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Thread: Open Carry Advocate Threatened With Unlawful Arrest By Buda TX Police Officer

  1. #1
    Campaign Veteran smellslikemichigan's Avatar
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    Open Carry Advocate Threatened With Unlawful Arrest By Buda TX Police Officer

    https://www.youtube.com/watch?featur...&v=J4MPGjMVYMM

    Statement from the person being harassed:

    On July 9, 2013 at 4:40pm in Buda, Tx me as well as one other law abiding Texas citizen. Began to exercise our right to open carry a long gun. At 5:27pm Officer Alex Fernandez with Buda P.D. drove up and began to try to run all over my rights. He never once asked what we were up to. He just jumped out of the car and demanded my ID. A constable shows up as back up. I refused to show ID, he said I was detained and going to jail. He goes on to tell me has been receiving multiple calls (later he says it was only 1 call a few times). I asked for his supervisor he said " you will get me". I proceed to give officer Fernandez a business card that explains my rights to open carry. Officer Fernandez reads the card then says he will give me a few seconds to think about it, meanwhile he goes to car to get on radio to ask what he can do, I am assuming. Meanwhile the constable backs the Officer and tells me that I have to by law show ID (once again ALL LIES). The officer comes back from car says I am being detained for suspicious activity "we dont have everyday someone walking around with a gun" he says. Officer Fernandez says I am trying to go to jail because I am a IDIOT. He then proceeds back to the car to get on radio to see what he can do. At the beginning I had asked for his supervisor to avoid all of this. He comes back to talk to me after his supervisor told him there was nothing he could do, he called me now annoying and retarded. He also says he knows it is a FUN GAME for me. Off and on he places he hands in the ready position for his side arms, and tries to provoke me. He consistently will not answer my questions (it is his job to serve RIGHT?) He says he supports my rights, I then ask him how can I exercise my rights and still ignores me. At the end I thank the constable for being polite (even though he showed ignorance for the law, he did like the business card). The whole encounter with the officer he never asked me what I am doing, the other thing also he never said one word to the other person next to me with a long gun strapped on their back.........
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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    Campaign Veteran skidmark's Avatar
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    Suggest you delete your post, and say/post nothing until after you have consulted with an attorney.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    <chuckle>

    Now, we know those fellas in the video weren't OCDOers. If they were, they would already have done the 4A analysis complete with cites.

    So, lets see:

    Cop in Texas, home of Brown vs Texas, demands identity from someone without RAS. (That case invalidated Texas' statute penalizing failure to identify just because the cop demands identity; it required the cops to have RAS for a detention before demanding identity.)

    Cop, while asserting RAS, fails to disarm suspects.

    Cop detains citizen with no RAS. Just a vague unusual-ness. No articulable facts from which to draw reasonable suspicion or reasonable inferences pointing to a crime. I'd be ashamed of that cop if I were a Texas lawman. Ashamed.

    This is the second or third non-OCDOer video I've come across in the last month or so. Seems like OC is picking up steam outside of OCDO. At least I hope so.


    Reader Note: Its a little dangerous to assume the cop has no RAS, and refuse to identify in a locale with a stop-and-identify statute or ordinance. If you guess wrong, you're likely to be arrested, or at least cited.
    Last edited by Citizen; 07-11-2013 at 06:57 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    So how did this guy in the blue uniform actually get a job as a LEO? He is an embarrassment to the community.
    He continued to insert the term "idiot" towards the law abiding citizen. Hence if you exercise your right your an idiot according to the LEO.

    An issue that is never mentioned after these unlawful detainments is money/compensation for your time.

    The officer detained a citizen that was exercising his 2A right. Therefore wasting the citizens time.
    The officer was being compensated while detaining the law abiding citizen while the citizens time was clearly wasted.

    Time is money, if your time is valuable to you and it is wasted due do the ignorance of a public servant then I suggest you send the PD or city counsel a billing notice with a dollar amount due for your time.
    Mark the billing statement "due upon Receipt". After 30 days file a complaint in small claims court.
    Include your pro se fees and costs etc.

    We need to hit these tyrants in there pockets. Make it costly for them to attempt to violate your rights and to waste our time.

    You need to determine how much money the LEOS were being compensated for your unlawful detainment and bill accordingly. If they are being compensated then so should you. Time is money.

    My .02

    CCJ

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    Regular Member FreeInAZ's Avatar
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    Re: Open Carry Advocate Threatened With Unlawful Arrest By Buda TX Police Officer

    @CCJ - there's the problem! They (LE) don't care about urinating on a citizens rights because: 95%+ of the time a court finds that a officer violated a citizens rights, the officer is not held personally liable. Hence the pocket that gets paid out of is not theirs, so why should they care? See the problem?
    Last edited by FreeInAZ; 07-12-2013 at 06:43 PM.
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    Quote Originally Posted by FreeInAZ View Post
    @CCJ - there's the problem! They (LE) don't care about urinating on a citizens rights because: 95%+ of the time a court finds that a officer violated a citizens rights, the officer is not held personally liable. Hence the pocket that gets paid out of is not theirs, so why should they care? See the problem?
    FreeInAZ-- If enough citizens start sending bills to the department or the city counsel then follow up with a small claims court complaint then we will be heard.

    Every case need not be a huge USCA 42 section 1983 case. Small cases could be filed an ruled on.

    In a small claims court should they PD or the individual officer not appear, a default judgment will be awarded.

    The key is to sue for compensation for YOUR TIME that was wasted and can't be replaced.
    Properly framed in a legal brief stating the importance of ones time and how that time was stolen from us by negligence on the part of the LEO and or the PD or the city counsel people that hired these officials. Should present a legal issue for the courts to decide on.

    While my theory as not been tested, I could see a court taking on the issue.

    I have file against LEO and local county traffic court employees, judge, prosecutor,LEO.
    Remember they are being compensated to attend a hearing while you are being inconvienced to defend your actions. If found not guilty, then sue for your time being wasted.
    If you do not sue then even when you win you actually lose.
    Take the OP video, While the gentleman did a great job of exercising his 2A right and was finally allow to leave, sure he proved his point, however he was not compensated for his TIME, TIME that was wasted and he can never get back. While the two leos on the scene were being compensated with tax payer money.
    So someone needs to be held accountable for stealing the TIME of the law abiding citizen.

    Time can never be replaced, its our must vital possession. A possession that should not be taken away from us at the hands of a public servant that does not know the law or know the constitution.

    Fight for your rights and fight for your time. Time is money.

    My .02

    Best regards

    CCJ

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    I don't know why the OP is complaining so loudly about the cop not asking him what he was doing ... he would not answered anyways.


    You should have told him its lucky that being an idiot was not a felony or you would have placed him under citizen's arrest. lol

    He does not have to answer your questions & you don't have to answer his ...

    How long was this encounter? 5 min, 30 min?

  8. #8
    Campaign Veteran smellslikemichigan's Avatar
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    the OP is not the person in the video
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

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    Regular Member FreeInAZ's Avatar
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    Re: Open Carry Advocate Threatened With Unlawful Arrest By Buda TX Police Officer

    Quote Originally Posted by smellslikemichigan View Post
    the OP is not the person in the video
    The OP is HARD CORE OC and would have quickly set these peace officer on the path to legal enlightenment.

    Me thinks this was a look what goofy crap is going on now in Texas post. He is a USMC vet from the great state of MI. I have stood next to him in the OC trenches. Good guy in my book. +1
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    Campaign Veteran smellslikemichigan's Avatar
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    Quote Originally Posted by FreeInAZ View Post
    The OP is HARD CORE OC and would have quickly set these peace officer on the path to legal enlightenment.

    Me thinks this was a look what goofy crap is going on now in Texas post. He is a USMC vet from the great state of MI. I have stood next to him in the OC trenches. Good guy in my book. +1
    mostly true... mostly true. i have recently become passionate about texas carry because i have friends in texas and my wife is from there. we are considering the possibility of moving there some day. you should have seen my wife and i BOTH jedi master ourselves past some private security who were trying to check people for CPLs on the way into a festival in woodhaven last night. they were trying to establish (without legal authority on public property) who was legal to open carry in there and who was not... a few of our group offered them up willingly, we simply walked in and said "these are not the guns you are looking for." ok, maybe we just thought it.
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  11. #11
    Regular Member FreeInAZ's Avatar
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    Re: Open Carry Advocate Threatened With Unlawful Arrest By Buda TX Police Officer

    Quote Originally Posted by smellslikemichigan View Post
    mostly true... mostly true. i have recently become passionate about texas carry because i have friends in texas and my wife is from there. we are considering the possibility of moving there some day. you should have seen my wife and i BOTH jedi master ourselves past some private security who were trying to check people for CPLs on the way into a festival in woodhaven last night. they were trying to establish (without legal authority on public property) who was legal to open carry in there and who was not... a few of our group offered them up willingly, we simply walked in and said "these are not the guns you are looking for." ok, maybe we just thought it.
    Outstanding! May the force always be with you.
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

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