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Vermont Open Carrier Illegally Handcuffed, Detained by Police

MattinWA

Regular Member
Joined
Jul 29, 2013
Messages
278
Location
Spokane Washington
Unfortunately courts have ruled that officer safety trumps personal and constitutional rights for the minimal time you are detained and unarmed.
 

Baked on Grease

Regular Member
Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
Unfortunately courts have ruled that officer safety trumps personal and constitutional rights for the minimal time you are detained and unarmed.

Ah, but in order to be legally detained they must have RAS/PC of a crime. Without such, the cops have no authority to disarm you.

Sent from my SGH-M919 using Tapatalk 2
 

MattinWA

Regular Member
Joined
Jul 29, 2013
Messages
278
Location
Spokane Washington
While I agree with you 100%, theoretical rights and laws and what actually happens in the real world are seldom aligned on this topic. The individual from the OPs story can and should file lawsuits, however I predict the statement from the pd will go something like this:

After reviewing all the evidence, the department of internal affairs has found that the officer's actions were fully within department policies.

Good luck getting most DAs to try and fight the good ol boys club.
 

Suckerspawn

Regular Member
Joined
Jan 21, 2013
Messages
41
Location
Dayton, Piqua, Ohio
While I agree with you 100%, theoretical rights and laws and what actually happens in the real world are seldom aligned on this topic. The individual from the OPs story can and should file lawsuits, however I predict the statement from the pd will go something like this:

After reviewing all the evidence, the department of internal affairs has found that the officer's actions were fully within department policies.

Good luck getting most DAs to try and fight the good ol boys club.

Fortunately, Internal Affairs and the District Attorney will not have the final word here.
 

MattinWA

Regular Member
Joined
Jul 29, 2013
Messages
278
Location
Spokane Washington
Again I agree with you all 100% but I do not believe any civil or criminal lawsuits will turn out in this law abiding citizens favor...

Unfortunate....
 

MattinWA

Regular Member
Joined
Jul 29, 2013
Messages
278
Location
Spokane Washington
Understood its a separate state, but it is a glance at the culture of politician's agenda in America. Hopefully a ruling like this is not the end result, I wish you all well in your search for justice and right and wrong In This instance.
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
What evidence did the police have to think he was illegally carrying? No permit is requires whatsoever in the state of Vermont to carry openly or concealed. The fact they detained him was unlawful on the police's part. While I doubt there will be charges against the police I'm sure the man will have a good case to get some $$$ out of them.
 

Difdi

Regular Member
Joined
Mar 2, 2010
Messages
987
Location
Seattle, Washington, USA
New Mexico Supreme Court Rules "Officer Safety" Supercedes Rights
http://www.thehighroad.org/archive/index.php/t-595626.html

I wonder, would the reverse be true? Say you have doubts about whether a given individual is a real police officer or an impersonator...could you seize his sidearm for Citizen Safety purposes while you call dispatch and get a detailed description of what the bearer of his badge number is supposed to look like?

Generally speaking, police rights to use force are based on the same self-defense laws and legal doctrines that apply to citizens. The main difference is that police don't automatically disqualify their actions from being self-defense by being the aggressor.
 
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