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

ATM

Campaign Veteran
Joined
Aug 1, 2009
Messages
360
Location
Indiana, USA
Ironically, there was an ad for Whole Foods coupons at the bottom of the page when I read this thread

...so I printed them out and then burned them. :lol:

I do hope that your civil action will remedy this particular officer's ignorance and arrogance before he is seriously hurt or killed attempting to repeat such a foolish stunt.
 

estcrh

Regular Member
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Oct 24, 2008
Messages
365
Location
Louisiana, USA
Can you please clarify this point...was there any sign posted at the entrance saying that guns were not allowed in the store.
Maybe I missed this but what location was this store.
 

Corlando465

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Jan 13, 2012
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Kentucky
On behalf of all law abiding armed citizens, Good Luck with your case! If there were no signs posted then how are you expected to know the policy, if it differs from state laws?

As stated several times before, this guy is VERY fortunate that he didn't get hurt or shot or start a gun fight. He sounds like a want-to-be policeman with too much authority and not enough brains!

I've also had training in weapon retention and can almost certainly say this guy would have at least had an elbow in his face, probably more.

In Kentucky, OC is perfectly legal, but a store manager or employee can asked you to leave if they don't like it. However, if you were minding you own business, as you were, and treated like that you'd probably own the store!



Sent from my iPad using Tapatalk HD
 

tdcman1

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United States
The arrogance Bowser showed was sickening. Good luck and I hope you clean house. Won't be shopping at Whole Foods up in Baton Rouge.
 

OC for ME

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White Oak Plantation
The store policy does not matter if the citizen is not asked to leave. Now, if the sign has weight of law then a sign is formal notice. If no sign, no directive to leave, then the citizen was assaulted by a armed attacker. The question that must be asked by your attorney is whether or not that "officer" was on-duty, or working a second job in uniform. If he was a "priavte security contractor" then his status as a NOPD officer may not provide immunity. The store, that store, must be included in any law suit, they hired that officer and he was acting on their behalf. The second officer is an accessory to all crimes committed.

Your attorney should pile on the criminal charges as well as the civil suit. The victim must file criminal charges at the direction of his attorney.
 

estcrh

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Oct 24, 2008
Messages
365
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Louisiana, USA
no signs the day of or the day after according to the OP
Hopefully the op has taken verifiable pictures of the store entrance showing it was not posted, this is beginning to look like another Mark Marchiafava case, arrogant law enforcement officer taking the law into his own hands.
 
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Grapeshot

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Hopefully the op has taken verifiable pictures of the store entrance showing it was not posted, this is beginning to look like another Mark Marchiafava case, arrogant law enforcement officer taking the law into his own hands.

Had there been a gun buster sign, that is hardly justification for going "hands on".
 

WalkingWolf

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North Carolina
Had there been a gun buster sign, that is hardly justification for going "hands on".

Agree completely, had the grab gone south not only could the officer and the victim been injured but other patrons and employees of the store. The officers actions were reckless, and he should be fired ASAP.
 

KYGlockster

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Ashland, KY
I would guarantee this was an OFF-DUTY officer working a second job as security. I doubt a city would pay for an officer to be stationed inside a Whole Food store on the tax-payer's dime.

The officer's actions were egregious! He is lucky he didn't get shot with a BUG. Had he done that to me he would've been shot and I would probably be setting in jail right now because of HIS illegal actions.

I seriously DOUBT he will be protected by qualified immunity because I would bet he was NOT on duty. Now you have an excellent case against him and the company, and I would pursue it at all costs.
 

TechnoWeenie

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This is why retention training is important, AND that includes actually using a retention holster.

OP. You're an idiot for having such ****** situational awareness and not knowing how to defend yourself.

Officer, you're lucky you did that to an idiot, because had it been anyone with training, you'd be dead.

Carry on.
 

KBCraig

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I would guarantee this was an OFF-DUTY officer working a second job as security. I doubt a city would pay for an officer to be stationed inside a Whole Food store on the tax-payer's dime.

I don't know the rules in Louisiana, or in NOLA where they have their own way of doing things, but here's how that works in Texas: in order to get an officer to work a private security detail in uniform, the private business contacts the police department (sheriff's office, DPS, etc., as appropriate) and asks for the detail. The business pays the city/county/state directly for the cost of the detail, and the officer is paid overtime by his agency.

The officer is on duty and on the clock, wearing his uniform and using agency equipment, with the same police authority (and obligations!) that he has at any other time he's on the clock. He's even subject to answer calls for assistance.

The officer is not an employee of the business, and has no legal authority to act as their counsel, nor to invoke their rules. He can enforce the law, including theft, robbery, or trespass, but trespass must involve receiving notice (either by signage or oral notice).

From what I've read, that's the way it works in most other states too. But again, in NOLA...
 

4sooth

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Messages
126
Location
, Louisiana, USA
Louisiana does not offer qualified immunity--which most police are not aware of. What the state has in place is "partial immunity"--and as a result a police officer can get hung out to dry by his department if his actions are not "politically acceptable". In addition qualified immunity only comes into play where a "grey area" exists in the law--that is case law is not well established relative to the officer's actions. Unfortunately for this guy--case law is very well established that his actions are completely outside the law. His remark that things are different in Orleans parish is also wrong. Orleans parish cannot have criminal laws which are more restrictive than state law. New Orleans does have certain "administrative" laws which are different than state. I recently had a New Orleans officer tell me that "things are different in New Orleans--we have our own laws." He was unable to explain just what was different though.
 

sraacke

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Jul 20, 2008
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1,214
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Saint Gabriel, Louisiana, USA
I don't know the rules in Louisiana, or in NOLA where they have their own way of doing things, but here's how that works in Texas: in order to get an officer to work a private security detail in uniform, the private business contacts the police department (sheriff's office, DPS, etc., as appropriate) and asks for the detail. The business pays the city/county/state directly for the cost of the detail, and the officer is paid overtime by his agency.

The officer is on duty and on the clock, wearing his uniform and using agency equipment, with the same police authority (and obligations!) that he has at any other time he's on the clock. He's even subject to answer calls for assistance.

The officer is not an employee of the business, and has no legal authority to act as their counsel, nor to invoke their rules. He can enforce the law, including theft, robbery, or trespass, but trespass must involve receiving notice (either by signage or oral notice).

From what I've read, that's the way it works in most other states too. But again, in NOLA...

This is a great explination and why one of my major peeves is the use of terms like "Off duty officer working security" or "Off duty detail" The proper term is "Extra Duty". Just as if they were told that there was a large fair or parade and officers were needed to sign up for extra shifts outside of their normal working schedule. I see often reports in the media of "Suspect was arrested by an off duty deputy after trying to rob the store" where the deputy was not off duty but was in fact working a Extra Duty detail at the store. The term Rent-a-cop, when used to refer to private security officers like myself, is another peeve of mine. I'm a Security Officer with the mission of enforcing the rules and policies of the business I work for. I have limited detention powers similar to those that the owner of the business would legally have. I am in no way a cop and I'm not for rent. On the other hand, a store that contracts out for a deputy or police officer to stand by on it's property for 8 hours a day could easily be regarded as renting the police services. The officer working the Extra Duty detail would more accurately be considered a Rent-a-Cop. Either way, they are not in any way "Off Duty".
Sorry for the rant. Some things get under my skin and this is one of them.
 

Thor80

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Jan 8, 2011
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Spokane County, WA
Good luck I hope he gets nailed to the wall! Did anyone else hear when Bowser said the the op was "lucky that's all I did" in reference to the physical detainment/disarmament? seems to me like that could be construed as a threat eh?

-Thor
 

PFC HALE

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Jun 20, 2012
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earth
Good luck I hope he gets nailed to the wall! Did anyone else hear when Bowser said the the op was "lucky that's all I did" in reference to the physical detainment/disarmament? seems to me like that could be construed as a threat eh?

-Thor

yup threat to me too
 

SPOProds

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Jan 14, 2012
Messages
464
Location
Orono, ME
This is why retention training is important, AND that includes actually using a retention holster.

OP. You're an idiot for having such ****** situational awareness and not knowing how to defend yourself.

Officer, you're lucky you did that to an idiot, because had it been anyone with training, you'd be dead.

Carry on.

I didn't want to say it but, this.
 

georg jetson

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Sep 14, 2009
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Location
Slidell, Louisiana
I have a few friends that are with the NOPD. I'm told that the entire department has been informed about this incident and that officers are being trained to keep this from happening again. Why were they not trained properly in the first place?

There is considerable concern within the dept. that any civil action against Officer Boswer or the NOPD will prevail.
 

WalkingWolf

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Jul 31, 2011
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North Carolina
I have a few friends that are with the NOPD. I'm told that the entire department has been informed about this incident and that officers are being trained to keep this from happening again. Why were they not trained properly in the first place?

There is considerable concern within the dept. that any civil action against Officer Boswer or the NOPD will prevail.

Can there actually be training for common sense? I don't think you can train stupid out of anybody, Boswer should be fired. That type of training is more likely to get through to stupid officers.
 
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