NOLA: Physically detained and disarmed by Whole Foods store cop: Sgt. Wade Boswer

I can't find the link right now, but it is Whole Foods policy that guns are not allowed, as they believe it "does not enhance your shopping experience."

eamelhorn said:

If this story is completly true, which I have no doupt that it is. This cop needs charges filed on him. Get off OCDO and start doing something. He knew you were no threat and engaged in a legal activity. He wanted to put you in your submissive place, that we are helpless people who must be protected by only trained professionals. I have no doupt that a trained LEO could do the same to me. I have many physical disabillities, and a sharp grab around my neck would either put me in an OR under a doctor or worse. Please dont let this man get by with what he did. I practice being aware of my suroundings at all times, as im sure you do also, and will be even more so now. Good luck to you.

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I called NOLA PD non emergency PD, I will call them again tomorrow to see what action they will take against the officer. The number for complaints against officers is 504-658-6800. Enough of us call maybe they will do something with this cavernous backside.

Right now, my main concern is obtaining the footage, as they may delete before I can procure sufficient legal representation. Is there anything I can do on my end, such as writing a letter- to legally subpoena the tapes?

Monaco said:

Right now, my main concern is obtaining the footage, as they may delete before I can procure sufficient legal representation. Is there anything I can do on my end, such as writing a letter- to legally subpoena the tapes?

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You can inform them formally that you are seeking legal redress, and that any destruction of evidence in the matter will warrant criminal prosecution for evidence tampering/obstructing justice. Then get a attorney ASAP to file a order for them to turn over the tapes. Most of these stores hold the tapes for a weak, but act quickly.

They used to have mine in Dallas posted, so I stopped shopping there. It is now not posted. Of course, they no longer represent their promise of healthy food, just expensive. The vitamin area is now less than 1/4 of what it was, and they devote quite a bit of space to snack chips, soft drinks and beer.

Anyway, good luck with your case. NOLA PD has never been the paragon of virtue, so good luck with that. There are still Feds in town due to police corruption there.

Your story has inspired me to take some training in retention before I carry openly in NOLA.

Welcome to OCDO Monaco!!

What an interesting experience you've had. Thanks for sharing!! First off, since it appears you were not charged with anything, then you don't need a criminal attorney. Secondly, since you appear to be the victim of some serious rights violations, here's the contact information for one of our OCDO members who is also a New Orleans civil attorney...

Edited for updated contact info:
Owen M. Courrèges
Attorney at Law
1450 Josephine St.
New Orleans, LA 70130
504-304-7916

Great job documenting the officer's foolish admissions!

I will be calling the grocery store tomorrow, along with many of my friends and relatives, to complain of the horrid treatment of their customers. We'll also cease any patronage of this business.

Please make the appropriate complaint to the NOPD. The number has been posted.

Monaco said:

I know most lawyers specialize in certain areas, what type of lawyer could handle this?

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A civil rights attorney can file the federal civil rights suit against the officer, possibly including the department if he was in uniform. Might also be useful in talking with the DA about filing aggravated assault charges against the officer.

Monaco said:

No, I was not arrested.

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Yes, you were. From your description, I'm pretty sure you did not feel free to leave, and you submitted to his use of force & show of authority. Once you feel you are not free to leave, you've been arrested.

"The Claim and exercise of a Constitutional Right cannot be converted into a crime."
Miller v. U.S.

"The mere presence of firearms does not create exigent circumstances."
WI v. Kiekhefer

"Mr. St. John’s lawful possession of a loaded firearm in a crowded place could not, by itself, create a reasonable suspicion sufficient to justify an investigatory detention."
St. John v. McColley [case from FL]

The Third Circuit found that an individual’s lawful possession of a firearm in a crowded place did not justify a search or seizure.
United States v. Ubiles (3rd Cir. 2000)

The Tenth Circuit found that an investigatory detention initiated by an officer after he discovered that the defendant lawfully possessed a loaded firearm lacked sufficient basis because the firearm alone did not create a reasonable suspicion of criminal activity.
United States v. King (10th Cir. 1993)

42USC1983 Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...

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If the officer was acting on store policy, or under direction of the manager/owner...:
42USC1985 Conspiracy to interfere with civil rights

(3) Depriving persons of rights or privileges
If two or more persons in any State ... conspire ... for the purpose of depriving, either directly or indirectly, any person ... of equal privileges and immunities under the laws
...
in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is ... deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

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18USC241 Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State ... in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same
...
They shall be fined under this title or imprisoned not more than ten years, or both;
and ... if such acts include kidnapping or an attempt to kidnap... they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

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That last is a felony, so would have to be prosecuted by a federal LEO.

MKEgal said:

42USC1983 Civil action for deprivation of rights


If the officer was acting on store policy, or under direction of the manager/owner...:
42USC1985 Conspiracy to interfere with civil rights


18USC241 Conspiracy against rights


That last is a felony, so would have to be prosecuted by a federal LEO.

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If I can, I WILL FIGHT THIS and in the event I win, any money awarded (after legal fees) will be donated to a firearms rights or other pro-gun non-profit or charity. A victory for freedom is what I am seeking.

You will want to contact the regional ACLU immediately for assistance. Hopefully you have already done so.

Found in another forum regarding whole foods

"I received this response. Sorry posting from my phone so the response isnt broken up in paragraphs"

"Thank you for the e-mail and feedback regarding Whole Foods Market's "No Firearms" policy.Our policy restricting handguns in the store is driven around providing a safe working environment for our Team Members - and our intent is to extend this safe environment to our customers.* In our Whole Foods Market General Information Guide (employee handbook), we state that:"Whole Foods Market has adopted a policy that no one, including Team Members and customers, may bring firearms, concealed weapons or the like to any Whole Foods Market location.* This prohibition applies, but is not limited to, any public areas of our stores, back rooms, break rooms, Team Member lockers, central kitchens, distribution centers, parking lots and garages. only commissioned law enforcement officers or other law enforcement personnel are permitted to bring firearms onto Company premises."Again, Whole Foods Market's "No Firearms" policy is in place for safety reasons only; while individuals in the company may have personal opinions regard
ing the 2nd Amendment, Whole Foods Market does not take a political position on this issue, nor is our policy intended to infer a lack of support for the 2nd Amendment.* Whole Foods Market's policy is based on state law, which allows businesses to establish and enforce a "No Firearms" policy in our stores as part of state criminal trespass laws.We recognize that you have a choice in where you shop - and appreciate your business. I hope that this e-mail clarifies some of your concerns regarding our reasons for this policy.Best regards"

I guess I will never shop there, not like I have before.

This is one of the most egregious examples of rights deprivation I have ever heard of. As others have already suggested - get a lawyer, call NOPD - (was the 'officer' who detained you actually an LEO or a rent a cop?), do NOT let them off the hook. This could have ended very very badly. Sneaking up on somebody, choking them, and forcibly seizing their sidearm; there were multiple criminal violations on his part. After an experience with a 'gun-grab' I have since learned to provide negative feedback if somebody pulls a stunt on me like that again. GET A LAWYER!!!

q

georg jetson said:

What an interesting experience you've had. Thanks for sharing!! First off, since it appears you were not charged with anything, then you don't need a criminal attorney. Secondly, since you appear to be the victim of some serious rights violations, here's the contact information for one of our OCDO members who is also a New Orleans civil attorney...

Edited for updated contact info:
Owen M. Courrèges
Attorney at Law
1450 Josephine St.
New Orleans, LA 70130
504-304-7916

Great job documenting the officer's foolish admissions!

I will be calling the grocery store tomorrow, along with many of my friends and relatives, to complain of the horrid treatment of their customers. We'll also cease any patronage of this business.

Please make the appropriate complaint to the NOPD. The number has been posted.

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HE TOOK THE CASE!

monaco said:

q


he took the case!

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awesome!

Please tell us the results when it all washes out and thanks for sharing this experience. This discussion led me down the path of FlexYourRights.org which had AWESOME information in it. A learning experience for me!

I love this forum.

If the officer was armed--R.S. 14:46.1--Illegal Detention while armed with a deadly weapon. Felony--lots of jail time!!

MSG Laigaie said:

You will get slammed enough for not being aware of your surroundings.
The part about getting grabbed from behind tho, that was a very dangerous situation. I carry a secondary weapon that would have been deployed in your situation. This would be dangerous for both parties. This was a very bad move by the officer and his partner and it had the potential for innocent bystanders injured.

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For me (right handed) when countering a gun grab from behind, I crouch and the right hand supports the retention holster and primary gun retention, the left hand draws the BUG out of the ankle holster and discharges 2 x .38 SPL +P gold speer hollow points into the femer and gut of the attacker. Retaining the gun is a life and death struggle I do not intend to loose.

Lucky for the idiot gun grabber that he is still alive.

Monaco said:

q


HE TOOK THE CASE!

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Good to hear, I look forward to see how this advances.

Furious & Outraged

This video made me furious. What a horrible and misguided showing of arrogance by this officer. He cut you off 4 times thinking he knew what you were going to say. That alone would send me into a screaming tirade on the street. I would have wound up arrested for DC had this happened to me. This is a skill I work on daily in my work and personal conversations. I listen attentively and form my reply only after the other party is done speaking. This officer needs some "listening skill" training.

I know I'm armchair QB'ing here, and in the heat of a situation (I know from first hand experience) your heart is racing and your thoughts are swirling. The admission you needed him to make was that he did not announce himself as an officer and assaulted you from the back. He did say something about "I'm not going to give you the drop.", that is when I would have asked him to elaborate if that was department practice. When the store manager was present and said "we don't allow firearms" and she mentioned the signs on the door, you got on the right track by bringing up that "you could have said something or had him say something." I would have taken it further and asked "what if someone is from out of town and not familiar with local store policy, is it then the policy of the store to have the individual assaulted from the back, detained, disarmed, and paraded out into the street under force of law?" Also when he mentioned another occurrence of an OCer in the store that turned out to be a D.O.C. employee, you should have asked him "did you assault that man from the back as you did me?" Getting that on video would have sealed your case.

I really love the part when he says "this is New Orleans and everything changes." NO IT DOESN'T, Officer Boswer. It sounds like you, Officer Boswer, need some education on preemption of firearm laws in Louisiana... FYI: There aren't any firearm laws that preempt state law.

@OP: SUE HIS PANTS OFF!!!! and please keep us up to date. So many times I read these threads and then over months and years it takes the wheels of justice to turn, the thread goes dead.

i wonder if this awesome example of corruption and ignorance was in on the katrina gun grab?

this guy is lucky to not be injured from assaulting another armed person. grab me from behind in a chokehold and yer goin head over heels pal!

Go get yer payday!