Texas man tazered for open carry

http://www.liveleak.com/view?i=c3d_1398556156

thoughts ?

I guess now when a cop says you are free to go, one must serpentine ...

I thought cops were allowed to lie in the course of their investigations?

If you can't take a cop at his word that you're not free to go when he says you are, can you honestly be expected to take his word that you're arrested?

“The Taser malfunctioned and did not stop after the five seconds,” the police report states. “I had to manually shut off the Taser.” Yeah, and my car malfunctioned and accelerated to 55mph in a 35mph zone all on it's own. I had to manually lift the accelerator pedal to slow it down.

I'd love to see that go to a civil suit and the nice officer name Taser International as a co-defendant to explain how that happens.

“You are not under arrest. You are free to go,” an officer said in the video. “You’re just going to happen to walk home, and I’m just going to happen to make sure you get home safely — and as soon as you get home safely, you will never see us again.”

That’s when another officer arrived who had other ideas.

Vichique is ordered to surrender the gun and refuses because he has not been placed under arrest. Guess what happens next.

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Me, I might've taken a different tack. As soon as the other officer arrived demanding the surrender of my firearm a new dynamic (an entirely new situation and circumstance) is established. I would have lifted my hands and allowed him to seize it, saying, "I don't consent to the seizure of my personal effects."
He's just made a seizure of my effects, I'm seized under the meaning of the Fourth Amendment. I now have all the elements required for a civil suit and I'm not saying another word.
What's he gonna do now, demand I reply to his inquiries... or else?
"What ya gonna do now, skipper?"

The criminals in uniform should be charged in Federal Court under USC 18 section 241 and 242

The citizen should also seek redress under USC 42 section 1983

The problem I see is that no one is willing to prosecute these vile untrained, disrespectful, civil and constitutional rights violators..

They are getting out of hand. These vile criminals and the criminals that harbor and protect them under color of law should also be held accountable.

My .02

Regards

CCJ

Fallschirmjäger said:

I thought cops were allowed to lie in the course of their investigations?

If you can't take a cop at his word that you're not free to go when he says you are, can you honestly be expected to take his word that you're arrested?

“The Taser malfunctioned and did not stop after the five seconds,” the police report states. “I had to manually shut off the Taser.” Yeah, and my car malfunctioned and accelerated to 55mph in a 35mph zone all on it's own. I had to manually lift the accelerator pedal to slow it down.

I'd love to see that go to a civil suit and the nice officer name Taser International as a co-defendant to explain how that happens.


Me, I might've taken a different tack. As soon as the other officer arrived demanding the surrender of my firearm a new dynamic (an entirely new situation and circumstance) is established. I would have lifted my hands and allowed him to seize it, saying, "I don't consent to the seizure of my personal effects."
He's just made a seizure of my effects, I'm seized under the meaning of the Fourth Amendment. I now have all the elements required for a civil suit and I'm not saying another word.
What's he gonna do now, demand I reply to his inquiries... or else?
"What ya gonna do now, skipper?"

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Falls they do have an automatic shut off after 5 seconds. Not sure if there are different styles, but the ones I've seen and dealt with have a 5 second deployment.

Meaning once you pull the trigger you can realize and it will send current for 5 seconds. After said 5 seconds it automatically stops sending current but remains on so that all you have to do is pull the trigger again for another 5 second deployment. You can either hold the trigger down and it will discharge past 5 seconds or you can manually flip the on/off switch to terminate before the 5 seconds.

But 1 pull of trigger is supposed to equal 1 5 second burst no longer. If this officer was lying they could tell by downloading the chip in the battery/magazine area of the tazer. Ours keep track of exactly when/how many times/how long each deployment was and it gets downloaded to a spreadsheet so there's no fudging it.

Just wanted to clarify that for you Falls since you made the vehicle comparison I thought you may have been unaware of the mechanism he was talking about. Hope it helps.

Sent from my XT907 using Tapatalk

Primus said:

Falls they do have an automatic shut off after 5 seconds. Not sure if there are different styles, but the ones I've seen and dealt with have a 5 second deployment.

Meaning once you pull the trigger you can realize and it will send current for 5 seconds. After said 5 seconds it automatically stops sending current but remains on so that all you have to do is pull the trigger again for another 5 second deployment. You can either hold the trigger down and it will discharge past 5 seconds or you can manually flip the on/off switch to terminate before the 5 seconds.

But 1 pull of trigger is supposed to equal 1 5 second burst no longer. If this officer was lying they could tell by downloading the chip in the battery/magazine area of the tazer. Ours keep track of exactly when/how many times/how long each deployment was and it gets downloaded to a spreadsheet so there's no fudging it.

Just wanted to clarify that for you Falls since you made the vehicle comparison I thought you may have been unaware of the mechanism he was talking about. Hope it helps.

Sent from my XT907 using Tapatalk

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No chance the data was corrupted? You know since one function of the Taser malfunctioned, perhaps the data logging aspect was faulty also?

Or maybe a malfunction on the data transfer protocol, or a computer problem after it was downloaded, or maybe a clumsy technician dropped the chip and then stepped on it?


Nothing like this has ever happened before, right?

Couple of other threads on this:

http://forum.opencarry.org/forums/s...-Old-Open-Carrier-Tazed-(This-is-outrageous-)

http://forum.opencarry.org/forums/s...ll-OCer-he-is-free-to-go-then-taze-and-arrest

There were several OC walks following this arrest. In fact, there was one the following night in which a group OCed down the exact path that Henry (the one tasered and arrested) took. There was also a larger rally at one of the police substations. Interestingly enough, there were no detentions, taserings or arrests. Apparently it is because King McManus made an "exception" for these rallies. You see, he is King, so he can suspend city ordinance at whim.

http://www.mysanantonio.com/news/lo...estors-rally-at-police-substation-5381086.php

http://www.breitbart.com/Breitbart-...esters-Organize-for-Open-Carry-in-San-Antonio

http://www.woai.com/articles/woai-l...ntonio-incident-sparks-outrage-from-12212839/

Nightmare said:

Tasers are programmed to be activated in automatic five second bursts, although the officer can stop the energy charge at any time by engaging the safety switch. The charge can also be prolonged beyond five seconds if the trigger is held down continuously.

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To my pain and misfortune and due to a family member's county employment, I'm familiar with the effects of a taser:shocker:
And because I've been in situations where at the time I was sure "honesty is the best policy" was a policy best for someone else, I think I can imagine exactly what the officer is going to claim...

"Guys, honest, I know what the spreadsheet says but that's not what really happened. I hit the trigger once, Once! and the dang thing just kept going on and on and on. It's broken, it must've 'thought' my finger was on the trigger when it wasn't. You've all seen it happen; you put some popcorn in the microwave and hit 2-minutes and it sits there microwaving your popcorn for ten minutes? Or you set your i-Phone to countdown for a nice one-hour nap and it just never goes off but keeps counting down until it gets into negative numbers? Or you decide to make a nice, juicy steak and set the oven for 450 degrees and it never stops heating up until it hits 1000 and sets the house on fire... we've all been there, right? Right?"

I worked with electronics, they break, they fail, but they rarely do things that the electronics don't support, usually it's electrical, mechanical or electromechanical, but not an electronics malfunction with such simple clock circuitry. Not saying impossible, but certainly improbable. When's the last time your watch went haywire and displayed the wrong time because of an electronics problem?

notalawyer said:

No chance the data was corrupted? You know since one function of the Taser malfunctioned, perhaps the data logging aspect was faulty also?

Or maybe a malfunction on the data transfer protocol, or a computer problem after it was downloaded, or maybe a clumsy technician dropped the chip and then stepped on it?


Nothing like this has ever happened before, right?

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Operator error.

JTHunter said:

Maybe it was an "ID10T" error.

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LOL....:lol:

Yesterday the charges against Henry were dismissed by a judge.

stealthyeliminator said:

Yesterday the charges against Henry were dismissed by a judge.

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He should now sue the **** *** ** the police department.

stealthyeliminator said:

Yesterday the charges against Henry were dismissed by a judge.

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Why?

OC for ME said:

Why?

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Because he was tasered and arrested for doing nothing wrong.

USC 42 section 1983 case... Big bucks for the tased..

My .02

CCJ

OC for ME said:

Why?

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The document I saw simply said in the interest of justice. The document indicated that the prosecutor recommended the dismissal

But, he actually did break no law, so I guess that's the reason

A rare concession? $$$$$

stealthyeliminator said:

The document I saw simply said in the interest of justice. The document indicated that the prosecutor recommended the dismissal

But, he actually did break no law, so I guess that's the reason

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If a specific reason for the dismissal is not given then it seems to me that there is no court document(s) to indicate that the thug cop broke the law. I could be wrong because there could be more documents. It seems this case is ripe for filing criminal charges against the thug cop. It will be interesting to see what follow-on actions the wronged citizen takes.

Is there a monetary cost to file criminal charges against that thug cop?

OC for ME said:

If a specific reason for the dismissal is not given then it seems to me that there is no court document(s) to indicate that the thug cop broke the law. I could be wrong because there could be more documents. It seems this case is ripe for filing criminal charges against the thug cop. It will be interesting to see what follow-on actions the wronged citizen takes.

Is there a monetary cost to file criminal charges against that thug cop?

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Hopefully this link works: https://fbcdn-sphotos-d-a.akamaihd....38_1611053592454987_1656804970478339363_o.jpg

Edit: I guess what we are lacking is the motion by the prosecutor. That'd probably be an interesting read...

stealthyeliminator said:

Hopefully this link works: https://fbcdn-sphotos-d-a.akamaihd....38_1611053592454987_1656804970478339363_o.jpg

Edit: I guess what we are lacking is the motion by the prosecutor. That'd probably be an interesting read...

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Thanks. Hope that criminal charges are filed against that thug cop and the cop who released the citizen is the prime witness for the prosecution.