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Thread: Oregon Zoo (sort of OC ) arrest 3 Feb 2014

  1. #1
    Regular Member Lord Sega's Avatar
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    Jul 2010
    Warrenton, Oregon

    Question Oregon Zoo (sort of OC ) arrest 3 Feb 2014

    I did search and did not see this already on News article is dated 3 Feb 2014.

    LINK to local news KATU

    Not a lot of info, and the interweb doesn't have much more about the incident or any court actions / dismissal / plea bargain... nada.

    1) MWAG call for guy sitting in his car in the Oregon Zoo parking lot.
    2) Police approach and take into custody without incident.
    3) Car searched (unknown if with permission), two replica firearms, both BB (or maybe Airsoft) "replica" firearms, and a small amount of marijuana (under an ounce).
    4) Charged with Disorderly Conduct in the 2nd degree, which is a Class B misdemeanor, and possession of less than an ounce of marijuana, which is a violation.

    So... Oregon is OC (CC with CHL permission slip), the Oregon Zoo is within City of Portland so local ordinance of Unloaded OC applies unless you have a CHL.

    Maybe the LEOs can justify approaching to check the guy out, IMO it would depend on how long sitting in his car, how much handling of the (thought to be) firearms, and his emotional state. Before I get jumped on, I could see certain behaviors that might indicate possible suicide, BUT it would be very specific and that's not in the article... was he sitting there for 5 minutes or 45 minutes instead on entering the Zoo (or the Forestry Center or the Children's Museum that are also there off of the parking lot), how was he handling the "firearm(s)" i.e. pointing at himself or others (LINK) (but if at others why wasn't he charged with that), is he red faced / crying / emotional? Things that might indicate thoughts of suicide that an approach and talk could clear up.

    However, if no indications of suicide (or psychotic rage, etc), that should have been the end of the encounter by LEOs.
    I don't see how they can apply the Disorderly Conduct (2nd deg) (LINK).

    If the arrest is bogus, then the car search due to the arrest is out (assuming no consent), and the pot charge as well.

    I'm thinking over-reach on the DC charge, or any charge.
    I can't find anything beyond the news articles at the time of the incident, I would think that something would have happened in 2-1/2 months.

    Anyone in Portland want to FOIA the reports (Multnomah County Jail) for details?
    "Guns are not the problem … crazy is the problem” ... “We cannot legislate our society to the craziest amongst us.” - Jon Stewart
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  2. #2
    Regular Member Fallschirmjäger's Avatar
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    Sep 2007
    Georgia, USA
    Officers are judged by the number of arrests they make not by the number of convictions (as conviction is the county attorney's bailiwick, and besides all cops know the courts are just a impediment to justice (almost a joke, folks)).

    Officers also know that unless their actions are egregious then can claim 'good faith' and 'I Thought that was the law" an an excuse for an arrest that isn't prosecuted.

    Officers also know that an arrest is almost as good as a conviction in terms of just absolutely ruining someone's otherwise perfectly good afternoon and 'teaching them a lesson.'

    I agree that unless there is something we're not being told that the disorderly conduct charge will be nolle pros'd. It won't matter, the individual was still arrested, transported, fingerprinted, served food worse than airlines have and was inconvenienced. Sometimes that's all that matters.

  3. #3
    Regular Member We-the-People's Avatar
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    Aug 2009
    White City, Oregon, USA
    The DC is a misdemeanor. Unless the officers SAW him commit the DC, I don't think they can arrest him without a complaining witness that must then appear to testify. Of course that's assuming he doesn't roll over on a plea. With no RAS, unless he gave consent the search is invalid and the evidence will be suppressed....BB guns and marijuana from the way the article is written.

    I'm sure they'll BS some reason that the judge will buy though....that's why it's important to have audio running when they say "I don't know if you committed a crime"....GET OUT OF JAIL FREE (well not "free", but ya get the point)

    Quote from the article:
    "Even though the firearms turned out to be replica BB guns, police say the callers did the right thing. The Portland Police Bureau encourages people who see something suspicious involving firearms to call 911 immediately so that officers can respond and insure community safety."

    The buggers. I'm guessing it's only a matter of time before the little buggers jack me up while I'm up there calmly shopping. Probably this coming summer. Last time I was up there someone called me in. I had my trusty scanner APP going though and simply walked out of the store before the coppers could arrive to harass me. On the way to the car I heard them get another call of "a hysterical woman on 11th street who saw a gun on the street"......I happened to be on 11th street.

    Now my weapon was in my holster, I was calmly shopping with my lady. I'm pretty sure we'd have had issues if they rolled up and started demanding ID, pulling weapons, etc. Absolutely NO RAS....but that's how they roll.
    Last edited by We-the-People; 04-25-2014 at 06:05 AM. Reason: Add para about misdemeanor
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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