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Police use stun gun on man accused of having gun in crowded mall. Madison, WI

Sitrep

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May 25, 2007
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Here and There, Washington, USA
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Unarmed man harassed, then assaulted by police at local mall.

I wish Police would not take anonymous statements as facts. If the tipster isn't requiredto give ID, the suspect shouldn't be required to either.

A long history of arrests should be irrelevant. Only a long history of convictions should matter.
 

Doug Huffman

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just a guy, with a Glock wrote:
Very few are harassing lawful citizens for carrying.
And you are from what state, Wisconsin? Your personal anecdote is not a Wisconsin datum - it is a lie. The only inhibition on open carry in Wisconsin is the extra-legal harassment by cops.

Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA KMA$$
 

PT111

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, South Carolina, USA
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just a guy, with a Glock wrote:
Well said ! I find it troubling that many gun rights folks and participants on this board immediately take the side of the "citizen" against the LEO. I know many officers that are verypro gun. Very few are harassing lawful citizens for carrying.

Defending criminals like this Lemon character makes this board appear to be a gathering place of anti-Law enforcement, LAW breaker defending , government hating extremist. NOT a good impression to give.
I'll goalong with the general impression of anti-Law enforecement and government hating extremist. There sees to be quite a few of those who regularly post here. The LAW breaker defending is a little different as it is according to what laws are broken. If it involves a citizen with a gun then they can do no wrong but anyone else is guilty as sin.
 

Pa. Patriot

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PT111 wrote:

I'll goalong with the general impression of anti-Law enforecement and government hating extremist. There sees to be quite a few of those who regularly post here. The LAW breaker defending is a little different as it is according to what laws are broken. If it involves a citizen with a gun then they can do no wrong but anyone else is guilty as sin.

Guess I missed all those posts. Please post some examples. Thanks
 

Pa. Patriot

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just a guy, with a Glock wrote:
Ridiculous assertion

Not rediculous at all.
Mikes point is they had no RAS to cunduct the stop in the first place. He is not commenting on how the citizen acted once that stop occurred, just that they should not have had a reason to since carrying a gun legally, without other unlawful or suspicous acts, is not RAS.
 

Doug Huffman

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And subsequent events are "fruit of the poisonous tree" in its traditional Fourth Amendment 'garden'.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
http://en.wikipedia.org/wiki/Terry_v._Ohio

The conspiracy of ignorance masquerades as common sense. NRA KMA$$
 

Rick Finsta

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Just because a guy has a history of being a jerk doesn't mean that LEOs can harass him, or that he should not be defended if bullied by same. If a citizen is detained improperly (as I believe MAY is the case here, we simply do not have enough information) his response should indeed be beligerence and ill-temperedness. While I agree that he should have instead channeled this through a trite response of "I won't submit to a search so F$&# off," instead he responded to being bullied by figuratively pushing back. I can't say I would have done any differently.

As for why I think the stop itselfmight beillegal, in WI an officer must suspect you of a particular crime to detain you. Then, and only then, are you required to identify yourself. So I pose this question: Without knowing if this man was or was not a LEO and therefore exempt from the WI CCW prohibition, how could they reasonably suspect him of a crime? I've seen judges rule similarily in other cases. Perhaps they would have to first ask "are you a law enforcement officer," but then it is possible that he would not have to answer anyways, as it would be self-incrimination if he was indeed carrying a concealed weapon.

I think this is a bunch of LEOs overreacting to what they thought could be another mall shooting, which is rediculous if the man is shopping with his wife. The police handled this poorly no matter how the citizen reacted, and that in and of itself is enough for me to jump to a jerk's defense.

Oh, and remember IANAL.
 

pkbites

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Jun 2, 2006
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Milwaukee, Wisconsin, ,
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Rick Finsta wrote:
(we simply do not have enough information)

EXACTLY!

We don't have enough information about any of this from either point of view. And I am not going to form my opinions on what I read in left leaning newspapers containing quotes from the subjects family members, mall shopping sheep, dopes who work in a food court, and police administrators who may be trying to cover themselves.

WE simply don't know what the exact facts are at this time, and therefore it is too early to start these "the police did something wrong" type comments that some of you are engaging in.
 

Bear 45/70

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Can you spell LAWSUIT!!!!!!!!!! This is ridiculous. Tazer anyone that isn't doing anything and then charge him with resisting because the bastards storm troopers were over reacting. BS Pure and simple the cops are out of control when they hear the word "gun", they freak into the "have to go home safe tonight" frenzyregardless of how bad the 911report is and how wrong their actions are.
 

Jered

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Bear 45/70 wrote:
Can you spell LAWSUIT!!!!!!!!!! This is ridiculous. Tazer anyone that isn't doing anything and then charge him with resisting because the bastards storm troopers were over reacting. BS Pure and simple the cops are out of control when they hear the word "gun", they freak into the "have to go home safe tonight" frenzyregardless of how bad the 911report is and how wrong their actions are.
+1

Here is a story from a local newspaper.

The way that I understand the story, someone called 911, and anonymously reported that the guy had a gun. The cops show up, rough the guy up, tase him, and then arrest him for no apparent reason.

He needs to own the mall and the police department.
 

Wheelgunner

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Oct 8, 2007
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Kingston, Washington, USA
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I hate adding a second post, but I couldn't get this story out of my mind.

Full military gear?!

BOTHman and wife get to do the "funky chicken" because of an anon call?!

If he had been shot (wife too?) what would have been the comment from PD? ("Ooops! Sorry! Happy Holiday's!", just will not cut it.)


What would they have deployed for our little Pizza get together? SEAL's and F-15's?
 

Jered

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just a guy, with a Glock wrote:
Bear 45/70 wrote:
Can you spell LAWSUIT!!!!!!!!!! This is ridiculous. Tazer anyone that isn't doing anything and then charge him with resisting because the bastards storm troopers were over reacting. BS Pure and simple the cops are out of control when they hear the word "gun", they freak into the "have to go home safe tonight" frenzyregardless of how bad the 911report is and how wrong their actions are.
He threatened to punch the cop and was resisting arrest. Both are crimes. The officers had legal grounds to use force.

They were investigating a call about a man waving a gun around and located a man meeting the description. That constitutes Reasonable Articulable Suspicion to detain the man. He then foolishly escalated the incident to probable cause for arrest by threatening to punch the officers.
They received an anonymous tip that a guy was carrying a concealed weapon.

Other than that anonymous 911 call, they had no reason to suspect the guy of any criminal activity. Because they had no reason to suspect him of criminal activity, they had no reason to approach him.

Under Florida v. J.L. an anonymous tip that someone has a gun is not grounds to stop and frisk a person.

Incidentally, the guy didn't even have a gun.
 

Tomahawk

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just a guy, with a Glock wrote:
I'm thankful that law enforcement is aware of this board and monitoring.

That's like the 5th time you've come on this board and threatened the members with your surveilance BS. Why don't you come clean with what you know about this site being "monitered", troll, or are you not a friend of the OC community?

I for one don't see anybody here defending criminal action, and you are the one inciting hate and discontent with your inflamatory remarks. Try posting something thoughtful once in a while.
 

DKSuddeth

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just a guy, with a Glock wrote:
Guys on here defending a criminal threatening to punch the cops. Amazing, I'm beginning to wonder if this board is a gathering place of criminal misfits with total disregard for the law.

I'm thankful that law enforcement is aware of this board and monitoring.

Good, maybe they'll reconsider strong arm tactics before they force us citizens to take it to the next level.

your strong pro LEO preferences are noted, know that we don't excuse illegal behavior, even from LEOs.
 
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