Arrested last night

BB62 · Sep 2, 2012

KYGlockster said:
...A prosecutor would be a fool to actually attempt to prosecute this.

Yeah, but what's it going to cost the OP to get to the dismissal stage?

I've seen repeated examples of a prosecutor running someone through "the system" just to show who's boss.

And the individual's recourse? LOL!

hotrod · Sep 2, 2012

CharleyCherokee said:
This is direct quotation from the uniform citation:

Above came through a traffic safety checkpoint at the Ledbetter bridge. Above had a handgun in plain view on the center console. Above was then ordered out of the vehicle to secure the weapon. Above was then directed to a secondary location to continue checking the vehicle. Above was upset with this and was speaking to Lt. White, U/100. Above squared off against him and pointed his finger in Lt. White's face placing Lt. White in reasonable apprehension of imminent physical injury. Above was then told to put his hands on the car. He continued to be argumentative and irate. Above was placed in handcuffs for safety. Above was told that he was detained and continued to argue in public in a loud manner that he was arrested. Above was creating public alarm which served no legitimate purpose.

My problem is how are they going to explain why the secondary stop AFTER they seized a legal weapon. At a DUI checkpoint it is just that, a DUI checkpoint. If the subject does not meet certain criteria, he is to be allowed to proceed. A handgun in plain view is not RAS of anything. It is legal to carry and no reason to secure, detain or arrest. When you were ordered out, you were detained, again for what? I can not wrap my head around the arrest based on the complaint. Unless you were threatening to kick Lt. Whites backside how can they determined you sqaured off. I think this was a contempt of a state police officer complaint and nothing more. It is not illegal to be argumentative and irate.

jaymack · Sep 2, 2012

What a shame

I hate to hear this... especially this close to home. Luckily I live under the control of the adjacent KSP post. It looks like the bridge is a popular spot!
http://crittendenpress.blogspot.com/2012/08/more-than-1000-motorists-cited-at-bridge.html
Brent White used to be a squared away trooper and a heck of a nice guy off duty. KSP was clearly in the wrong.

garyh9900 · Sep 2, 2012

Also remember the custodian of KSP records is in Frankfort. That is where you request will go, then they will gather the information from the post and send it to you.

self preservation · Sep 2, 2012

CharleyCherokee said:
I need to file FOIA requests, but I really have no idea how to do that stuff.

What these guys are telling you is correct...BUT I would call KSP first to see if they have their own FOIA form. I filed a FOIA with Mt. Sterling PD and Montgomery Co 911 and my self typed letter wasn't good enough for them.

I had to fill out their FOIA form before they would release the information that I was requesting. Just hate for you to have to re-do your request.

Grapeshot · Sep 2, 2012

self preservation said:
What these guys are telling you is correct...BUT I would call KSP first to see if they have their own FOIA form. I filed a FOIA with Mt. Sterling PD and Montgomery Co 911 and my self typed letter wasn't good enough for them.

I had to fill out their FOIA form before they would release the information that I was requesting. Just hate for you to have to re-do your request.

Suspect that that requirement was extra-legal and perhaps designed to cause some to not follow through. Can find no statutory requirement for a specific format.
http://sunshinereview.org/index.php/Requesting_copies_of_public_records

MKEgal · Sep 2, 2012

Baked on Grease said:
Where's Skid?... he knows all about finger pointing.

That was my thought too. Him & User.
Apparently it's a common misconception among various LEO & wannabes that fingers are deadly threats.

self preservation · Sep 2, 2012

Grapeshot said:
Suspect that that requirement was extra-legal and perhaps designed to cause some to not follow through. Can find no statutory requirement for a specific format.
http://sunshinereview.org/index.php/Requesting_copies_of_public_records

I'm sure the good ole fashion "do it yourself" request is fine and legal. But for some reason they sent it back to me along with their paperwork for me to submit again. Didn't stop me from asking again though.

skidmark · Sep 2, 2012

I would dearly love to point out the many violations of statute and Constitutional right, but I am afraid for my life that others have already done so.

The big question is, did you point your finger at him or did you poke it towards him? And was your hand making a "gun shape" gesture when you did that?

I am seriously considering reverting to the things I learned as a child touring Europe - such as pointing with the longest finger.

stay safe.

garyh9900 · Sep 2, 2012

self preservation said:
What these guys are telling you is correct...BUT I would call KSP first to see if they have their own FOIA form. I filed a FOIA with Mt. Sterling PD and Montgomery Co 911 and my self typed letter wasn't good enough for them.

I had to fill out their FOIA form before they would release the information that I was requesting. Just hate for you to have to re-do your request.

Actually they cannot require to use your own form. A letter or request satisfying the parts required by KRS is sufficient to request public records and they must respond to it within 3 business days. But to save you the trouble of writing something out, KSP does have a request form on their website.

MrOverlay · Sep 2, 2012

KYGlockster said:
Wow! There are so many rights violations here you will have no problem having this thrown out. I am curious as to why they charged you if you were in YOUR vehicle? If you would, PM me with details. This is insane! I find it odd this has now happened twice in a couple of weeks. These charges are false and numerous rights were violated; they charged you with 2 statutes that you were not violating! You will need a good lawyer that knows the law and constitutional aspects concerning firearms IF this doesn't get thrown out! PM me their reasoning for the charges and what happened and I will help any way I can.

Here is something you might want to get started, and this will help you understand what will happen: KRS 15.520 Complaints against police officers -- Manner of investigation and hearing.

KSP operate under Chapter 16. The above KRS is for other police agencies unless something has changed.

garyh9900 · Sep 3, 2012

MrOverlay said:
KSP operate under Chapter 16. The above KRS is for other police agencies unless something has changed.

If you want to complain about a trooper, you need to contact the internal affairs branch. Speak with Sgt. Donald Wilson, he is a supervisor up there. He is a good guy and a good trooper.

DKSuddeth · Sep 3, 2012

KYGlockster said:
DA: Is it true it was your illegal actions that made Mr._______ express his grievances concerning your actions, and without your illegal actions and detainment and search, this never would have happened?
Officer: UUUhhh OOOHhh.
DA: Tells the jury that Mr.______'s actions were not a violation of law, but rather PROTECTED actions under the First Amendment, and that it was the officers illegal and unconstitutional actions that made him redress his grievances. And I am sure he will have nothing more to ask!

Open and closed! A prosecutor would be a fool to actually attempt to prosecute this.

I don't know how the people in Kentucky are, but I'd be afraid of any jury hashing out this issue just because so many people are brainwashed in to just doing what they are told and not arguing with cops.

ZXguy · Sep 3, 2012

DKSuddeth said:
I don't know how the people in Kentucky are, but I'd be afraid of any jury hashing out this issue just because so many people are brainwashed in to just doing what they are told and not arguing with cops.

Unfortunately, I'd have to agree with you.

CharleyCherokee · Sep 20, 2012

Well. It's no surprise, but the KSP denied the FOIA request. All of it. Motion has been made for discovery, and the pretrial date is Sept. 27 at 9 a.m. I'm fairly certain this will be going to trial.

self preservation · Sep 20, 2012

CharleyCherokee said:
Well. It's no surprise, but the KSP denied the FOIA request. All of it. Motion has been made for discovery, and the pretrial date is Sept. 27 at 9 a.m. I'm fairly certain this will be going to trial.

Did they say that they couldn't release it because "this case is still open???" I'm just curious, do you have an attorney? I assume that since a motion for discovery has been made then the answer is yes.

CharleyCherokee · Sep 20, 2012

That is correct. They denied the FOIA request because of the pending case.

09jisaac · Sep 20, 2012

CharleyCherokee said:
Well. It's no surprise, but the KSP denied the FOIA request. All of it. Motion has been made for discovery, and the pretrial date is Sept. 27 at 9 a.m. I'm fairly certain this will be going to trial.

Can you post their reply or do you think that you shouldn't discuss it much on an open forum? They should, included in their reply, give you a reason (exact KRS) why they cannot/will not give you the information you requested.

BB62 · Sep 20, 2012

CharleyCherokee said:
That is correct. They denied the FOIA request because of the pending case.

Just to clarify, FOIA (Freedom Of Information Act) is a request for Federal information - an open records request (Ohio) or the KY equivalent is for state or lower level governmental entity information requests.

davidmcbeth · Sep 21, 2012

CharleyCherokee said:
I need to file FOIA requests, but I really have no idea how to do that stuff. I realize I should probably just do a google search and try to figure it out myself, but I would appreciate a walkthrough or being pointed to one for getting the information that I require. Currently I'm having trouble focusing on the task at hand, because even though I know the charges are bogus I'm well aware that court can be little more than a crap shoot at times. I will post the text of their complaint when I get back home for those that are curious.

You should check you state's foia laws ... if you have a pending case then it may kapoot any foia request as it may interfere with discovery ...

Arrested last night

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