danbus
Regular Member
imported post
On Oct 21 around 7:35pm, I went to walk down a street because I was notified that the police were speaking to a young man. In this particular neighborhood, the police come frequently and seem to harass the young black kids. I went to see what exactly was going on.
I approached armed with my firearm in my holster. I asked, "what's going on?". They replied there were just doing an investigation. They then proceeded to ask me to put my hands on my head so that they can disarm me. I declined and asked why. I was told the "for officer safety" line. I asked if I was free to go or was I being detained. They said I was being detained. They also affirmed that I wasn't doing anything illegal. At this point, I turned on my voice recorder and got the KEY point in the arrest. They asked for my ID, which I declined repeatedly. So they arrested me with Obstructing justice (18.2-460).
I did get a voice recording of 80% of the encounter, however the arresting officer took it as evidence.
I was cuffed, taken back to the car, searched, and placed in the car. At no time, did I ever get Mirandarized.
Around 9pm, I arrived at the regonial jail, my picture was taken, prints taken, and the magistrate set my bail at $500. This whole situation has me reaffirming that law-abiding citizens can be effectively disarmed just because the officer feels "unsafe". We are "guilty until proven innocent".
As you well know, not ALL my LEO encounters, I wasn't disarmed.
I was bailed out approx 2:30am. My property returned and I must pick up my firearm from the Suffolk PD HQ.
I had a hearing date on 10/29/07. My trial is on 12/28/07. I do believe that I was in the right by refusing to be disarmed when I wasn't doing anything illegal. I shouldn't have been "detained" when the officers didn't have reasonable suspicion. If the officer felt that unsafe, he should have asked me to step away from his "investigation", however I wasn't "free to go".
My case would prove a huge landmark for gun-owners rights vs officer safety when it comes to open carrying.
When it came time to pick up my firearm, the secretary told me the LEO wasn't going to return ANY items. She gave me a few numbers to call. I immediately called Internal Affairs and a Sgt gave me an interview and got ALL my belongings returned.
The officer told me he arrested me because I refused to be disarmed, but on the voice recorder, he stated that if I don't show him ID, he will put me in handcuffs.
It's hard being black and armed.
_______________________
cant seem to get the recording on here, yet
On Oct 21 around 7:35pm, I went to walk down a street because I was notified that the police were speaking to a young man. In this particular neighborhood, the police come frequently and seem to harass the young black kids. I went to see what exactly was going on.
I approached armed with my firearm in my holster. I asked, "what's going on?". They replied there were just doing an investigation. They then proceeded to ask me to put my hands on my head so that they can disarm me. I declined and asked why. I was told the "for officer safety" line. I asked if I was free to go or was I being detained. They said I was being detained. They also affirmed that I wasn't doing anything illegal. At this point, I turned on my voice recorder and got the KEY point in the arrest. They asked for my ID, which I declined repeatedly. So they arrested me with Obstructing justice (18.2-460).
I did get a voice recording of 80% of the encounter, however the arresting officer took it as evidence.
I was cuffed, taken back to the car, searched, and placed in the car. At no time, did I ever get Mirandarized.
Around 9pm, I arrived at the regonial jail, my picture was taken, prints taken, and the magistrate set my bail at $500. This whole situation has me reaffirming that law-abiding citizens can be effectively disarmed just because the officer feels "unsafe". We are "guilty until proven innocent".
As you well know, not ALL my LEO encounters, I wasn't disarmed.
I was bailed out approx 2:30am. My property returned and I must pick up my firearm from the Suffolk PD HQ.
I had a hearing date on 10/29/07. My trial is on 12/28/07. I do believe that I was in the right by refusing to be disarmed when I wasn't doing anything illegal. I shouldn't have been "detained" when the officers didn't have reasonable suspicion. If the officer felt that unsafe, he should have asked me to step away from his "investigation", however I wasn't "free to go".
My case would prove a huge landmark for gun-owners rights vs officer safety when it comes to open carrying.
When it came time to pick up my firearm, the secretary told me the LEO wasn't going to return ANY items. She gave me a few numbers to call. I immediately called Internal Affairs and a Sgt gave me an interview and got ALL my belongings returned.
The officer told me he arrested me because I refused to be disarmed, but on the voice recorder, he stated that if I don't show him ID, he will put me in handcuffs.
It's hard being black and armed.
_______________________
cant seem to get the recording on here, yet