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Thread: False Arrest

  1. #1
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    My wife and I were sitting at a bus stop this morning, whena Newark police officer approached us, askedme to stand up, put my hands up, and turn around. He then attempted to disarm me, without any luck. By then, three other officers have arrived, I'm being handcuffed by one (without them reading me my rights), and another is violently pulling on my gun trying to get it out of the holster, when there is a release button right on the side of it. By now, I'm in fear for my life and my safety, because I feel as though, if he keeps pulling on the gun, my holster will break, my pants will rip, or, the gun may accidently go off in my leg or foot! After they put me in the car and take me to the police station, they left me sitting there while they decided what to do with me. They ended up taking my gun into evidence and detained me in a cell. Then, they figured out that the Newark City Ordinance stated that one, cannot carry, wear under his/her clothes, or conceal a weapon. And because they couldn't charge me with anything, they decided to let me go, with a promise to call me if they decide to charge me with a crime. I've tried to locate a lawyer in my area that would help me sue them, but I am unable to find a lawyer that will prosecute against them. Does anyone have an idea of where I can find such a lawyer?

    And for your own sake, leave your gun in the car when you go to walk through Newark!! :what:

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    budda64_99 wrote
    I'm being handcuffed by one (without them reading me my rights),
    This idea that an officer has to read you your rights immediately upon arrest, even while trying to cuff you is nonesense from television. Miranda rights only have to be given after one is in custody, AND only if they are going to be asked questions relating to the commission of a crime. If you weren't interogated after being taken into custody Miranda is not needed at all.



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    I'm confused, do you have a New Jersey permit to carry?

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    Jared wrote:
    I'm confused, do you have a New Jersey permit to carry?
    There is a Newark in Delaware. I'm assuming that's where this happened.

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    Campaign Veteran Dutch Uncle's Avatar
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    I believe he is referring to Newark, Delaware. Carrying a pistol openly in the PRNJ would probably lead to SWAT teams, black helicopters and a LOOOONG prison sentence.

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    If you had a permit, they are wrong. If you were open carrying, unless Newark had a law banning open carry since before 1985, they would be wrong. You should sue them. Find someone who will do it.

  7. #7
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    i called like every lawyer in the yellow pages and none of them will even go near a police force, this state is so lame.

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    budda64_99check to see if you can find an out of state lawyer that still has passed the bar for Delaware. Perhaps from PA or MD. that is upsetting that it happened to you. the ignorance of others is the only thing I worry about while carrying as well.

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    It might not be a bad idea to contact one or more of the larger 2nd Amendment groups like the NRA or GOA and find out if they can recommend some good lawyers.

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    I ran into a similar problem in June. I was walking down cleveland ave in Newark and was arrested for open carry. I had to threaten to call the NRA before they released me and apoligized. I wasn't ever taken farther than the squad car though.

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    I am re-posting this from another thread as the two threads are very similar:

    -----

    As best we here at OCDO can fugure, any local DE ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted.

    So it would be best to research the local ordiances of any locality you plan to OC in before you go - that way, you can be most confident, calm,and clear headed when dealing with law enforcment or other busy bodies.

    We are going to have to break in Delaware now...so get ready to do it gently - pretend you are Wally Cleaver from "Leave it to Beaver":

    I.e., "Gee Officer,hope I did not make a mistake today - I double checked the state laws of Delaware and ther local ordiances of _____ and neither bans open carry. Can you tell me the statute or ordiance I am violating right now?"

    or

    "Well officer, no permit is required to open carry in Delaware but I happen to havemy permit to conceal my gun with me today - would you like to see it?"

    Delaware needs more open carry - it might speed along shall issue legislation!

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    HEY! actually, I was trying to organize a Delaware open carry day... The only problem is I'm a student at UD, and they ban students from having guns, though if this ruling from the state supreme court over guns on the university of Utah campus gets up held at the federal level, they wont have any grounds to do that. Delaware needs a conservative governor(or atleast one that graduated HIGHSCHOOL!) to get things in motion so DE can be a gun friendly state. I remember there was a LOT of talk about DE becoming a shall issue state, but I haven't heard anything about it since...anyone know what is going one with it?

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    usmarine wrote:
    if this ruling from the state supreme court over guns on the university of Utah campus gets up held at the federal level, they wont have any grounds to do that [in] Delaware
    The UT case is over and decided - state statute permitting widespread gun carry on campuses in UT trumps university rules.

    The federal case is separate and will not review the state case.

    Check your laws in DE and organize to gain carry rights on campus.

  14. #14
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    update, im now charged with carrying a concealed deadly weapon.....anyone know if i can sue them now?

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    You didn't say if you were OC'ing or not. And if you were OC'ing, that is a bunch of crap for them to charge you with anything if there are no laws against it!



    Matt

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    budda64_99,

    Since you are ebroiled in this situation you may already know this but for others here it is anyway.

    Code:
    § 1442. Carrying a concealed deadly weapon; class G felony; class E felony.
           
    A person is guilty of carrying a concealed deadly weapon when the person carries concealed a deadly weapon upon or about the person without a license to do so as provided by § 1441 of this title.
        
    Carrying a concealed deadly weapon is a class G felony, unless the accused has been convicted within the previous 5 years of the same offense, in which case it is a class E felony.
        
    (11 Del. C. 1953, § 1442; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 547, § 13; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.)
    The element required to have committed the offense of Carrying a concealed deadly weapon is that without a license you "carry a concealed deadly weapon"! They are just wasting you time and money. They are hoping you plead to something so they can maintain an OC free environment by intimidation rather than law.

    budda64_99 don't let them succeed. If needed please look into possibly a reputable organization to set up a legal defense fund. I do not think you would have any trouble raising some bucks if it comes to that.



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    budda64_99 wrote:
    update, im now charged with carrying a concealed deadly weapon.....anyone know if i can sue them now?
    First you hire a defense attorney tp defeat the charge. A suit for damages may also be possible.

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    If you can get this story some press(ie some news coverage or NRA website type hype, I'll donate some $)

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    Hey, tell me how your case goes, I'll be in kuwait for the next 8 months.

  20. #20
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    Ive messaged the local paper and ive sent some messages to the nra, no one seems to be replying to me.... anyone definatly know any sources that would make some news of this? this is just too much to pass up because they are clearly in the wrong, I mean how can it be concealed carry if its on my hip in the open, even the officer doesnt disagree with me and the judge found it was good enough to charge me with it, also they are trying to argue that you cannotdisplay a firearm period in the city limits, meaning when you buy that gun at the gunshop and walk out or when you take your rifle or shotgun out to the truck to go huntingyou are commiting a crime.... someone please help meput a stop to theyre abuse of power.

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    Call the Lethal Force Institute

    www.ayoob.com

    Mr Ayoob can get you headed in the right direction to find a lawyer. I lived in Bear, DE and OC'd in Newark all the time. I did have a State of Delaware Armed Comissioned Officer, and had a CCW. I was never questioned, but I always dressed professionally. Riding a bus may put the PD in a mindset that you fit into a certain "class". Also you could call Gettier Security and ask for the firearms instructor (I forgot his name). He knows a lot of people in Delaware, and probably a good lawyer. Just keep your hear and GET GOOD COUNCIL!!!!!

    If you still can't find someone, I will try to find you a lawyer. Just keep us updated VIA posts...

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    One thing that you should know about Ayoob is that he is vehemently anti-open carry. He may help you for the $ but be prepared to be ridiculed, belittled, and have your intelligence questioned.

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    budda64_99 wrote:
    My wife and I were sitting at a bus stop this morning, whena Newark police officer approached us, askedme to stand up, put my hands up, and turn around.
    You may be better off than you think... Through COMMON OBSERVATION, it appears the police determined that you had a weapon, that would really seems to imply it was NOT concealed.

    Hire a good attorney. The only thing dumber than pleading guilty is representing yourself in court.(not meant as a slight against you, but it's important to mention)..

    In Virginia it's a lot cheaper, but a concealed weapons permit just completely avoids the problems... It isn't right.. It isn't fair, but there are too many people that "flip out" at the sight of a properly holstered weapon.

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    Try contacting the Second Amendment Foundation, http://www.saf.org/. They have been known to get involved in law suits and may be able to refer you to a lawyer who is willing to sue the police.

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    psmartin wrote:
    "there are too many people that "flip out" at the sight of a properly holstered weapon."
    I beg to differ. It is almost unheard of for any citizen to "flip out." Problems only occur when anti-gun bureaucrats or "authorities" take it upon themselves to invent bans.

    Has nothing to do with anyone's fear or theso-called (and nonexistant) panic of the sheep, it is all about intimidating gun owners by elitists exercising powers they often don't evenhave.

    Here in Virginiawe don't EVER let them get away with it.

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