EDIT: Removed as a precaution.
If you quoted any part of this post please delete the quotes. Thanks.
"You know our hours are billable. I don't want to have to do that, but you're wasting our time." I argued that they should be talking to the person who called them - he wasn't impressed."
Were do the cops get off saying they are going to bill you for assualting, branishing a firearm, illegally arresting and harassing someone? Personally i hope you file a lawsuit and get the cops involved with the crime fired.
Check with some trial lawyers - you may have enough damages to make it worth while to sue. If not, formal complaint is the way to go - to help make sure they are on notice for next time.
CA_Libertarian wrote:What was that CA_Libertarian,.. a full year before you were contacted by police for your open carry? If you were doing it for attention, you must have been doing something wrong, because clearly- you would have been contacted by police before now, right? Perhaps we need more conspicuous pistols.As Officer Briggs cuffed me, he said, "I think you're just doing this do get attention." As he put me in his car, he stated, "you brought this on yourself, now get your legs in!" (The back seat is not made for people over 5'2" apparently so this was a task.)
I was then informed by Rodriguez that I was "under arrest for carrying a concealed weapon," and then read me my rights.
Yes, you must have brought it on yourself, excersizing a fundamental right ensconced in the Constitution and affirmed by the Supreme Court- If only these police could understand that what they are doing is tantamount to arresting Rosa Parks for asserting her desire to sit where white people were entitled to.
And when they do trot out charges, they get it completely wrong... Backwards even...What could possibly be completely more opposite to 'concealed' than to be carrying 'exposed'?
I'm pleased that they released you with your property. I'm sorry that your detention was so uncomfortable and protracted. If you need any assistance in your legal expenses, please let me know if I can help.
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
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Well done CA_Lib, it sounds like you did about picture perfect. Good luck with the attorney.
Geez, sorry to hear you were harassed so badly. I don't understand how police can illegally detain you and then instead of apologizing that they made a mistake, they scold you for acting within the law. The police have no business interacting with law abiding citizens, and when they screw up as badly as they have done here, they should face the music and profusely apologize for wasting _your_ time and putting you through unneeded stress and physical pain.
I have several police officers in my family, but whenever I interact with cops, they are always jerks (actually, my one interaction with two CHP officers was very professionally done, big props to them). To me, they're just another citizen who happens to have a different job than I do. They aren't better than anybody else, but they should be held to a higher standard when it comes to knowing the law, since that is what they are paid to do.
I'm glad you weren't arrested, and I hope the variety of illegal things that occurred here will be accounted for.
You also have this avenue available, for what it's worth;
The FBI is claiming on this web page that they take abuses under the "color of authority" very seriously. It doesn't cost anything(I hope) and, after all, it IS what we are paying them for.
I too was kind of surprised that you werent detained earlier ? Seems to me they are going to make it miserable on you now. I dont think a lawyer is going to hep out to much because you werent arrested but just detained. Especially if someone called in to the police stating there is a man with a gun in the park.They have to check it out and they seemed to use standard protocol. Yes, you will get the usual bitch session but its no grounds for a lawsuit. Weather they had probable cause or not to search your vehicle,Thats what i would focus on. Keep us informed!
I'll disagree with you there Rickster. The police should know that merely carrying a firearm isn't against the law and should know that the only lawful interaction they can do to CA_Libertarian would be to perform a check to verify that the gun is unloaded as provided to them by 12031(e).
Instead they detained him without reasonable articulable suspicion, and then (as you mentioned) illegally searched his vehicle. They also held him for a full hour, which (according to "You & The Police" by Boston T. Party) is probably too long to detain a person. Boston says that the police need a "reasonable" amount of time to find probable cause, and usually this only takes 20-30 minutes. In addition they handcuffed him and put him in the back seat of a police car, which also gives the impression that he was arrested and then after they realized their error, unarrested. The search on his automobile is illegal because his car was parked when he was approached by the police. They should have needed a warrant to search his vehicle and they should have had probably cause, they had neither.
It sounds like they arrested CA_Libertarian for carrying a concealed weapon without probable cause, did a search incident to the arrest without a warrant or probable cause, and then they even gave him an unlawful order to not get his weapon in front of them.
To me this sounds like he has an awful lot to complain about. I know I would.
CA_Lib, props for keeping your cool. And hope you're feeling better.
Definately talk to an attorney about a civil suit. And if that's not possible, definately file a police misconduct report.
This should serve as yet another warning to all California OCers to carry personal voice recorders, and keep em running. Also, carry extra copies ofthe flyers and/or pamphlets with you, and of course know the laws well. I put a folded up copy of the flyer in one of my magazine holsters, and copies of my preamble card with my ID.
Well played CA_L, good form!
Edit: Thought better than to statethis. I plead the 5th.
I hope you update this subject as many of uswould like to see how this all turns out in the near future.
My deepest thanks for going through this. I'm confident it will help all
of us in California. I'm feeling a desire to visit Turlock now...
CA_Libertarian wrote:False arrest, battery and illegal search. Contact the US Attorney and file a criminal complaint against these ahole cops. Then see a lawyer about a tort action in state court.The very words out of Officer Rodriguez's mouth were "you're under arrest for carrying a concealed weapon." I was arrested... I realized my error in the post title after it was too late to change it...
"For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V
How do you spell shakedown? "turlock pd"
Sorry you went through this. Really, I hope you do this: sue these arrogant criminals w/ badges!
Thank you all for the encouragement. Rest assured that I intend on pursuing this through all legal avenues.
Take pictures of your wrists and go see a doctor for further documentation of your injuries (I sure this has already been recommend by your "right person").
12-O-31 hope it helped linguistically.
I've removed the OP as a precaution. It's going to be a week before I get council, and my guess is this would be advisable.
If you quoted any part of the arrest incident I posted, please edit/delete it from your posts.
Thank you; I'll keep you all posted as soon as possible.
Well it looks like they will be trying to intimidate us into not carrying now. Sorry for the issue and please keep us updated once you are able to do so. I hope those in here remove your "quoted" responses a.s.a.p. OR get a mod to edit them for you if need be. You never know how long it might take a person to re-read what you wrote or log back in here anyways.
I am counting 2-3 now in california who have had issues within 3 forums so far and it will only become more and more frequent as more and more of us open carry. It might take a few of these b.s. issues to happen before our rights are finally protected.
I think it would be great to "Back" those in court if need be and wanted as well. Our rights are OURS given by our constitution and even our state and has ZERO to do will ******** cops trying to play an authoritarian role.
Perhaps you might want to review a few of your other posts on this thread as well. It couldn't hurt to recheck them.