tCan
Regular Member
I'd like to share with your my encounter with the police in May. This is the first time I have shared all the details. I have left nothing out. This occurred in the City of Charlotte:
At about 4:15 PM on Friday May 25th, 2012 I left my apartment located at [redacted] decided to go for a walk. The weather was in the high 80’s and sunny. I had spent the day thus far inside and was looking for an excuse to get outside. I had not verified for myself whether or not the right to bear arms was respected in my local and as an advocate that citizens and those around them are safer when armed (substantial evidence supports this point of view), I saw this as good opportunity to do just that. Without owning a handgun, I am relegated to my rifle, and so I slung my Marlin 60 across my back and headed outside. The scabbard that I was using to carry my rifle covers the firearm up to and a little past the wrist of the stock.
Living near a university, care must be taken to avoid campus property, as it is a violation of state law to go onto educational property with a firearm. Aware of this I made sure that my route always had me on a side of the road opposite campus property. I walked down [redacted] Drive, took a left on [redacted] Rd, and a left again on [redacted]. Several police units passed me by in that time without so much as slowing down, including a State Trooper. I did not stop to talk to anyone along the way.
Just as I completed the second mile of my walk, a few minutes after 5PM, I was approaching the shopping center where the Food Lion is located. At this time, I heard from about my 7 o’clock position, someone call out to me. I turned and saw a motorcycle officer and asked him “Is there a problem officer?” Several other units were also arriving. Ignoring my question, he told me to put my hands up. He was still several paces away at the curb. I asked again, “Is there is a problem officer?” Again ignoring me, he rushed forward, grabbed my arm, and pulled it behind my back. Shocked and startled, I turned my torso, my feet staying more or less in place to face the officer and asked in an alarmed tone “What are you doing!” several times.
Without being told that I was under arrest, I was relieved of my rifle, and my pockets were searched, illegally. I told the officers “I do not consent to any searches”. At one point in time an officer must have told me that I was not arrested because I distinctly recall saying, “Sir, I am seized, I have been arrested!” If in fact CMPD holds that I was not arrested at that time, and I was simply detained, the search of my pockets is highly illegal, as Terry v Ohio tells us only a pat down is allowed in those circumstances.
It is difficult to remember the exact verbiage, but I told the officers while they were searching me that it is my right, protected under the constitution to bear arms and that what they were doing to me was highly illegal. Realizing that the officers would not heed my warning, I cursed at them. As they were searching me, the officers claimed that I smelled of marijuana. The claim is ridiculous. I do not smoke marijuana, I was freshly showered and my clothes were recently laundered. Their search, including within my shoes, yielded no marijuana or paraphernalia. If in fact the officers did smell weed, it would have been from a passing car or some other source. I believe there was in also a floral bed on the corner where we were standing. Perhaps this is what they smelled.
When asked “What is your plan with this rifle?” I took this as a slight, insinuating that my intention was to kill people. I told the officer “there is no plan” I was merely exercising my right to bear.
I had attempted to retrieve my phone to audio record the encounter, but it was pulled from my hand and confiscated. My rifle, wallet, keys, and phone were taken and shortly thereafter I was placed in the back of the squad car. I asked for a sergeant or superior officer to appear, but one of arresting officers scrunched their face at me and shook their head no.
I baked there for about an hour. I saw my rifle being moved from car to car, usually handled and in an unsafe manner (I could see that the retention clip of the scabbard was not secured about my rifle and the scabbard was held almost upside down at several points, putting my rifle at severe risk of being spilled on the road).
Before being placed in the car, it should be noted that the entire time I was facing the same direction and never moved from where I was standing. I was charged with Going Armed To The Terror of the People and Resisting Arrest.
Many months later, we reached an agreement with the DA. The gun would be destroyed and the charges dropped. I took the deal. I feel robbed. The video of the incident was never produced.
At about 4:15 PM on Friday May 25th, 2012 I left my apartment located at [redacted] decided to go for a walk. The weather was in the high 80’s and sunny. I had spent the day thus far inside and was looking for an excuse to get outside. I had not verified for myself whether or not the right to bear arms was respected in my local and as an advocate that citizens and those around them are safer when armed (substantial evidence supports this point of view), I saw this as good opportunity to do just that. Without owning a handgun, I am relegated to my rifle, and so I slung my Marlin 60 across my back and headed outside. The scabbard that I was using to carry my rifle covers the firearm up to and a little past the wrist of the stock.
Living near a university, care must be taken to avoid campus property, as it is a violation of state law to go onto educational property with a firearm. Aware of this I made sure that my route always had me on a side of the road opposite campus property. I walked down [redacted] Drive, took a left on [redacted] Rd, and a left again on [redacted]. Several police units passed me by in that time without so much as slowing down, including a State Trooper. I did not stop to talk to anyone along the way.
Just as I completed the second mile of my walk, a few minutes after 5PM, I was approaching the shopping center where the Food Lion is located. At this time, I heard from about my 7 o’clock position, someone call out to me. I turned and saw a motorcycle officer and asked him “Is there a problem officer?” Several other units were also arriving. Ignoring my question, he told me to put my hands up. He was still several paces away at the curb. I asked again, “Is there is a problem officer?” Again ignoring me, he rushed forward, grabbed my arm, and pulled it behind my back. Shocked and startled, I turned my torso, my feet staying more or less in place to face the officer and asked in an alarmed tone “What are you doing!” several times.
Without being told that I was under arrest, I was relieved of my rifle, and my pockets were searched, illegally. I told the officers “I do not consent to any searches”. At one point in time an officer must have told me that I was not arrested because I distinctly recall saying, “Sir, I am seized, I have been arrested!” If in fact CMPD holds that I was not arrested at that time, and I was simply detained, the search of my pockets is highly illegal, as Terry v Ohio tells us only a pat down is allowed in those circumstances.
It is difficult to remember the exact verbiage, but I told the officers while they were searching me that it is my right, protected under the constitution to bear arms and that what they were doing to me was highly illegal. Realizing that the officers would not heed my warning, I cursed at them. As they were searching me, the officers claimed that I smelled of marijuana. The claim is ridiculous. I do not smoke marijuana, I was freshly showered and my clothes were recently laundered. Their search, including within my shoes, yielded no marijuana or paraphernalia. If in fact the officers did smell weed, it would have been from a passing car or some other source. I believe there was in also a floral bed on the corner where we were standing. Perhaps this is what they smelled.
When asked “What is your plan with this rifle?” I took this as a slight, insinuating that my intention was to kill people. I told the officer “there is no plan” I was merely exercising my right to bear.
I had attempted to retrieve my phone to audio record the encounter, but it was pulled from my hand and confiscated. My rifle, wallet, keys, and phone were taken and shortly thereafter I was placed in the back of the squad car. I asked for a sergeant or superior officer to appear, but one of arresting officers scrunched their face at me and shook their head no.
I baked there for about an hour. I saw my rifle being moved from car to car, usually handled and in an unsafe manner (I could see that the retention clip of the scabbard was not secured about my rifle and the scabbard was held almost upside down at several points, putting my rifle at severe risk of being spilled on the road).
Before being placed in the car, it should be noted that the entire time I was facing the same direction and never moved from where I was standing. I was charged with Going Armed To The Terror of the People and Resisting Arrest.
Many months later, we reached an agreement with the DA. The gun would be destroyed and the charges dropped. I took the deal. I feel robbed. The video of the incident was never produced.
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