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http://www.reporterherald.com/news_story.asp?ID=23999
Loveland police accused of violating rights of man with holstered pistol at lake
By Jon Pilsner
Loveland Reporter-Herald
The American Civil Liberties Union has sent a letter to the Loveland
Police Department alleging that officers illegally searched and
briefly detained a man carrying a gun at North Lake Park.
On Thursday, the ACLU sent a formal complaint to Loveland Police Chief
Luke Hecker and 8th Judicial District Attorney’s Office chief
investigator Elliot Phelps.
The organization is questioning the way police dealt with Loveland
resident Bill Miller at North Lake Park on Oct. 7, 2008.
The ACLU has not sued the city but asked in its letter that the Police
Department turn over all records connected to the incident, including
internal review documents and discipline or training records of the
officers involved.
A spokesman for the ACLU said the organization would wait for a formal
response from both Hecker and Phelps before commenting.
The Loveland Police Department did not return several messages from
the Reporter-Herald requesting comment Thursday.
Miller, 71, said Thursday that he isn’t looking for anything for
himself, such as an apology, but rather he wants to teach a lesson.
“I would like to see police officers change the way they approach
people with guns,” Miller said in an interview.
“I hope that (police departments) know they need to operate within the
law and respect all of the constitutional rights of all the people.”
Miller was carrying an unconcealed handgun in a holster attached to
his waistband, he said, when he was approached by Loveland police
officers who had received a report of a man with a weapon in the park.
Miller wasn’t carrying the gun to protest or make a point, he said; he
was trying out a new holster he had made.
The police officers, according to the ACLU’s letter, seized Miller’s
pistol “without consent, and emptied it of ammunition.”
The officers then ordered Miller to give them his driver’s license,
over his objections.
After checking with dispatchers, the officers found that both the gun
and Miller were clear of any issues, and they returned Miller’s gun
and license.
They also “explained our and citizens’ initial concern over the
weapon,” the police incident report says.
Miller also said, the ACLU’s letter says, that the officers told him
he could expect similar treatment should “similar encounters occur in
the future.”
From the time officers first contacted Miller to the time they left
was about 16 minutes, according to a police incident report. No
charges were filed.
Miller sent a formal complaint to 8th Judicial District Attorney Larry
Abrahamson, according to a letter Phelps sent to Miller.
In that letter, Phelps told Miller the office considered the incident
an internal matter for the Police Department.
Phelps said residents have a right to possess and carry firearms, but
that “there is a fine line between the protection of an individual’s
rights and the protection of a law enforcement officer.
http://www.reporterherald.com/news_story.asp?ID=23999
Loveland police accused of violating rights of man with holstered pistol at lake
By Jon Pilsner
Loveland Reporter-Herald
The American Civil Liberties Union has sent a letter to the Loveland
Police Department alleging that officers illegally searched and
briefly detained a man carrying a gun at North Lake Park.
On Thursday, the ACLU sent a formal complaint to Loveland Police Chief
Luke Hecker and 8th Judicial District Attorney’s Office chief
investigator Elliot Phelps.
The organization is questioning the way police dealt with Loveland
resident Bill Miller at North Lake Park on Oct. 7, 2008.
The ACLU has not sued the city but asked in its letter that the Police
Department turn over all records connected to the incident, including
internal review documents and discipline or training records of the
officers involved.
A spokesman for the ACLU said the organization would wait for a formal
response from both Hecker and Phelps before commenting.
The Loveland Police Department did not return several messages from
the Reporter-Herald requesting comment Thursday.
Miller, 71, said Thursday that he isn’t looking for anything for
himself, such as an apology, but rather he wants to teach a lesson.
“I would like to see police officers change the way they approach
people with guns,” Miller said in an interview.
“I hope that (police departments) know they need to operate within the
law and respect all of the constitutional rights of all the people.”
Miller was carrying an unconcealed handgun in a holster attached to
his waistband, he said, when he was approached by Loveland police
officers who had received a report of a man with a weapon in the park.
Miller wasn’t carrying the gun to protest or make a point, he said; he
was trying out a new holster he had made.
The police officers, according to the ACLU’s letter, seized Miller’s
pistol “without consent, and emptied it of ammunition.”
The officers then ordered Miller to give them his driver’s license,
over his objections.
After checking with dispatchers, the officers found that both the gun
and Miller were clear of any issues, and they returned Miller’s gun
and license.
They also “explained our and citizens’ initial concern over the
weapon,” the police incident report says.
Miller also said, the ACLU’s letter says, that the officers told him
he could expect similar treatment should “similar encounters occur in
the future.”
From the time officers first contacted Miller to the time they left
was about 16 minutes, according to a police incident report. No
charges were filed.
Miller sent a formal complaint to 8th Judicial District Attorney Larry
Abrahamson, according to a letter Phelps sent to Miller.
In that letter, Phelps told Miller the office considered the incident
an internal matter for the Police Department.
Phelps said residents have a right to possess and carry firearms, but
that “there is a fine line between the protection of an individual’s
rights and the protection of a law enforcement officer.
