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Thread: Chehalis PD OC stop

  1. #1
    Regular Member Munkey Butt's Avatar
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    Chehalis PD OC stop

    So i was at the park watching my wife's friend play softball. An hour goes by with nothing said, then all hell breaks loose. An off-duty community services lady asks me to come aside the bleachers. She says I'm not allowed to have "that" in the park. I brought up state preemption, she said some things, then i told her to call a uniformed officer if its that big of a deal. So i talked with the cops for a few and brought up state preemption again. He tells me that the "city code" says no firearms in the park and that city code trumps state preemption!!! He says if i don't provide ID ill be arrested. So told him no, then started recording. The videos are Part 1 and a Part 2.


    So I received a call from a responding officer today 5-15-14, he tells me that they made a mistake, and that the city attorney will be making a correction and that I am free to walk the park as I please.
    I believe that i will be filing formal complaints against the two responding officers, but am unsure if i should file against the Community Service lady (enter your opinion here). I also believe i will be requesting a formal apology and request the involved parties be retrained as a measure for future confrontations.

    Please feel free to ad in your own tid-bits. I do not plan to let this issue go until there is some sort of head way made. [/SIZE][/B][/B][/SIZE]
    Last edited by Munkey Butt; 05-29-2014 at 08:27 PM.
    -PJ

    "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." -Amendment Two, The Constitution of the United States

    "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired..." -Amendment Two, The Constitution of the United States

  2. #2
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by Munkey Butt View Post
    Now can anyone tell me why i would be getting contacted by the city attorney?
    Sure, he wants to offer you a plea deal and hopes you're dumb enough to take it. That or he's going to try to explain how a municipal code overrides state preemption, which is gonna be kinda tough, don't ya think?
    Last edited by Fallschirmjäger; 05-15-2014 at 01:40 AM.

  3. #3
    Regular Member Grim_Night's Avatar
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    Watched the videos... omfg...

    http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.290
    RCW 9.41.290
    State preemption.

    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
    Local laws DO NOT trump state law regarding firarms, period.

    http://www.dmlp.org/legal-guide/reco...blic-officials
    Currently, the following U.S. Courts of Appeals have recognized the First Amendment right to record the police and/or other public officials:

    Ninth Circuit (with jurisdiction over Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, and Washington): see Fordyce v. City of Seattle, 55 F.3d 436, 438 (9th Cir. 1995) (assuming a First Amendment right to record the police); see also Adkins v. Limtiaco, _ Fed. App'x _, No. 11-17543, 2013 WL 4046720 (9th Cir. Aug. 12, 2013) (recognizing First Amendment right to photograph police, citing Fordyce).
    At this point, I say take your videos and get a lawyer. Your protected rights have been violated under color of law.
    Armed and annoyingly well informed!

    There are two constants when dealing with liberals:
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  4. #4
    Regular Member Fallschirmjäger's Avatar
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    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
    Last edited by Fallschirmjäger; 05-15-2014 at 01:45 AM.

  5. #5
    Regular Member Schlepnier's Avatar
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    Dude I love you man but you screwed up by the numbers.
    "why am I being detained"
    "am I free to leave"
    those should have been about the only things coming out of your mouth
    chan V seattle, tell him to look it up state pre-emption
    Tery v Ohio absent RAS of a crime I do not have to present id, your city code is repealed and void under state law.
    No less than 4 federal circuit courts including the 9th have ruled that police specifically can be audio and video recorded without consent as they are public servants exercising public duties.

    This video makes me furious, id be on the phone already talking to.rapgood about filing a formal.complaint


    The SCOTUS has ruled you have no right to.privacy in a public setting
    +thought for the day+
    ++victory needs no explanation, defeat allows none++

  6. #6
    Regular Member Stretch's Avatar
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    Remove the videos, contact an attorney.

    Sent from my SCH-I545 using Tapatalk

  7. #7
    Regular Member Grim_Night's Avatar
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    Quote Originally Posted by Stretch View Post
    Remove the videos, contact an attorney.

    Sent from my SCH-I545 using Tapatalk
    Unfortunately, I agree with this. You are now a victim of the local PD. As a victim, seek legal action.
    Armed and annoyingly well informed!

    There are two constants when dealing with liberals:
    1) Liberals never quit until they are satisfied.
    2) Liberals are never satisfied.

  8. #8
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    Quote Originally Posted by Munkey Butt View Post

    Now can anyone tell me why i would be getting contacted by the city attorney?
    Well, I would be filing notices of trespass letters to all the LEOs chiefs and towns that might get involved.

    And no, I would not contact him and I would immediately hang up the phone if they call.

    And I would not accept any letters (certified ~ refuse them ; regular mail ~ return to sender).

    They likely want to tell you not to go to the park(s) anymore. They certainly do not want to give you a citizen of the year award.

    You need to stop talking with cops. Really, they are not your friend, they don't want to be your friend, they are only talking to you to gather evidence & they'll twist what you say or mis-remember what you said. Nothing you say can help you in court ~ but anything you say may be used against you in court.

    If they ask you a question - do not answer. You ask questions: am I free to go ... am I under arrest ... am I being detained...

    You are not in a stop & ID state ... so you can just sit there and say nothing.

    The same with people who come up to you ... say nothing ... do not "go over here"....

    Your fine I think but you could have accidentally said something that could get you in trouble.

    Stop engaging with public officials, your not good at it.

    As for a civil suit? I do not see you getting anywhere or any $$$ so why bother.
    Last edited by davidmcbeth; 05-15-2014 at 04:04 AM.

  9. #9
    Regular Member Munkey Butt's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    And I would not accept any letters (certified ~ refuse them ; regular mail ~ return to sender).
    Why would I refuse any letters? If I did and missed a court date, I'm sure i'd be in real trouble.
    -PJ

    "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." -Amendment Two, The Constitution of the United States

    "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired..." -Amendment Two, The Constitution of the United States

  10. #10
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    Quote Originally Posted by Munkey Butt View Post
    Why would I refuse any letters? If I did and missed a court date, I'm sure i'd be in real trouble.
    It is unlikely that USPS qualifies as legal service of documents - else process servers would be out of a job.
    I am responsible for my writing, not your understanding of it.

  11. #11
    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by Stretch View Post
    Remove the videos, contact an attorney.
    This
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  12. #12
    Regular Member Alpine's Avatar
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    Contact an attorney and remove the videos so you can use them later. Go after the PD/city full bore with your attorney.
    Last edited by Alpine; 05-15-2014 at 09:59 AM.

  13. #13
    Regular Member Grim_Night's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    As for a civil suit? I do not see you getting anywhere or any $$$ so why bother.
    He was forced off city property he was legally allowed to be on by officers acting under color of law. He was doing nothing other then abiding by state law which preempts all local laws in that field. He was threatened with arrest for this as well as for recording police without their permission when he had no obligation what so ever to comply with their desire to not be recorded. His protected rights under both the US constitution and the Washington state constitution have been violated as well as these officers violating state law. He has video proof of these events.

    Nope, I don't see him getting anywhere. /sarcasm

    MB, if you simply removed the links to the videos from this thread but the videos are still accessible to anyone who had the links earlier, you need to lock those videos from all access except yourself and your future lawyer.
    Last edited by Grim_Night; 05-15-2014 at 10:15 AM.
    Armed and annoyingly well informed!

    There are two constants when dealing with liberals:
    1) Liberals never quit until they are satisfied.
    2) Liberals are never satisfied.

  14. #14
    Regular Member Stretch's Avatar
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    From their municipal code, found here: http://www.codepublishing.com/wa/Chehalis/

    F. Public Parks and Public Places.

    1. It shall be illegal to engage in the following conduct in any public park or public place within the city:


    h. No person shall possess, use, or discharge any firearm, air gun, BB gun, slingshot, or any bow and arrow in any public park, or use or discharge any such weapon in any public place, unless otherwise authorized as a part of any organized recreation program of the community services department or other public agency.

  15. #15
    Accomplished Advocate BB62's Avatar
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    Subscribing to follow the matter.

    To the OP: you've been given good advice. Continue to follow it.

  16. #16
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by Stretch View Post
    Remove the videos, contact an attorney.
    I feel I missed the bandwagon on viewing the videos . However, I would agree to get an attorney based on what I have read. Keep everyone posted.

    rapgood use to frequent the forums, I don't know if he still practices in the area or not but the contact information I have for him is:

    Caprelaw
    206-624-2379
    2400 NW 80th St # 130, Seattle, WA 98117

    You should contact him or any other good 2nd lawyer.

    Might as well send a mail to the 2nd Amendment Foundation as well, they might feel inclined to give input.

    Second Amendment Foundation
    425-454-7012
    12500 NE 10th PL, Bellevue, WA 98005
    Last edited by slapmonkay; 05-15-2014 at 12:42 PM. Reason: Add
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  17. #17
    Regular Member decklin's Avatar
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    You need to lock the videos. They are still active on youtube. You're not doing yourself any favors right now.
    "Loyalty above all else except honor. " -John Mahoney

    "A Government big enough to give you everything you want, is big enough to take away everything you have." -Gerald R. Ford

  18. #18
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by decklin View Post
    You need to lock the videos. They are still active on youtube. You're not doing yourself any favors right now.
    I think its only visible to people that have the link already. I don't see it on his youtube account and couldn't find anything under search.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  19. #19
    Regular Member Stretch's Avatar
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    Quote Originally Posted by slapmonkay View Post
    I think its only visible to people that have the link already. I don't see it on his youtube account and couldn't find anything under search.
    I just did a quick search and found them.

    Sent from my SCH-I545 using Tapatalk

  20. #20
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by Stretch View Post
    I just did a quick search and found them.

    Sent from my SCH-I545 using Tapatalk
    I wasn't looking hard enough.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  21. #21
    Regular Member Stretch's Avatar
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    I did get a dandy of a screen cap of Officer "Municiple Code" Holt.

    Sent from my SCH-I545 using Tapatalk

  22. #22
    Campaign Veteran slapmonkay's Avatar
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    After watching the video's.

    Hopefully constructive feedback:
    a) You talked too much
    b) You were too nice, THEY are the ones harassing you
    c) Lack of knowledge in RCW 9.41, which may have lead to b)

    I know you have been around here for at least a little while... Perhaps it was one of those it won't happen to me moments, at least you have it recorded, you need to know the law or carry a cheat sheet in your wallet or pocket. If you don't recall something in the heat of the moment, pull out your cheat sheet, if the situation allows. No need to tell them the law, they will do what they are going to no matter what you say. You could hand them your cheat sheet. A good one would be the state preemption or print out a couple OCDO flyers. You give them that information and they proceed anyways then they were given due notice on video that they had the laws.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  23. #23
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    An open carry picnic in a Chehalis Park is in order.
    Throw me to the wolves and I will come back leading the pack.

  24. #24
    Regular Member tombrewster421's Avatar
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    Quote Originally Posted by Jeff Hayes View Post
    An open carry picnic in a Chehalis Park is in order.
    Absolutely!
    Guns don't kill people, bullets do!

  25. #25
    Regular Member Grim_Night's Avatar
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    Quote Originally Posted by Jeff Hayes View Post
    An open carry picnic in a Chehalis Park is in order.
    I can get behind that!
    Armed and annoyingly well informed!

    There are two constants when dealing with liberals:
    1) Liberals never quit until they are satisfied.
    2) Liberals are never satisfied.

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