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Thread: I dunno...what you guys think about this?

  1. #1
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    I got taken into custody by the Reading Police in Berks County for walking around with my gun showing. Now you maybe thinking I'm crazy, but take a look at this http://glocktalk.com/sitemap/topic/327198-1.html
    and you'll see what I mean. I made a short trip to the store and came back to my cousin's house, all with my gun in my holster. I didn't think I was gonna need a jacket. I came back in the house from the store when about 5 minutes later, 2 cops knock on my door. I answered the door and then they came at me and was like "What the **** you think you're doing? You're stupid..." and all that, while handcuffing me all crazy-like. I was like "Yo, look at the laws... I'm legal! I got my license here although I ain't gotta show you ****! **** y'all!" So they got all mad and took me to the squad car. They took me and was all bending my arm forward with my hands handcuffed behind my back. I was like "Yo... this **** hurt! This **** ain't necessary! Why am I getting treated like I'm a perp when I'm innocent. I didn't do ****?!" So the cop was like "I'm gonna take your license away!" and I was like "How? For #1, you're not the issuing authority, the Sheriffs are, for #2, I have to have violated a part of the UFA (Uniformed Firearms Act) which I didn't. Then I was like "How you gonna get me for violating something when you don't even know what's in the act? Carrying around a gun a a badge should have made you wanna learn about the law instead of this ****." So they took me downtown to City Hall and I was trying to tell them, but they didn't listen, because they turned up the stereo mad fuckin' high. I was like "ok....ok.....". When I got to the station 10 minutes later, they took me into this little area with a chair and some papers and this other cop typing up something. I just then read out loud the case laws and the PA statutes about the open carry "law" and they got all silent... LOL! Then after about 2 minutes later, the cop uncuffed me and was like some "Technically you are right, but it's a law that is not really recognized because of the safety issues behind it. So I was like "So my rights is forefeited because old people gets scared of guns? If that's the case, why arent they scared of you all? And he was like "Because I'm a cop." And I was like "My gun was in a holster not bothering anybody. When have the last time you seen a gun magically come off ofa holster and shoot somebody?" So he took me back to my cousin's house, gave me back my gun and told me that I "shouldn't" do it no more. I'm like "If it doesn't say anywhere that I can't, I'm gonna continue to rep the 2nd amendment!"

    Do you think I have a case for harrassment, false arrest and defamation of character because they did all this? :-D

  2. #2
    Founder's Club Member - Moderator longwatch's Avatar
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    I think you should find yourself a lawyer.

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    Sure sounds like Official Oppression to me:

    18 Pa.C.S.§ 5301:

    "A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:



    1. subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
    2. denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity."

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    Get a lawyer man! That was false-arrest...

    If some punk cops tried to force their way through a door at me without announcing their intentions,all-the-while cursing at me and trying to grab me, I would have been afraid that they meant to do me serious bodily harm! Essentially, two thugs in police uniforms stormed your house and kidnapped you without legal justification... Hit 'em HARD!

    molonlabetn

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    Dude, get Jacoby & Meyers!! And I don't just mean any lawyer at thefirm, I mean get the actualdudes themselves,Jacoby & Meyers!! Next Christmas you will have many presents under your tree along with some badges.







    Jersey



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    I wonder how the situation would have gone without all of the cursing....

    Possibly the same way, but who knows? We need to present ourselves in a good manner.



    Matt

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    Regular Member reefteach's Avatar
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    Sat down and just started reading case law while handcuffed huh? Good thing that was handy. Are you sure you're not a LEO on a donut break having some fun?

    Welcome to the forum.

  8. #8
    Founder's Club Member - Moderator longwatch's Avatar
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    Reef you may be onto something, afterall this is the internet.

  9. #9
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    I personally enjoyed all of the properly spelled and punctuated jargon and colloquialism.

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    reefteach wrote:
    Sat down and just started reading case law while handcuffed huh? Good thing that was handy. Are you sure you're not a LEO on a donut break having some fun?

    Welcome to the forum.
    LOL! Yessir! I did that ****! I had my PDA with me and thecase lawswere saved onto it. It's contained in my wallet. I had to take it :-DHell, If I had a regular piece of paper, they probably would have read it and threw it away when I got searched. And noooo...... I'm not an LEO, just a regular joe. :-D

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    longwatch wrote:
    I think you should find yourself a lawyer.
    yeah... same thing my mom said and I got PLENTY of witnesses too! :-DIt seemed like EVERYBODY I knew was outside, lookin' like "Woooow....."

  12. #12
    Founder's Club Member - Moderator longwatch's Avatar
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    So are you going to call one? Best to get your story down while its still fresh in your memory if you are.

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    Yessir! No doubt! I made a few calls and got some appointments going. I'm browsing for the best representation... haha!

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    It wouldn't be false arrest, because the LEO's thought the arrest was good.

    It will more likely fall into a civil rights issue with the basis being they SHOULD have known what the law was.

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    Steve in PA wrote:
    It wouldn't be false arrest, because the LEO's thought the arrest was good.

    It will more likely fall into a civil rights issue with the basis being they SHOULD have known what the law was.

    Since when is ignorance a defense?

    Or, hypothetically, what if a police officer has a 'vision from god' in the middle ofhis shift in which he is instructed by the voices to forcibly enter your home and arrest you for owning a gun because it's 'not right'? Would that not be kidnapping? A false arrest consists of "unlawful restraint of a person’s liberty without proper legal authority". It doesn't matter what the police officer 'thought' was true... Only what he canarticulate with regard to the law.

    http://www.answers.com/topic/kidnapping

    If police officers can legitimatelyarrest people for breaking laws which only exist in their own minds, there is a SERIOUS problem!

    molonlabetn


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    I just emailed Chief Heim in Reading to look into this and make sure all his officer know that in PA, open carry on foot does not even require a license, ID, or requirement to ID oneself to the police.

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    Mike are you saying we in Pa do not have to show id to leos, i always wondered about this, i mean even if we are not packing. Thanx Mtn Jack

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    Mtn Jack wrote:
    Mike are you saying we in Pa do not have to show id to leos, i always wondered about this, i mean even if we are not packing. Thanx Mtn Jack
    Nobody has to have ID or carry it around in PA or any other state. Kolender v. Lawson, 461 U.S. 352 (1983).

    I do not know of any PA statute requiring a person to show ID on demand to an LEO as a general rule. Are you aware of any such statute? Or local ordiance?

    Obvioulsy, there are at least 2 exceptions:

    1. When driving, one must show a valid operators permit if lawfully requested from you; the permit need not have a photo on it.

    2. When carrying a firearms under 4 conditions (as stated in the UFA), one one must show a valid LTCF if lawfully requested from you; again, the permit need not have a photo on it.

    Thankfully, boarding an airline is not one of those circumstances: See http://www.npr.org/templates/story/story.php?storyId=6657697 and http://www.papersplease.org/investigation.html

    But in 2004 the Supreme Court upheld 5-4 a Nevada stop & ID statute requiring one to ID oneself but only ina legitamate Terry stop. But the court's ruling was predicated on a belief by the court that merely stating your name fulfilled the requirements of Nevada statute. Also, the court noted a bad guy assumption, actually writing that anyone who could be implicated in a crime by stating their name would be protected - a very weird and frankly wrong decision - the case is Hiibel v. Sixth Judicial Dist. Court of Nevada, 542 U.S. 177 (2004).


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    I think they violated your rights. The cops in Vermont wouldn't dare do that. However based on your grammar and bad language (you sound like a hoodlum/wanna be/Yo Yo Yo hip-hopper) a couple of good ole boys (Vermont Rednecks) would probably pay you a visit to inform you that wannabe's are not welcome in Vermont!

  20. #20
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    Yes, get a lawyer and a copy of Wagners English grammar.

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    Really am curious what has transpired here...

    Did you get your lawer?

    What is the status of this whole thing?




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    molonlabetn wrote:
    Steve in PA wrote:
    It wouldn't be false arrest, because the LEO's thought the arrest was good.

    It will more likely fall into a civil rights issue with the basis being they SHOULD have known what the law was.

    Since when is ignorance a defense?

    Or, hypothetically, what if a police officer has a 'vision from god' in the middle ofhis shift in which he is instructed by the voices to forcibly enter your home and arrest you for owning a gun because it's 'not right'? Would that not be kidnapping? A false arrest consists of "unlawful restraint of a person’s liberty without proper legal authority". It doesn't matter what the police officer 'thought' was true... Only what he canarticulate with regard to the law.

    http://www.answers.com/topic/kidnapping

    If police officers can legitimatelyarrest people for breaking laws which only exist in their own minds, there is a SERIOUS problem!

    molonlabetn

    I would also like to know what the current status of the situation. On a another note, I agree with molonlabetn and do not believe this to be a "good faith" exception. Perons are legally presumed to know the law, and officers are legally presumed to know the law which they are enforcing. Therefore, at the least I would seek an apology and an expungement of the record.

    ProguninTN

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    i think you could have reacted and interacted a bit more rationally with the officers. even if their behavior was rude and unprofessional, doesn't mean you have to follow suite. if you reacted as emotionally as i read your story (forgive me if i read it wrong), if i were LEO, i might have given you a hard time too. just my 2 cents.

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    cshotsky wrote:
    Yes, get a lawyer and a copy of Wagners English grammar.
    LMAO!!!

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    vermonter wrote:
    I think they violated your rights. The cops in Vermont wouldn't dare do that. However based on your grammar and bad language (you sound like a hoodlum/wanna be/Yo Yo Yo hip-hopper) a couple of good ole boys (Vermont Rednecks) would probably pay you a visit to inform you that wannabe's are not welcome in Vermont!

    I think the cops would give me a harder time... giving my color and everything (sorry to make this sound racist, but I had some bad experiences with being in Vermont because of the "rednecks" there and a CPO that came from Vermont in which I couldn't stand... but that's another issue. And I an NOT a "Yo Yo Yo hip-hopper", I am a individual who likes hip-hop, but that doesn'ttellanybody to stereotype me, so you can take the comment and jam it in your Vermonanite ass! :-D


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