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Thread: Pulled from Car for OC

  1. #1
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    Pulled from Car for OC

    So apparently a drug agent saw my OCd pistol in a Serpa holster and claimed it was tucked inside my waistband. I was stopped 8 miles later after entering and exiting the highway by SP. Was removed from vehicle at gunpoint. My pistol was removed from my right sided while still seated. Officer swept my legs while removing it. That is all for now.

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    Quote Originally Posted by SPOProds View Post
    So apparently a drug agent saw my OCd pistol in a Serpa holster and claimed it was tucked inside my waistband. I was stopped 8 miles later after entering and exiting the highway by SP. Was removed from vehicle at gunpoint. My pistol was removed from my right sided while still seated. Officer swept my legs while removing it. That is all for now.

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    Sent from the back of a black van
    Where?

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    Re: Pulled from Car for OC

    Quote Originally Posted by boyscout399 View Post
    Where?
    Bangor/Orono....

    Seasonally
    Apparently i was observed in Bangor at a gas station. Got on highway. State Police were in median waiting about 2 miles up for me to pass. I pass and see them pull out, i check my speed and am okay. They follow me of the exit and pull me over about a block before the Orono barracks.

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    Re: Pulled from Car for OC

    Anyone have a recommendation for a good firearms/civil rights attorney in Maine?

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  5. #5
    Regular Member OC for ME's Avatar
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    Charges filed against you? Recording(s)?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Re: Pulled from Car for OC

    You stopped the story after the part about them disarming you. What happened after that point? Were you charged with anything? Was your weapon returned?

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    Moderator / Administrator Grapeshot's Avatar
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    While inquiring minds want to know, say/post NOTHING until after you have talked to an attorney AND he approves of any further disclosure(s). Even if you were not charged, there are some serious problems with the conduct of the officer. Hope you were recording.

    P.S. Would file a FOIA request for all related to this.
    Last edited by Grapeshot; 05-17-2013 at 08:42 AM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

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    Re: Pulled from Car for OC

    Quote Originally Posted by Grapeshot View Post
    While inquiring minds want to know, say/post NOTHING until after you have talked to an attorney AND he approves of any further disclosure(s). Even if you were not charged, there are some serious problems with the conduct of the officer. Hope you were recording.

    P.S. Would file a FOIA request for all related to this.
    This.

    FOAA filed, response received, awaiting documents

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    Quote Originally Posted by SPOProds View Post
    This.

    FOAA filed, response received, awaiting documents

    Sent from the back of a black van
    You need to find a good attroney who understands civil rights law, particularly how to sue for damages and injunctive releief under 42 USC 1983 for violations of the fourth amendment. 42 USC 1988 provides for attorne fee shifting if you prevail in a 42 USV 1983 action.

    From your fact pattern, it sounds like the police violated your 4th amendment right by conducting the traffic stop based merely upon seeing you open carrying into your car - although such conduct in maine requires a concealedhandgun license, the police have no power to seize you just to check to see if you have a license. Delaware v. Prause (no stopping cars for licenses checks absent at least reasonable suspicion that crime is afoot).

    it also sounds like the police violated your 4th amendment rights by pulling you from your car and taking your firearm. See Terry v. Ohio (no searching people are confiscating weapons absent (1) a proper seizure pursuant to reasonable suspicion and (2) further reasonable suspicion that the person is both "armed and presently dangerous."

  10. #10
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    DO NOT STOP AT 42 USC 1983....

    42 USC 1985...

    (3) Depriving persons of rights or privileges
    If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; 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 injured in his person or property, or 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.

    Include EVERYONE involved especially the drug agent, every cop on the scene, all the supervisory staff etc

    Then there is 42 USC 1986..

    Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

    Against every supervisory offices on the shift

    It might be a bit of a reach; but it costs you NOTHING to try to pursue...

    UNITED STATES CODE
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 13 - CIVIL RIGHTS
    § 241. Conspiracy against rights

    If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District 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; or

    If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -

    They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.


    § 242. Deprivation of rights under color of law

    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

    If you're gonna hit 'em....... Hit em with a ball bat not a switch!!!!
    Last edited by F350; 05-19-2013 at 08:14 PM.

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    Re: Pulled from Car for OC

    State Police are claiming 6-10 weeks to process FOI

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    Regular Member Thundar's Avatar
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    By then everything will be missing.

    I hope you had a voice recorder on. Don't say whether you did or not here, as authorities often monitor this forum.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Re: Pulled from Car for OC

    Quote Originally Posted by Thundar View Post
    By then everything will be missing.

    I hope you had a voice recorder on. Don't say whether you did or not here, as authorities often monitor this forum.
    Was thinking the same thing.

    Anyway to rush them along? I can't see taking 6-10 weeks to get back to reporters that send in FOIs.

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    That's messed up. If you want, I can give you the information for an attorney who was recommended to me by my CCP instructor. Also, if you're an NRA member, give them a call. Your case, if there turns out to be one, might be eligible for the civil rights defense fund. Best of luck.
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    Re: Pulled from Car for OC

    Quote Originally Posted by MainelyGlock View Post
    That's messed up. If you want, I can give you the information for an attorney who was recommended to me by my CCP instructor. Also, if you're an NRA member, give them a call. Your case, if there turns out to be one, might be eligible for the civil rights defense fund. Best of luck.
    Will definitely take the attorney recommendation. Thanks.

    I'll contact the NRA as well.

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    Re: Pulled from Car for OC

    FOI is in. Only received incident reports. Time to cause havoc.

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    Re: Pulled from Car for OC

    Receipt of a request to BCEC says that there are no recorded radio transmissions.

    Hope they aren't destroying documents...

    Eta: FOAA filed with every dispatch center in Maine

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    Last edited by SPOProds; 06-25-2013 at 02:31 PM.

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    Regular Member MKEgal's Avatar
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    Something to add to the litany of civil rights abuses, they threatened your life by pointing a gun (your gun) at you, with no lawful reason.

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    Re: Pulled from Car for OC

    Quote Originally Posted by MKEgal View Post
    Something to add to the litany of civil rights abuses, they threatened your life by pointing a gun (your gun) at you, with no lawful reason.
    This. Nevermind the .45 USP in the Sgt's hand.

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    Re: Pulled from Car for OC

    Found the dispatch records. Bureau of Emergency Communications had a "technological error" when doing the search

    Good thing I started calling every dispatch center and got my answer.

    I should add Chris Parr, state legal counsel, has been very helpful in trying to locate all the records. He was put off by BCEC's claim of no dispatch records.

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    Re: Pulled from Car for OC

    So, Nancy Thurston in " investigative records" at the MSP, whom all FOI requests to through eventually, says all MSP vehicles have dash cams. She also said all dash cams record when blue lights are activated. However, there is no video(which Nancy found weird).

    Any help on what to do now?

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  22. #22
    Regular Member Thundar's Avatar
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    Red face

    Quote Originally Posted by SPOProds View Post
    So, Nancy Thurston in " investigative records" at the MSP, whom all FOI requests to through eventually, says all MSP vehicles have dash cams. She also said all dash cams record when blue lights are activated. However, there is no video(which Nancy found weird).

    Any help on what to do now?

    Sent from the back of a black van
    Make a claim that the SP violated you then destroyed the dash cam footage. They WILL find the dashcam to disprove the sex assault allegation, then you say I meant civil rights violation not sexual assault.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  23. #23
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Thundar View Post
    Make a claim that the SP violated you then destroyed the dash cam footage. They WILL find the dashcam to disprove the sex assault allegation, then you say I meant civil rights violation not sexual assault.
    Still a he said/she said situation.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Re: Pulled from Car for OC

    Quote Originally Posted by Grapeshot View Post
    Still a he said/she said situation.
    The incident reports match my story ALMOST exactly.

    Still waiting on the nonexistent dispatch records that were suddenly found.

    Anyone know if a case(criminal or civil) has to be filed in order to obtain a subpeona?

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    Were you OC while operating the vehicle?
    Was the Firearm loaded?
    Do you have a Maine Concealed Handgun Permit?
    Paul J. Mattson
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    Maine CWP Training
    101 Main St.
    Harrison, ME 04040

    www.mainecwptraining.com

    (207) 583-4723
    CELL 232-7063

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