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Chehalis PD OC stop

Munkey Butt

Regular Member
Joined
Sep 5, 2012
Messages
145
Location
Chehalis
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]
 
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Fallschirjmäger

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Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
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?
 
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Grim_Night

Regular Member
Joined
Aug 5, 2012
Messages
776
Location
Pierce County, Washington
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/recording-police-officers-and-public-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.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
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.
 
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Schlepnier

Regular Member
Joined
May 12, 2011
Messages
420
Location
Yelm, Washington USA
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
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
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.
 
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Alpine

Regular Member
Joined
Aug 10, 2012
Messages
671
Location
Idaho
Contact an attorney and remove the videos so you can use them later. Go after the PD/city full bore with your attorney.
 
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Grim_Night

Regular Member
Joined
Aug 5, 2012
Messages
776
Location
Pierce County, Washington
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.
 
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Stretch

Regular Member
Joined
Nov 17, 2009
Messages
489
Location
Pasco, WA, ,
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.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
Remove the videos, contact an attorney.

I feel I missed the bandwagon on viewing the videos :banghead:. 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
 
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decklin

Regular Member
Joined
Sep 2, 2011
Messages
758
Location
Pacific, WA
You need to lock the videos. They are still active on youtube. You're not doing yourself any favors right now.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
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.
 
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