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Thread: Ready to fight the State in court. Over 4th and 2nd Amendment Violations

  1. #1
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    Ready to fight the State in court. Over 4th and 2nd Amendment Violations

    In the fall of 2012 here in Texas I was conducting a workout on a public sidewalk, in my aunts neighborhood, while wearing a load bearing vest with my AR magazines a Bayonet affixed to the vest under my arm and a bright blue rubber training rifle. So what I was doing was lawful, in a lawful manner and in a lawful location. Apparently the someone called 911 because they did not know or understand what they were looking at. They called because of the blue rubber AR, and the probable cause statement by the arresting officer quoted "potentially carrying a rifle". So I was stopped at gunpoint by to police officers, ordered to get on the ground, stripped of my property, my vest my knife, and my lawfully concealed carried .45acp pistol to which I had a CHL. All this was done just based on the report of a blue rifle, real or not which is not a crime. They seized my bayonet which was being carried lawfully under 45.15 as an item used for an other sporting activity.

    I was lectured about my gear and why this and why that? Couldn't you put rocks in your mag pouches for weight? Eventually after I explained why the knife was not illegal, I was arrested for UCW of the Knife. Later at the station they accused me of being a felon in possession of a firearm. I explained to them that yes I had an issue in the military but I was not a felon and I was not dishonorably discharged so I am not a prohibited person. Of course they did not care and charged me with both offenses.

    After a year and a half the DA finally conceded the fact that I was not a felon, so I was was issued a rejection of charges for the Felon in possession charge. However they would not give at least my pistol back to me because the UCW charge was transferred to the county attorneys office.

    I am currently representing myself and have submitted a discovery motion which was granted and a motion to suppress based upon the officers weak deficient probable cause statement and the officers lacking Reasonable Articulable Suspicion to detain me, or as I contend arrest me from the outset of the encounter. This week coming up I finally have my day in court I will be arraigned and I will argue my motion on the violation of my 4th amendment right to walk unmolested on a public street while committing no crime. I have reviewed and studied all of relevant Opencarry, 4th Amd. and RAS/Terry/Prouse/Black caselaw there is. I am ready to impeach an Officer on the stand.

    When this is done I will be seeking damages from not only the Police Dept. but the City as well.

    I will keep y'all updated.

  2. #2
    Regular Member stealthyeliminator's Avatar
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    Good luck to you sir! May justice be found for you!
    Advocate freedom please

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    Regular Member hhofent's Avatar
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    I wish you the best of luck.

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    Not going to run, get drunk, and so unspeakable things? Good for you & good luck !

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    Smile Update

    I have since, received discovery, and guess what. Oh dear there seems to be no Dash or Officer Video or Audio (why), They didn't provide me with the Use of Force Report as requested, nor have they provided any of the 911 calls or dispatch calls either. The 911 call is critical to determining if anyone actually reported a crime, Still fighting to compel the state to produce it.

    However the best bit of evidence in discovery came in the supplemental narrative by the arresting officer who states his reasoning for the stop as:

    "He was walking away from me so I was able to get behind him with my patrol car without him knowing it. I could see the rifle was a blue training rifle and was not real but I still saw lots of rifle magazines in the vest. I exited my car and drew my pistol in a low ready position pointed at the ground below the subject, and gave verbal commands to drop the weapon and lay face down on the ground."

    Since when do magazines pose a threat on their own? THIS IS DESPICABLE! and the County Attorney's Office should be ashamed to even proceed beyond arraignment in this matter. This is a waste of the Courts time.

    He will not be able to explain this away.

    Comments?

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    Regular Member rightwinglibertarian's Avatar
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    He practically convicted himself there.

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    Regular Member stealthyeliminator's Avatar
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    IMO I'd not reveal details here while it's still in progress. Also I'd get a lawyer, even though it sounds like the evidence is stacked in your favor, you never know what those bastards might try to pull. Do you have a defense fund?
    Last edited by stealthyeliminator; 05-27-2014 at 02:41 PM.
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    I would suggest contacting the opposing party's attorney and ask about the "missing" discovery items ~ they cannot give you what they do not have.

    But if they have them and they did not provide them then the question is :was there a prior court order to produce?

    If not, seek one if possible. If so, a motion to dismiss for failure to follow a court order may be the instrument you would wish to pursue. Then they would be violating a court order.

    In a civil case against the state it took 3 or 4 motions for default and a motion to compel (with the state ignoring a few) prior to a default being entered in my civil action.

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    This incident is another example of why video recorders should be worn at all times.

    OP, good luck with you're case.

    I would suggest you seek counsel from a lawyer that is well versed on USC 42 section 1983 litigation.

    Regards

    CCJ
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    Regular Member HPmatt's Avatar
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    What county is it? Democrats in control? County Judge young or old?

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  11. #11
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by OC-Aviator View Post
    --snipped--

    I am currently representing myself and have submitted a discovery motion which was granted and a motion to suppress based upon the officers weak deficient probable cause statement and the officers lacking Reasonable Articulable Suspicion to detain me, or as I contend arrest me from the outset of the encounter. This week coming up I finally have my day in court I will be arraigned and I will argue my motion on the violation of my 4th amendment right to walk unmolested on a public street while committing no crime. I have reviewed and studied all of relevant Opencarry, 4th Amd. and RAS/Terry/Prouse/Black caselaw there is. I am ready to impeach an Officer on the stand.

    When this is done I will be seeking damages from not only the Police Dept. but the City as well.

    I will keep y'all updated.
    Court date, time and place, please.

    Also link to public records charges.
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  12. #12
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    The Court date I had on the 30th of April was just an arraignment. I Learned nothing new until discovery was made on 23 May. As I stated before the state provided no in car audio/video nor a 911 call. But when I pressed the police department and the city attorney's office which handles the 911 dispatchers, I received a surprising call from the county attorney's office, stating that they were "concerned there was not one available and they did a little more digging. And they magically found both, even after the police department told me it did not exist.

    The 911 call alleges no illegal activity, in fact the caller states in the beginning that "he has a blue assault rifle but i don't think its real, it does not look real", and then goes on to say at least 4 times "he's just walking" The 911 operator kept asking is he acting aggressively and he said "no he's just walking".

    In the video it is confirmed that the officer that stopped me was being relayed accurate information because he says "I see the "bluegun", but still" He calls it a bluegun not because it is a gun that is blue but because that is the trademark name of the device, a device that he is very familiar with as a LEO that has trained with them. But did you catch where he said "but still"? But still what. What does he mean? Did he mean "I have lost all reasonable suspicion and I have no reason to stop him at gunpoint, BUT STILL I "feel" I need to stop him." If he knew it was a bluegun before he stopped me why did he feel justified in pointing his sidearm at me?

    Of course though we cant loose sight of the fact the OC of a long gun real or fake is never a reason to detain or arrest (without more), when doing so in a lawful manner, and in a lawful location.

    I will not release case#s quite yet. Please bear with me.

  13. #13
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    911 Call and Dash video

    Here is a video of the 911 Call, and a portion of he dash cam video.

    www.youtube.com/watch?v=qSVFx-lLcnE
    Last edited by OC-Aviator; 06-13-2014 at 09:07 AM.

  14. #14
    Regular Member stealthyeliminator's Avatar
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    I wish you the best. It looks like they don't have a leg to stand on.
    Advocate freedom please

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