Results 1 to 9 of 9

Thread: On Duty Officer convicted of brandishing

  1. #1
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post


  2. #2
    State Pioneer ConditionThree's Avatar
    Join Date
    May 2006
    Location
    Shasta County, California, USA
    Posts
    2,231

    Post imported post

    I gather that the charge resulted from using his firearm in conjunction with a threat to kill the detainee if he didnt share information, and would in no way influence future commands at gun point for compliance from police (ie;" Put the gun down, or I will shoot you.")

    Now I wonder what the threshold for 'rude' or 'angry' is, as those are also elements of the crime of brandishing as well. Just how rude or angry can an officer be, while handling their sidearm, before it becomes brandishing? And in some cases, as it is applied to citizens, brandishing need not even be out of the holster or handled to be a crime. Food for thought.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  3. #3
    Campaign Veteran marshaul's Avatar
    Join Date
    Aug 2007
    Location
    Fairfax County, Virginia
    Posts
    11,487

    Post imported post

    I predict that as more people have the ability to easily and quickly begin recording voice and video (something which is more common outside OC circles than we may realize ), police will begin to have to really watch what they do for fear of being recorded and sued.

    When that happens, "rude" and "threatening" will start to become important words for a cop who wishes to draw his firearm on an unarmed individual.

  4. #4
    Regular Member
    Join Date
    Mar 2008
    Location
    Washoe County, Nevada, USA
    Posts
    256

    Post imported post

    There has been more than one case of a cop arresting someone for "wiretapping" him while he performed his job in public... i.e. someone getting a speeding ticket arrested for shooting him with a camcorder while writing the ticket. I think that everyone should have the right to record their interactions with LE.

    Maybe the answer is for everyone to become a "member of the media."

  5. #5
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    wayneco wrote:
    There has been more than one case of a cop arresting someone for "wiretapping" him while he performed his job in public... i.e. someone getting a speeding ticket arrested for shooting him with a camcorder while writing the ticket. I think that everyone should have the right to record their interactions with LE.

    Maybe the answer is for everyone to become a "member of the media."
    I haven't heard of such a case in CA. Then again, I don't really pay much attention to mainstream media (none at all actually).
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  6. #6
    Campaign Veteran marshaul's Avatar
    Join Date
    Aug 2007
    Location
    Fairfax County, Virginia
    Posts
    11,487

    Post imported post

    To be honest I don't know the laws in every state. I do know that, in Virginia, as long as one party in a conversation (i.e., yourself) is aware of the recording it is legal to record any conversation, including one you have with a police officer.

  7. #7
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    CA_Libertarian wrote:
    wayneco wrote:
    There has been more than one case of a cop arresting someone for "wiretapping" him while he performed his job in public... i.e. someone getting a speeding ticket arrested for shooting him with a camcorder while writing the ticket. I think that everyone should have the right to record their interactions with LE.

    Maybe the answer is for everyone to become a "member of the media."
    I haven't heard of such a case in CA. Then again, I don't really pay much attention to mainstream media (none at all actually).
    The only thing close in CA is

    632. (a) Every person who, intentionally and without the consent of
    all parties to a confidential communication, by means of any
    electronic amplifying or recording device, eavesdrops upon or records
    the confidential communication, whether the communication is carried
    on among the parties in the presence of one another or by means of a
    telegraph, telephone, or other device, except a radio, shall be
    punished by a fine not exceeding two thousand five hundred dollars
    ($2,500), or imprisonment in the county jail not exceeding one year,
    or in the state prison, or by both that fine and imprisonment. If
    the person has previously been convicted of a violation of this
    section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall
    be punished by a fine not exceeding ten thousand dollars ($10,000),
    by imprisonment in the county jail not exceeding one year, or in the
    state prison, or by both that fine and imprisonment.
    (b) The term "person" includes an individual, business
    association, partnership, corporation, limited liability company, or
    other legal entity, and an individual acting or purporting to act for
    or on behalf of any government or subdivision thereof, whether
    federal, state, or local, but excludes an individual known by all
    parties to a confidential communication to be overhearing or
    recording the communication.
    (c) The term "confidential communication" includes any
    communication carried on in circumstances as may reasonably indicate
    that any party to the communication desires it to be confined to the
    parties thereto, but excludes a communication made in a public
    gathering or in any legislative, judicial, executive or
    administrative proceeding open to the public, or in any other
    circumstance in which the parties to the communication may reasonably
    expect that the communication may be overheard or recorded.
    I'd love to read some case law if anyone knows of any. But generally, I've been taught that in CA if one is in a public place one has no "expectation of privacy" and can be recorded.

  8. #8
    Campaign Veteran
    Join Date
    Nov 2007
    Location
    SeaTac, Washington, USA
    Posts
    434

    Post imported post

    IfLE writing a traffic ticket is confidential communicationI wonder if it can be used in court as that makes it public record?

  9. #9
    Newbie cato's Avatar
    Join Date
    Oct 2006
    Location
    California, USA
    Posts
    2,335

    Post imported post

    irfner wrote:
    IfLE writing a traffic ticket is confidential communication...

    Its not.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •