20 min., Illegally detaining me. They finally let me go and told me that I need to cover up my firearm that I cannot carry it open. my H&K firearm was returned. I told him as a former Marine he saw my Marine tattoo I was coming from the Iwo Jima Memorial to pay tribute to my fallen brothers, the forefathers of my training. One of the first things he said to me is you got a be a cop I said no I'm not a cop , at that point you could see his demeanor changed and he got really upset and I just Mykept my hands on the handlebar.


other than the initial interaction I shot the whole incident on my iPhone camera in crystal-clear clarity and them telling me that I need to cover-up and that I am breaking the law and they simply enforce the law I engaged him and said that you were not enforcing the law because you weren't there is no law saying I have to conceal, and I have the whole incident on my iPhone camera, asking him if he thought it was reasonable to stop me because my covers were flapping while riding a motorcycle in that is that even reasonable, and whether I was open carrying or close carrying was of no relevance because I can carry any which way I want.


I'm definitely pleading not guilty on this one!

I need some assistance in some recommendations to move forward with this this is definitely a huge problem I got stopped coming from Marine Monument, on Memorial Day because I was riding a motorcycle in the CCS you officer on the highway saw my firearm. I feel totally demeaned right now.
 
Last edited:

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
What statue did he cite you for...?

Normally for a ticket I would say to write the DA under CT Practice Book Rule 36-11 and ask for an information to replace the ticket ... but I would need to know the exact statue cited first before making such a recommendation here.
 
Last edited:

KIX

Regular Member
Joined
Jun 4, 2010
Messages
960
Location
, ,
Wait a minute........ sounds like you were in New Britain.

The only way to legally carry in New Britain is open carry.

We could use the video and officers name indeed.

Seems like they don't know New Britain code 16-80.

Jonathan
 

Good Citizen

Regular Member
Joined
Mar 11, 2011
Messages
104
Location
US
Wait a minute........ sounds like you were in New Britain.

The only way to legally carry in New Britain is open carry.

We could use the video and officers name indeed.

Seems like they don't know New Britain code 16-80.

Jonathan

I definitely was in New Britain, I was en route 9 All the Way down near the Stanley Street exit 28 (according to the ticket), or the one that leads to Stanley Street or if you take a left your at the police department. I don't know why central Connecticut campus officers pulled me over that far down, I was never on the campus. The video clearly indicates that they said they got me for brandishing and I need to cover up my firearm and I was in the town of New Britain. He gave me a $75 infraction for failure to carry pistol or revolver permit, (note he did not write concealed on it). He did not clearly write his name he wrote a one letter initial the shield number appears to be 48 of central Connecticut state University police.

ticket for 29.35 b $75.00 fee this dude wrote totally unledgable.

I had my permit it was an un lawful terry stop, i was told i was being detaied and he took my firearm from me berfore even asking if i had a permit, as soon i i answered im not a cop


What should I foia: Any Suggestions would be appreaciated!

any radio or phone transmissions
any vidio or audio, from the crusier, if applicable
any field notes
any report if generated

It's Paperwork time and i dont want to sleep on this! I want to esclate ASAP. Internal exteranl what ever, i think the photage is good, i not a pro but i was asertaive about telling them about my right and they were not enforcing any law, I think they got it as i drove off open OC and they dident do anything.
 
Last edited:

KIX

Regular Member
Joined
Jun 4, 2010
Messages
960
Location
, ,
Since you have a charge pending, I would make the recommendation that this be done in private.

Absolutely. No need to tip your hat this early in public while the charges are pending.

Jonathan
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Being charged with:

Sec. 29-35. Carrying of pistol or revolver without permit prohibited. Exceptions. ...

(b) The holder of a permit issued pursuant to section 29-28 shall carry such permit upon one's person while carrying such pistol or revolver.

So, the only question here is one of law: does he have the right to demand to see your permit?
If so, he wins
If not, then the OP will have to prove he had his permit on him??

If the right to see the permit does not exist then I would ask for an information or complaint to replace the ticket...under CT Practice Rule 36-11, shown below


Sec. 36-11. Information and Complaint; Use
All felonies shall be prosecuted by information.
All misdemeanors, violations, and infractions shall
be prosecuted by information or complaint. In all
jury cases, and in all other cases on written
request of the defendant, the prosecuting authority
as of course shall issue an information in place
of the uniform summons and complaint.
(P.B. 1978-1997, Sec. 616.)

One should note that FOIA cannot be used to get discovery done ... you can do a FOIA request for documents outside your case though, generally available to the public.
 
Last edited:

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
any radio or phone transmissions
any vidio or audio, from the crusier, if applicable
any field notes
any report if generated

Don't waste your time with a FOIA request for the above items ... you will get none of them ... via a FOIA request in this state.

See 1-210(b)...


And the OP should stop posting on a public forum .. enough info is here to ID him...
 
Last edited:

KIX

Regular Member
Joined
Jun 4, 2010
Messages
960
Location
, ,
Did they pass the bill this year where you can tape the police w/o their consent? OP may have bigger problems with the taping if not.

There was a bill to make it legal by matter of law..... I don't recall if that passed or not.

But, either way, what law said a citizen couldn't?

Jonathan
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
It was never against the law in the first place.

Yes, I have looked at CT law and it appears as if it only applies to telephonic call recordings ...

In respect to a FOIA request for information (dashcam etc) I believe that I am still correct:

from:

http://scholar.google.com/scholar_c...ation+act+request+commission&hl=en&as_sdt=4,7

Our Supreme Court previously analyzed an earlier version of § 1-19b (b) (1) that precluded any disclosure 17*17 pursuant to the act that would affect the discovery rights of litigants. In Gifford v. Freedom of Information Commission, supra, 227 Conn. 663-65, our Supreme Court held that an arrest report did not have to be disclosed to the public, pursuant to the act, while criminal prosecution relating to that arrest report was pending. It found that disclosure of the arrest report would expand the rights of the defendant under the laws of discovery and thereby "would affect the rights of litigants under the laws of discovery...." (Emphasis added.) Id., 663-64.
 
Last edited:

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I am not aware of any news yet. No court yet.

If he filed a 36-11 request for an information to replace the ticket then a DA must review it & a DA would likely just drop the charge .. or issue one of those noi porissquilli (sp?) letters (ie we don't want to prosecute letter).

I wonder if a permit revocation has occurred yet ... if this happens then it would be the last straw for me -- I would file a claim with the claims commissioner to ask for permission to sue the state.
 
Top