OC-Aviator
Regular Member
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.
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.