• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

At gunpoint and in cuffs in downtown Norfolk

denwego

Regular Member
Joined
Jun 30, 2006
Messages
276
Location
Houston, Texas, USA
imported post

I can't believe how you manage to keep your cool after all the crap you've gotten for OCing, Danbus. It's a blight on America that you get singled out for your race while carrying... I suppose people who are comfortable with robbing someone of one constitutional right is comfortable with robbing someone of all of them. My hat's off to you, sir!
 

longwatch

Founder's Club Member - Moderator
Joined
May 14, 2006
Messages
4,327
Location
Virginia, USA
imported post

Strangely I can imagine Danbus is getting used to the harrassment. Not to say he enjoys it, but he is getting experienced at handling these things. I've noticed in myself that I'm less jittery about LEO encounters after Tonys and Burke Lake. He is a salty hand at this point, we should be asking him what to do in these encounters.
 

Hawkflyer

Founder's Club Member
Joined
Feb 21, 2007
Messages
3,309
Location
Prince William County, Virginia, USA
imported post

Danbus,

While we have never met in person, I do look forward to that day. Clearly, you are engaged in a civil rights battle, that those of us who are "unmistakably white" are not. But in this cause you are not alone. While color may matter to the police, I have not met anyone from this forum that holds that view. We here are all brothers in arms. You have more support than you know.

As for this situation, because they actually handcuffed you, you are in the unique position of have been the subject of a false arrest. The act was willful as both officers KNEW in advance that OC was legal. While they might reasonably have conducted a "Terry" stop (you were sitting outside a bank after all), they did not have the right to actually arrest and handcuff you for that purpose. A civil suit against the police department and the two Officers in this case would be almost a slam dunk.

You probably could find a lawyer that would take the case on contingency, so the cost to you would only be the time to pursue the matter. Check with the bank and see if their ATM camera caught the action and also see if the police had cameras and voice recorders in their cars. Start by filing the complaint with the police WITH a FOIA for any recordings (video or audio) to stop them from deleting any that exist. Also contact your local FBI office and file a complaint with them for a color of office violation, and have them seize any recordings. That will really get them to think about what they are doing.

I sincerely hope you drive these guys into the ground like tent pegs. But remember, you are not alone. Many of us are prepared to stand ground with you anytime you need us. Just tell us when and where to show up.

Regards

EDIT: Bulldog is correct. In Virginia only one party is required to consent to a recording, and obviously that person can be the person doing the recording if he/she is also being recorded.
 

TEX1N

Regular Member
Joined
May 15, 2006
Messages
842
Location
Northern VA, Virginia, USA
imported post

Kevin108 wrote:
cato wrote:
OCers, GO BUY AUDIO RECORDERS! YOUR FREEDOM MAY SOME DAY RELY ON IT. IT SHOULD BE AS STANDARD AS A SPARE MAG!
Can you use such a device without consent?
As other have already said, in VA it is legal to record a conversation if at least one party has consented:

VA Code § 19.2-62
2. It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
 

ckpolaris

New member
Joined
May 27, 2007
Messages
8
Location
Hampton, Virginia, USA
imported post

Danbus-

Sorry to hear about your latest encounter with the people entrusted by law abiding citizens to not only protect us said citzens, but to know the laws they are sworn to protect.

I agree that the cops in question took it way to far, and that something should be done in the way of educating these people.

What is sad though, is that stories like this:

"Norfolk standoff over as man with gun surrenders"

http://content.hamptonroads.com/story.cfm?story=127485&ran=134658

does not help our cause, and probably puts the cops in a higher mode of paranoia regarding legal oc. Not to mention the numurous stories involving gun shootings seen everyday.

I'm not saying dont oc. I oc when ever I have the chance. Just trying to shed a different light on the matter. Everday occurances do affect how situations turn out. Who knows, maybe a week ago, this incident (with Danbus) would have never happened...
 

Hawkflyer

Founder's Club Member
Joined
Feb 21, 2007
Messages
3,309
Location
Prince William County, Virginia, USA
imported post

ckpolaris wrote:
...SNIP
"Norfolk standoff over as man with gun surrenders"

http://content.hamptonroads.com/story.cfm?story=127485&ran=134658

does not help our cause, and probably puts the cops in a higher mode of paranoia regarding legal oc. Not to mention the numurous stories involving gun shootings seen everyday.
SNIP...

I am certain you must be aware of the drastic differences between this incident and Danbus's situation. This guy was walking around waiving the gun at people. Danbus was quietly sitting in his car, minding his own business, with a holstered firearm. People had to go out of their way to even see the weapon. There is a big difference, and the police in Danbus's case massively over reacted.

Had his friend from the bank simply told the police that he was their to pick them up from work, instead of hiding around the corner a block away, this might have changed the entire situation.

Regards
 

danbus

Regular Member
Joined
Dec 3, 2006
Messages
495
Location
Hampton, Virginia, USA
imported post

Hawkflyer wrote:
ckpolaris wrote:
...SNIP
"Norfolk standoff over as man with gun surrenders"

http://content.hamptonroads.com/story.cfm?story=127485&ran=134658

does not help our cause, and probably puts the cops in a higher mode of paranoia regarding legal oc. Not to mention the numurous stories involving gun shootings seen everyday.
SNIP...

I am certain you must be aware of the drastic differences between this incident and Danbus's situation. This guy was walking around waiving the gun at people. Danbus was quietly sitting in his car, minding his own business, with a holstered firearm. People had to go out of their way to even see the weapon. There is a big difference, and the police in Danbus's case massively over reacted.

Had his friend from the bank simply told the police that he was their to pick them up from work, instead of hiding around the corner a block away, this might have changed the entire situation.

Regards

1. I was standing outside of my car, next to a wall (it was too hot to sit in the car, and I wanted to feel the breeze on my face).

2. I asked my friend to wait by the car as soon as they came out.

I shall pick up my friend again on Monday at the same time, doing the same thing. But before I do that, I will drop by the Norfolk Police Admin office and file a complaint there.
 

openryan

State Researcher
Joined
Apr 18, 2007
Messages
1,602
Location
, Indiana, USA
imported post

danbus wrote:
Hawkflyer wrote:
ckpolaris wrote:
...SNIP
"Norfolk standoff over as man with gun surrenders"

http://content.hamptonroads.com/story.cfm?story=127485&ran=134658

does not help our cause, and probably puts the cops in a higher mode of paranoia regarding legal oc. Not to mention the numurous stories involving gun shootings seen everyday.
SNIP...

I am certain you must be aware of the drastic differences between this incident and Danbus's situation. This guy was walking around waiving the gun at people. Danbus was quietly sitting in his car, minding his own business, with a holstered firearm. People had to go out of their way to even see the weapon. There is a big difference, and the police in Danbus's case massively over reacted.

Had his friend from the bank simply told the police that he was their to pick them up from work, instead of hiding around the corner a block away, this might have changed the entire situation.

Regards

1. I was standing outside of my car, next to a wall (it was too hot to sit in the car, and I wanted to feel the breeze on my face).

2. I asked my friend to wait by the car as soon as they came out.

I shall pick up my friend again on Monday at the same time, doing the same thing. But before I do that, I will drop by the Norfolk Police Admin office and file a complaint there.
Maybe take off the BMWAG hat?
 

ckpolaris

New member
Joined
May 27, 2007
Messages
8
Location
Hampton, Virginia, USA
imported post

danbus wrote:
Hawkflyer wrote:
ckpolaris wrote:
...SNIP
"Norfolk standoff over as man with gun surrenders"

http://content.hamptonroads.com/story.cfm?story=127485&ran=134658

does not help our cause, and probably puts the cops in a higher mode of paranoia regarding legal oc. Not to mention the numurous stories involving gun shootings seen everyday.
SNIP...

I am certain you must be aware of the drastic differences between this incident and Danbus's situation. This guy was walking around waiving the gun at people. Danbus was quietly sitting in his car, minding his own business, with a holstered firearm. People had to go out of their way to even see the weapon. There is a big difference, and the police in Danbus's case massively over reacted.

Had his friend from the bank simply told the police that he was their to pick them up from work, instead of hiding around the corner a block away, this might have changed the entire situation.

Regards

1. I was standing outside of my car, next to a wall (it was too hot to sit in the car, and I wanted to feel the breeze on my face).

2. I asked my friend to wait by the car as soon as they came out.

I shall pick up my friend again on Monday at the same time, doing the same thing. But before I do that, I will drop by the Norfolk Police Admin office and file a complaint there.

I'm not sure where I accused Danbus of doing wrong. I was trying to point out specific incidents that have happened in norfolk recently, that would somewhat excuse why they were acting they way they were.

Like I said before, I AGREE with everything people here have said about this incident. The cops, as well as the security guards were wrong.

And of course I know that the two incidents were completely different. But how is a cop to know that?
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
imported post

ckpolaris wrote:
But how is a cop to know that?

By being paid to know the law and follow the constitution; develop reasonable suspicion to investigate/detain lawfullyor probable cause to arrest/cite and knowing the elements of the crime and be able to articulate them.

One thing I learned early in my career is not to rush into a conflict/citizen contact unless exigent circumstances dictate. Minus articulable facts, observation and consensual contact is all we have legally.
 
Top