Cuffed, Detained & Disarmed outside Subway

I went up to Everett Saturday May 31st to help my crippled uncle clean his yard and take some loads to the dump. After finishing at the dump...

At approximately 1400 on May 31, 2008, I went to Subway on 4[suP]th[/suP] Ave & 128[suP]th[/suP] St in Everett, Washington, to have lunch with my aunt and uncle. Shortly after arriving, while reading the menu and talking with my uncle, Sheriff’s Deputy Jim Hager [Badge #1469] approached and surprised me from behind and put my right hand into a painful wristlock and ordered me to join him outside. Once outside, Hager told me to stand against the wall where he secured both my hands behind my back. I asked what I was being detained for and Hager told me for carrying my pistol on my hip. At this time my pistol was securely holstered and its retention strap was fastened. My holster was attached to my belt and located on my right hip. Hager then handcuffed me and told me that I was being detained until this was figured out and asked if I had a CPL (Concealed Pistol License). I said yes and told him my CPL and driver’s license were in my wallet located in the right rear pocket of my pants. Deputy R Robertson [Badge #1472] removed my wallet from my pocket and removed my CPL and drivers license while Deputy Hager disarmed me of my pistol from its fastened holster and the spare magazine from its carrier on my opposite hip. At this time Deputy Heather Joyce [Badge #1436] showed up. I asked what the problem was and Hager told me that I wasn’t allowed to carry my pistol in plain view and that I needed to conceal it to legally carry it. I was wearing jeans and a t-shirt and had no jacket with me at the time. I asked them to remove the handcuffs. They refused. They called in my driver’s license, CPL and the serial number of my pistol. I willingly gave Deputy Robertson my current address, phone number and social security number. Hager told me that I was going to keep my pistol concealed, and that “Washington State might be an ‘open-carry’ State but it’s not like you’re walking around on the streets of Gold Bar”. Hager told me to secure my pistol in my uncle’s truck and I informed him that I had no way to legally secure my pistol in the truck. Robertson then told me to borrow my uncle’s coat to conceal my pistol. I asked when the handcuffs were going to be removed from my wrists. Finally I was un-handcuffed and Deputy Hager returned my pistol to me. I held it, barrel down, out by its grip pinched between my index finger and thumb as Deputy Hager did not clear the pistol in front of me and I didn’t know whether or not it was loaded. Hager told me to holster my pistol, which I did slowly. Then Hager returned my loaded magazines to me one at a time. I holstered one magazine into its carrier on my left hip and put the spare in my front left pants pocket. Then Hager returned the single round I had had chambered in my pistol. I put this single bullet in my right front pants pocket. I then requested cards from all three deputies present. They all gave me their cards. I stopped talking and left with my uncle.



During the entire encounter I had my hands cuffed behind me and faced the wall. I was polite and used "sir" & "ma'am" while addressing the deputies.

I need your advice and help figuring out exactly what [legally speaking] happened to me and how I should go about filing a complaint with the Sheriff's Department and maybe more. This whole situation has pissed me off big time.

-Badger

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I went up to Everett Saturday May 31st to help my crippled uncle clean his yard and take some loads to the dump. After finishing at the dump...

At approximately 1400 on May 31, 2008, I went to Subway on 4[suP]th[/suP] Ave & 128[suP]th[/suP] St in Everett, Washington, to have lunch with my aunt and uncle. Shortly after arriving, while reading the menu and talking with my uncle, Sheriff’s Deputy Jim Hager [Badge #1469] approached and surprised me from behind and put my right hand into a painful wristlock and ordered me to join him outside. Once outside, Hager told me to stand against the wall where he secured both my hands behind my back. I asked what I was being detained for and Hager told me for carrying my pistol on my hip. At this time my pistol was securely holstered and its retention strap was fastened. My holster was attached to my belt and located on my right hip. Hager then handcuffed me and told me that I was being detained until this was figured out and asked if I had a CPL (Concealed Pistol License). I said yes and told him my CPL and driver’s license were in my wallet located in the right rear pocket of my pants. Deputy R Robertson [Badge #1472] removed my wallet from my pocket and removed my CPL and drivers license while Deputy Hager disarmed me of my pistol from its fastened holster and the spare magazine from its carrier on my opposite hip. At this time Deputy Heather Joyce [Badge #1436] showed up. I asked what the problem was and Hager told me that I wasn’t allowed to carry my pistol in plain view and that I needed to conceal it to legally carry it. I was wearing jeans and a t-shirt and had no jacket with me at the time. I asked them to remove the handcuffs. They refused. They called in my driver’s license, CPL and the serial number of my pistol. I willingly gave Deputy Robertson my current address, phone number and social security number. Hager told me that I was going to keep my pistol concealed, and that “Washington State might be an ‘open-carry’ State but it’s not like you’re walking around on the streets of Gold Bar”. Hager told me to secure my pistol in my uncle’s truck and I informed him that I had no way to legally secure my pistol in the truck. Robertson then told me to borrow my uncle’s coat to conceal my pistol. I asked when the handcuffs were going to be removed from my wrists. Finally I was un-handcuffed and Deputy Hager returned my pistol to me. I held it, barrel down, out by its grip pinched between my index finger and thumb as Deputy Hager did not clear the pistol in front of me and I didn’t know whether or not it was loaded. Hager told me to holster my pistol, which I did slowly. Then Hager returned my loaded magazines to me one at a time. I holstered one magazine into its carrier on my left hip and put the spare in my front left pants pocket. Then Hager returned the single round I had had chambered in my pistol. I put this single bullet in my right front pants pocket. I then requested cards from all three deputies present. They all gave me their cards. I stopped talking and left with my uncle.



During the entire encounter I had my hands cuffed behind me and faced the wall. I was polite and used "sir" & "ma'am" while addressing the deputies.

I need your advice and help figuring out exactly what [legally speaking] happened to me and how I should go about filing a complaint with the Sheriff's Department and maybe more. This whole situation has pissed me off big time.

-Badger

Click to expand...

Did the store call them?

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