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Cuffed, Detained & Disarmed outside Subway

cato

cato

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Oct 29, 2006
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California, USA
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Lonnie, OP,etc...

SECURE THE EVIDENCE! if only for a complaint.

Have an attorney contact the store and secure the video of the incident ASAP.
 
amlevin

amlevin

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Feb 16, 2007
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North of Seattle, Washington, USA
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Based on information recently published in conjunction with an ongoing issue with Everett School District, I doubt that there are any Audio recordings available. Washington still holds it to be illegal to record another person without their permission and/or being advised in advance. "Flora" covers recording Police, not customers of a retail establishment.
 
D

David.Car

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Spokane, Washington, USA
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amlevin wrote:
Based on information recently published in conjunction with an ongoing issue with Everett School District, I doubt that there are any Audio recordings available. Washington still holds it to be illegal to record another person without their permission and/or being advised in advance. "Flora" covers recording Police, not customers of a retail establishment.
Click to expand...
If the business establishment has a sign stating audio recording is/may be in progress, than the 2cd party has been informed and it is legal?
 
J

joeroket

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Everett, Washington, USA
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David.Car wrote:
amlevin wrote:
Based on information recently published in conjunction with an ongoing issue with Everett School District, I doubt that there are any Audio recordings available. Washington still holds it to be illegal to record another person without their permission and/or being advised in advance. "Flora" covers recording Police, not customers of a retail establishment.
Click to expand...
If the business establishment has a sign stating audio recording is/may be in progress, than the 2cd party has been informed and it is legal?
Click to expand...
According to 9.73.030 section 3 if consent if the communication is recorded then so shall the notice of recording.

Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
 
TechnoWeenie

TechnoWeenie

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, ,
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joeroket wrote:
David.Car wrote:
amlevin wrote:
Based on information recently published in conjunction with an ongoing issue with Everett School District, I doubt that there are any Audio recordings available.  Washington still holds it to be illegal to record another person without their permission and/or being advised in advance.  "Flora" covers recording Police, not customers of a retail establishment.
Click to expand...
If the business establishment has a sign stating audio recording is/may be in progress, than the 2cd party has been informed and it is legal?
Click to expand...
According to 9.73.030 section 3 if consent if the communication is recorded then so shall the notice of recording.

Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
Click to expand...

Its called implied consent. I've told you that you're being recorded, if you don't want your voice on my 'tape', then STFU.:celebrate
 
J

joeroket

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Everett, Washington, USA
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TechnoWeenie wrote:
joeroket wrote:
David.Car wrote:
amlevin wrote:
Based on information recently published in conjunction with an ongoing issue with Everett School District, I doubt that there are any Audio recordings available. Washington still holds it to be illegal to record another person without their permission and/or being advised in advance. "Flora" covers recording Police, not customers of a retail establishment.
Click to expand...
If the business establishment has a sign stating audio recording is/may be in progress, than the 2cd party has been informed and it is legal?
Click to expand...
According to 9.73.030 section 3 if consent if the communication is recorded then so shall the notice of recording.

Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
Click to expand...

Its called implied consent. I've told you that you're being recorded, if you don't want your voice on my 'tape', then STFU.:celebrate
Click to expand...
I agree and know what implied consent means but how is Subway going to record thier announcement that you are being recorded. That was my point of the post. Or am I reading the RCW wrong?
 
just_a_car

just_a_car

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Auburn, Washington, USA
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joeroket wrote:
I agree and know what implied consent means but how is Subway going to record thier announcement that you are being recorded. That was my point of the post. Or am I reading the RCW wrong?
Click to expand...
Easy, make sure the sign that says "You may be videotaped on these premesis", or other some-such signage, is visible in the video.
 
U

uncoolperson

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Bellingham, ,
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I'm only going off what i've been told (not a doctor or anything).... but if the wrist grab hurt alittle more than it should it may have caused some actual damage. not in a "go for the gold" sorta way, but it might not be a terrible idea to get it checked out, $100 doctors visit to make sure nothing is up is a little extra insurance for yourself (i'm guessing right handed).

I've gone a month with a broken wrist that just kinda hurt, sometimes problems aren't terribly noticeable, but they can cause problems (cramps up every now and again) down the road.
 
Ajetpilot

Ajetpilot

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Olalla, Kitsap County, Washington, USA
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uncoolperson wrote:
I'm only going off what i've been told (not a doctor or anything).... but if the wrist grab hurt alittle more than it should it may have caused some actual damage. not in a "go for the gold" sorta way, but it might not be a terrible idea to get it checked out, $100 doctors visit to make sure nothing is up is a little extra insurance for yourself (i'm guessing right handed).

I've gone a month with a broken wrist that just kinda hurt, sometimes problems aren't terribly noticeable, but they can cause problems (cramps up every now and again) down the road.
Click to expand...
If, and I'm hoping you do,see a lawyer, he may have a particular physicianwhom he would like you to see.
 
S

ScottyT

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Apr 7, 2008
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Salt Lake City, Utah, USA
imported post

Wow! Assualt and illegal search and seizure to start...

I am planning on moving to the greater Seattle area by next summer, glad I have something to look forward to... :banghead:
 
S

sv_libertarian

State Researcher
Joined
Aug 15, 2007
Messages
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Location
Olympia, WA, ,
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ScottyT wrote:
Wow! Assualt and illegal search and seizure to start...

I am planning on moving to the greater Seattle area by next summer, glad I have something to look forward to... :banghead:
Click to expand...
Everett really isn't part of the greater Seattle area. Well sorta...
Snohomish County is interesting. I have a friend who says the "wonderful" thing about Snohomish county is that "no one can hear you scream" Otherwise it's a decent enough place:D
 
A

Agent 47

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, Washington, USA
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I think I may have figured it out, we went years enjoying the good relationship Snohomish county deputies have had with OC'ers and now just in the last few months we have had several very bad encounters with them. In my case they even went out of their way and across jurisdictional boundaries to harass me. Sheriff Bart had been one of the most gun friendly sheriffs we have had in a long time. He was up to date on gun laws and supported the peoples right to bear arms openly. Now we have, only a couple months ago, Sheriff Luvic taking office, the first time I met him he guardedly expressed his dislike of peoples gun rights and expressly said he would absolutely refuse to sign a form 4 for a silencer transfer. In fact he has since signed a couple of them but it took a lawyer threatening to sue the department if he didn't. Luvic is a former Washington state patrol officer who's law enforcement career is centered in the time when RCW 9.41.270 was used to ban open carry. Effectively he has been out of the loop and has missed all the progress the open carry movement has had in this state and in Snohomish county. He is imparting both his misunderstanding of the law as well as his personal dislike of RTKABA onto his deputies and in turn the deputies who share his dislike of citizens who legally carry are breaking the law with little fear of disciplinary actions coming from higher up.
 
S

sv_libertarian

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Olympia, WA, ,
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Agent 47 wrote:
I think I may have figured it out, we went years enjoying the good relationship Snohomish county deputies have had with OC'ers and now just in the last few months we have had several very bad encounters with them. In my case they even went out of their way and across jurisdictional boundaries to harass me. Sheriff Bart had been one of the most gun friendly sheriffs we have had in a long time. He was up to date on gun laws and supported the peoples right to bear arms openly. Now we have, only a couple months ago, Sheriff Luvic taking office, the first time I met him he guardedly expressed his dislike of peoples gun rights and expressly said he would absolutely refuse to sign a form 4 for a silencer transfer. In fact he has since signed a couple of them but it took a lawyer threatening to sue the department if he didn't. Luvic is a former Washington state patrol officer who's law enforcement career is centered in the time when RCW 9.41.270 was used to ban open carry. Effectively he has been out of the loop and has missed all the progress the open carry movement has had in this state and in Snohomish county. He is imparting both his misunderstanding of the law as well as his personal dislike of RTKABA onto his deputies and in turn the deputies who share his dislike of citizens who legally carry are breaking the law with little fear of disciplinary actions coming from higher up.
Click to expand...
Probably hit the nail right on the head. I do believe they are about to get a rude awakening in the form of a lawsuit...
 
S

ScottyT

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Salt Lake City, Utah, USA
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I am horribly broke at the moment, but if you set up an account for legal fees I would gladly pitch in $10 or so. I know it is not much, but it is what I have and if everyone could do at least that much it would go a long way to defraying the cost of a lawyer!
 
J

joeroket

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Dec 5, 2006
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Everett, Washington, USA
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just_a_car wrote:
joeroket wrote:
I agree and know what implied consent means but how is Subway going to record thier announcement that you are being recorded. That was my point of the post. Or am I reading the RCW wrong?
Click to expand...
Easy, make sure the sign that says "You may be videotaped on these premesis", or other some-such signage, is visible in the video.
Click to expand...
The RCW deals with the audio portion not the video portion. Since they are only dealing with audio then it can be deduced that the audio portion of the recording must have the announcement that it is recorded in it. This is not possible unless you play a message over the PA that states all audio is being recorded or have a greeter at the door state it to every patron.
 
Wheelgunner

Wheelgunner

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Kingston, Washington, USA
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I carry my little recorder just for such a situation, but I always thought I would get some warning! A smash, takedown and cuff is extraordinary, but not unexpected given the increasing LE hostility toward OC.

He was just trying to make a point to all of us, that we are not living in the 1800's and we damn well better stop infringing on the modern "right" that only police officers should be allowed to OC and cut out that damn Constitution talk or they will give out a few broken wrists.

This could grow into an interesting News story, the relationship between law abiding citizens, most of whom have perfect records (CC permits), most of whom know more aboutfirearms, ballistics, ammunition and general weapons technologythan the police and police officers who feel that ONLY they should open carry, despite the law. Anyone know a good reporter?


:X
 
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