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Detained while OC'ing in Cary today

HankT

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DonTreadOnMe wrote:
I for one will not and can not see equating a momentary loss of sitation awareness.......with the actions of these officers.
Fallacy: Implication that someone "equated" Smith45acp's SA failure with the LEO malfeasance.

Called. No one has done that.


DonTreadOnMe wrote:
One was being human and making a simple mistake, the officers decided on the course of action that put everyone at risk.
But the mistake could have lead to catastrophic results. So it's important for us to learn from the OP: Losing situational awareness can be dangerous--even when it's a LEO interaction--not a BG interaction. The SA failure inadvertently enables the officers' dangerous actions.



DonTreadOnMe wrote:
Do I think it is fair to give Smith45acp an little criticism...sure. I am guessing he has beaten himself up even more over it.
Again, a frank and informative discussion of the incident, including the "criticism" benefits all of us. Especially in areas where OC is new to citizens, stores, and LEOs.

Smith45acp was kind enough to share his story. He has made a fine contribution to the ongoing discussion...



DonTreadOnMe wrote:
The true error in this situation is actions of the officer Harris.
Fallacy: There is only one significanterror in this incident.

Called. There was more than one. Including Smith45acp's...
 

DonTreadOnMe

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HankT wrote:
DonTreadOnMe wrote:
I for one will not and can not see equating a momentary loss of sitation awareness.......with the actions of these officers.
Fallacy: Implication that someone "equated" Smith45acp's SA failure with the LEO malfeasance.

Called. No one has done that.

Excuse me?

You use the exact same language to describe both in consecutive sentences....if that is not equating I dont know what is.


HankT wrote:

Exactly right. The officers acted improperly and, probably, in a very dangerous fashion.

It is also why Smith45acp acted improperly and, probably, dangereously by not being

Tell me does the T stand for Troll?
 

Smith45acp

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DonTreadOnMe wrote:
Do I think it is fair to give Smith45acp an little criticism...sure. I am guessing he has beaten himself up even more over it.
If you read my OP carefully you'll see I had two motives. The first is to share the experience. And the second was inviting criticism. In retrospect I definitely would have done some things differently.

I reacted perfectly to being grabbed by a cop. The less you struggle the less anyone gets hurt every time.

The problem is there was a moment, albeit a fleeting, split second, where "someone" was grabbing me and I didn't know who it was. I may have been able to struggle had it been a bad guy but I doubt it. I think that if two people capable of "handling themselves" get the jump on you while you're at a sales counter and the first thing they do is incapacitate your strong side arm your options are limited. I have a small amount of experience with Jiu Jitsu and once you have someones wrist up towards the middle of their back it takes very little further effort to go ahead and snap their shoulder out. I'm far from invincible, unfortunately!




:::UPDATE:::

Sent in my official FOIA request for the (edited to remove personally identifiable info) 911 tape(s) to Cary this morning. Officer Davis is the custodian of these types of records and just called me to say hey this will be no problemo, very friendly guy.

ASSUMING they're able to find the info I'm requesting (I asked them to look for two callers in the given time frame) I should have the CD this afternoon. Of course as soon as is possible I will share that with the board, whether it's good or bad it will be a learning experience for all!
 

glockaholic

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Smith45acp wrote:
Sent in my official FOIA request for the (edited to remove personally identifiable info) 911 tape(s) to Cary this morning. Officer Davis is the custodian of these types of records and just called me to say hey this will be no problemo, very friendly guy.

Wow, that was fast! They aren't required by law to fulfill these requests until 5 business days have passed. Glad to hear they are treating you right.

I look forward to hearing about what you get.
 

DonTreadOnMe

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Smith45acp wrote:
DonTreadOnMe wrote:
Do I think it is fair to give Smith45acp an little criticism...sure. I am guessing he has beaten himself up even more over it.
If you read my OP carefully you'll see I had two motives. The first is to share the experience. And the second was inviting criticism. In retrospect I definitely would have done some things differently.

I reacted perfectly to being grabbed by a cop. The less you struggle the less anyone gets hurt every time.

The problem is there was a moment, albeit a fleeting, split second, where "someone" was grabbing me and I didn't know who it was. I may have been able to struggle had it been a bad guy but I doubt it. I think that if two people capable of "handling themselves" get the jump on you while you're at a sales counter and the first thing they do is incapacitate your strong side arm your options are limited. I have a small amount of experience with Jiu Jitsu and once you have someones wrist up towards the middle of their back it takes very little further effort to go ahead and snap their shoulder out. I'm far from invincible, unfortunately!




:::UPDATE:::

Sent in my official FOIA request for the (edited to remove personally identifiable info) 911 tape(s) to Cary this morning. Officer Davis is the custodian of these types of records and just called me to say hey this will be no problemo, very friendly guy.

ASSUMING they're able to find the info I'm requesting (I asked them to look for two callers in the given time frame) I should have the CD this afternoon. Of course as soon as is possible I will share that with the board, whether it's good or bad it will be a learning experience for all!
As I see it, an unannounced invading of an OCers personal space(grabing at them or ones firearm) is inviting a defensive response. I am glad for you, that the officer did not end up hurt, and you with a huge legal headache or worst.

Good job following up on this, BTW!
 

chiefjason

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Smith45acp
Sent in my official FOIA request for the (edited to remove personally identifiable info) 911 tape(s) to Cary this morning. 
[/quote]

Did you mention dash cam or audio, text, cell phone, email? Just curious. If I was in their shoes I would only give up what I was asked for. If I were in your shoes I would ask for everything I could think of. Or is there a limit to what you can ask for? Even personal cell phone use on the job is public record for LEO's. And ALL phone calls into a PD should be taped at the PD.
 

Lawmaker

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I've answered your question, now a couple for you, Lawmaker:

Do you believe that the actual caller was/is "anti-2A" ?

Do you believe that "the citizen should ...be cited for criminal misuse of the emergency dispatch system and punitively fined?"

I'd like to know your considered opinion...

Yes anti/2A and/or unaware of the laws.

I think that her name should be recorded as calling in a false statement so that if it is done again more information would be required. Also she should be called back by one of the officers of this department and explain that no laws were broken. And/or a house visit.
 

Anthony_I_Am

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North Carolina has a "abuse of 9-1-1" charge but I think the cops have to be the complainant.





Have you seen a doctor about that injured rotator cuff where the police brutalized you while you weren't breaking any laws??? Get a copy of the medical record before you leave the Dr.s office.
 

Smith45acp

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:::UPDATE:::

Ok here's the deal.

I got a copy of the call made to a non emergency number, there was only one call which is contrary to what Capt. McCormick told me over the phone last night. I also requested and received the associated radio traffic.

The call is from the woman I suspected it came from.

Although I was told before receiving this audio that the caller's name and personally identifiable info would be edited out, and I even asked for confirmation of that when the tape was handed to me, her full name and phone number are included in my audio copy.

Here are the highlights. Woman calls in and first off confirms she is on a non emergency line. She then describes the situation as follows:

There is a man in kinkos with a firearm stuck in his waistband, it's not even in a holster. One of the employees asked him if he had a concealed permit and the man refused to answer him. Is he allowed to refuse to answer that employee? The employee asked him to conceal it and he said he'd prefer not to. He's making a lot of the people in the store nervous because he's standing around with a pistol visible. She clearly states "I mean, HE HASN'T DONE ANYTHING INAPPROPRIATE" Look I don't want to stir up any trouble but...

She also gives a physical description which makes me a little older and a lot shorter than I am :(

The operator says ok we'll send someone out to check his permit.

And you know how things unfolded from there. This is how you can be expected to be treated in Cary if an officer wants to check your concealed carry permit while OC'ing!!!

Since the tape is not exactly what I was expecting, if you know what I mean, I'm going to need some help editing her name and phone number out of it. I don't think it's appropriate to post that on a public forum but I can't wait for you guys to hear everything else. I think I've got someone who can do it for me but I'll take volunteers as well!

I FEEL THE BEGINNINGS OF VINDICATION!!!!
 

glockaholic

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Smith45acp wrote:
Since the tape is not exactly what I was expecting, if you know what I mean, I'm going to need some help editing her name and phone number out of it. I don't think it's appropriate to post that on a public forum but I can't wait for you guys to hear everything else. I think I've got someone who can do it for me but I'll take volunteers as well!

I'd be happy to help if you can't get your guy to do it. I run a podcast so I have the software necessary to cut out the identifiable information.
 

wylde007

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The wages of sin is death.

The wages of filing a frivolous police report (read: being a douche) is to have your personal information distributed all over the internet.

Fair's fair.
 

Smith45acp

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glockaholic wrote:
Smith45acp wrote:
Since the tape is not exactly what I was expecting, if you know what I mean, I'm going to need some help editing her name and phone number out of it. I don't think it's appropriate to post that on a public forum but I can't wait for you guys to hear everything else. I think I've got someone who can do it for me but I'll take volunteers as well!

I'd be happy to help if you can't get your guy to do it. I run a podcast so I have the software necessary to cut out the identifiable information.
My brother says he'll do it tonight but if you can get to it before then shoot me a pm with your email and I'll send them to you.

Major Wulff who handed the CD to me just called to say that all the information on the cd was public record and he was mistaken when he told me it would not be included the first time. EVEN STILL I am not in the business of making other people potential victims of harassment so I'm going to hold off until I can get it edited out. If someone wanted the whole thing they could just make the same request I did.
 

HankT

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wylde007 wrote:
The wages of sin is death.

The wages of filing a frivolous police report (read: being a douche) is to have your personal information distributed all over the internet.

Fair's fair.

What do you think the woman caller did wrong, W007?

Do you really think she made a "frivolous police report?"

Make your case. And be specific.
 

Smith45acp

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wylde007 wrote:
The wages of sin is death.

The wages of filing a frivolous police report (read: being a douche) is to have your personal information distributed all over the internet.

Fair's fair.

I hear you, and before I heard the tape I felt the same way about her. Besides her exaggeration in saying I was making everyone nervous, and she didn't quite get my exchange with the employee correct, or the fact that it was in an IWB rig and a few other semantics.... She really is just a nervous nelly mom who knows nothing about firearms laws and is calling to ask a bunch of questions (I wish she had asked me!). That's why I'm so much more upset with the way Cary PD handled it knowing what information they were working with. I don't blame her for my bad morning yesterday NEARLY as much as I blame the people we pay to know better, the responding Cary PD.
 

wylde007

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HankT wrote:
What do you think the woman caller did wrong, W007?
She called the police on a person whom she knew was not a danger. The man only made her "uncomfortable" and because she felt that way she projected that opinion onto everyone else in the store.

Do you think she went around to the other customers and said "That man over there is carrying a gun, doesn't that make you uncomfortable?" which is, of course a loaded question.

Now, kindly stop interfering. Grown-ups are talking.
 

Dreamer

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An apparently she doesn't know what a nice, high-quality IWB holster looks like. The Supertuck has 2 large black plastic clips that go over your belt (about 1" wide x 2" tall) with big crosses cut out of their center. Sure the Supertuck is a "deep cover" IWB holster, but it's not completely invisible, ESPECIALLY if you are using it to OC...

Maybe it wasn't you rgun sh ewas offended by, but the crosses on the holster clips. Can you say "religious persecution" boys and girls? Can you say "Federal Civil Rights Violation?...


HOWEVER, all that said, I think this incident is a PERFECT example of why you should use a proper OWB holster if you are going to OC. An IWB holster can give the impression to a non-gunnie, that you are trying (unsuccessfully) to hid your gun, and it might appear (to someone who's only experience with firearms is watching COPS) that you're carrying in a sort of "thuggish" manner, with a pistol just stuffed in your waistband. Ad this callers report appears to confirm that this was the case with her...

If your firearm had been COMPLETELY out in the open, in a Serpa, or a nice Bianchi or Galco leather holster, or even in a FOBUS or CompTac paddle holster--OUTSIDE your pants where it was in OBVIOUS and unashamed view of everyone, this may have gone down a lot different. (Probably not--this lady sounds like she is just a passive aggressive anti who wanted to ruin your day for "offending" her tender sensibilities).

So what are the takeaways for the OP from this incident?
1) get a reliable, decent-quality OWB holster with RETENTION!!!
2) NEVER let your SA lapse, and NEVER turn you rback on the front door of an establishment--ESPECIALLY when another customer starts to act hinkey or actively voices anti-2A sentiment,
3) ALWAYS have a voice recorder on you when you carry, and ALWAYS start it up at the first sign of ANY interaction-negative OR positive. Because you never know where an interaction will lead. And don't hit "STOP" until you are safely locked in your own vehicle...

Considering how this COULD have gone down, I think it's going to turn out OK. The BEST scenario would be if the caller got a visit from CPD to educate her as to firearms law in NC, and let her know that MWAG calls are SERIOUS business, and shouldn't be made when the person with a gun appears to be a perfectly normal, law-abiding citizen just going through is daily chores. AND the two officers should be disciplined for excessive force, making threats under color of law, and misquoting State statutes.

Will any of these things happen? Probably not.

But CPD is VERY lucky that the OP was not a retired Green Beret from Ft. Bragg, or an active-duty Force Recon Marine from Lejune. Had the OP been more "aggressively" trained in weapon retention and personal defense, there very well could have been a few broken noses, ribs, and hands on the other side of this incident. In fact we've seen that happen with a security guard in a mall involving another member of this forum...

Manhandling a citizen without any sort of warning or identification is very BAD police field procedure. The Cary PD is lucky that the OP was off his guard, and not ripped, trained and ready. This event COULD have turned out VERY badly for EVERYONE involved, and from the attitudes reported by CPD, if the OP would have reacted in ANY sort of defensive way to an attempt to manhandle and disarm him, he most likely would have been Tazed or worse...

It sounds like Cary needs to be the next location for a BIG state-wide OC event. Does anyone know a good restaurant in Cary that 1) doesn't serve alcohol, and 2) has outdoor dining areas? I'm thinking a REALLY BIG OC event this summer (when it gets warmer) might just be the thing that our oppressed brothers and sisters in Cary need.

Good luck with this one. I'd DEFINITELY be willing to make the drive to Cary to support any sort of large-scale OC event in the future...
 

lil_freak_66

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JDriver1.8t wrote:
You handled it well.
I would have asked them to escort me back into the store and apologize to me and tell the customers that witnessed the whole ordeal that I had not broken any laws.

My main problem is the way that they confronted you. That could end extremely badly for someone to accost an OCer without prior ID being given.

Generally speaking, when I am in places like that, unless I am specifically dealing with an employee I am not directly facing the counter. I usually stand at around 90* to the counter so I can see the store. Sometimes that is gun side out, sometimes it isn't.

a major thing we should practice is area awareness,and weapons retention.

there was another state on our forums,where a guy was OC'ing and then a security guard snuck up behind him and tried to grab the weapon he was OC,security guard got a round house kick and ended up in the hospital i think,OC'er not charged,guard potentially facing charges and a job loss.

good nobody got arrested.

but might i suggestmore control insituational awareness? just cuz that happened with an officer this time doesnt mean it couldnt happen witha BG the next time,i know there is no cases of that happening but theres always that potential that it could.(referring to being grabbed in that manner)
 
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