CaptainDan wrote:
ok here goes, the facts are as follows: She approached me, began firing questions at me, demanded awnsers and stepped directly in my personal space, before i awnsered the first question , I stepped back and she once again closed the gap. When I did not cower she literally shrank back , when I felt the tide turn during the course of the interogation I ended it by leaving. I never said she touched me, grabbed me or tried to disarm me. I even said I offered my ID and sidearm for inspection after she insinuated( after not producing this mystery paperwork) my firearm was stolen, and she declined. This officer TRIED to use intimidation to keep me EXACTLY where I was until I awnsered all her questions, TO HER SATISFACTION, she did not count on an educated citizen and it blew up in her face. I know without a doubt she planned on cuffing me but was shocked and didn't know what to do when I educated her. Now, the second officer was not only educated but also polite and actually very pleasant.
Now , I was stopped, bullied, and kept for interogation, that IS DETAINMENT.
I have no ill feelings, no sence of rape becouse NOTHING CAME OF IT, however it was detainment, perhaps not physical but she used her badge to stop me, question me and basically bully me. Will I persue this? no, I am not bleeding nor bruised and also becouse of this incident I found out that at least 1 LEO is on our side. Not a bad trade.
Thank you for clearing up the non-consensual nature of the encounter.
Please do make a formal complaint. I will explain.
I think you were deliberately harassed by a police officer who knew OC was legal.
With the level of verbal heat and pressure she was applying, it makes no senseat allthat,
if she truly thought OC was truly illegal in that parish, that she did not
- Take the offered ID.
- Take the offered gun for serial number checking.
- Write a citation.
That she kept badgering you about knowing whether the gun was legal, etc. just adds more weight.
Either she knew OC was legal and harassed you, or, she became unsure during your conversation.
In which case, she let a potential violator walk rather than call a magistrate to check the law while holding the violator. Right, becasue that really happens. I have all local magirstrate cellphone numbers on my Iphone. I also have a dumbass app, and as i read this, it is going off telling me you have way too much time on your hands. Go back to reading porn instread of trying to spout legal advice. Wikipedia is the other way.
If she knew at the outset that OC was legal, but wanted to harass you, she screwed up by illegally detaining you. If she became unsure while talking to you, she still screwed up by illegally detaining you. If she let a suspected violator walk, she still screwed up by illegally detaining you.
The key element here isnot that you were able to educate someone about OC, nor the 2nd Amend. The key element is violation of the 4th Amendment and her attempts at dissuading you from exercising another right--2A.
Whether a cop is mistaken about the legality of OC is rarely the issue in sour police encounters. The real problem is the LEO who takes non-consensual action without authority.
Here is a quote from
Terry vs Ohio. The court is quoting an earlier case:
No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pac. R. Co. v. Botsford, (emphasis added)
It would be the 4th Amendment you would be reinforcing with a formal complaint.
While you were able to withstand her infringements, many people do not know their rights. Yet, those people still have those rights. Even timid people who are intimidated by a cop still deserve their 4A rights.
The police know many people do not know their 4A rights. Some policeabuse that ignorance. Please take a few moments to let the police, that police officer via her supervisors,know they cannot continue such violations because some citizens really do know where the LEO authority stops.
Also, realize you would be doing her supervisors a favor. If they are good cops, they want to know if one of their troops is out of line. She may be a borderline cop with a few negative comments in her file already.
