Harassment for OC in Dothan Area

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My 2 cents, take it for what it is worth...Seems to me that both parties are in the wrong. You stated something to the effect that you were having problems with getting a tag for your car and one of the officers was aware of it. Sounds like the problem was not fixed so you got stopped again and they were tired of telling you over and over again to get the vehicle off the street...or... being a small town and your cousinhappens to bethe mayor, there could have been something he did to set them off. You all knowhow small townAmerica can be. Hollywood has made movies about it. LOL.But that is justmy assumption.

Now for the cops, the nicest thing I can say is, what a bunch of BUMS.

I would most definately contact the department(s) and file a complaint and also talk to a lawyer!

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I agree on the complaint, or it will just happen again to someone else, maybe worse next time. The chiefs may start educating the officers on the law and their responses.

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cowboy67 wrote:

My 2 cents, take it for what it is worth...Seems to me that both parties are in the wrong. You stated something to the effect that you were having problems with getting a tag for your car and one of the officers was aware of it. LOL.But that is justmy assumption.

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Could the tag problem be that the states computer says it is invalid, but you paid
for it and were issued it so the tag is valid despite the governments claim.
Lets not assume the woman running for Gov on the libertarian ticket running around
in a car not authorized to be on the road is at fault here.

They try and claim they are revoking my tags all the time when I refuse to
show my papers when not required. I could care less what there computers
say, I have my receipts and can prove otherwise.

But you still have 1 cent left......
+1 for having a girlfriend with her own permit. :celebrate that beats a BUG every time!

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My 2 cents would be to get a lawyer and pursue this all the way, This could be a way to get OCing out in the open more and start the educating of LEO across the state and to try and stop the harassment of OCing..

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Saying that both parties are in the wrong is sort of misleading. It's like I flip you the bird and you shoot me. We are both in the wrong, but where should the focus be?

If the facts are as stated (I can't make heads or tails of the recording. My hearing is really poor.), the the cop is horribly, horribly in the wrong and should be disciplined.

The person who recommended taking action that ensures a paper trail is spot on. This cop needs to know that, if he ever face-plants someone for OC, he will face charges!

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Absolutely right.

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I would file a formal complaint and maybe even a restraining order because he threatened you. You defiantly should NOT let this go

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What does your cousin the mayor have to say about it all?

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It's sad that there are so many cops like that and sadder still that the South has such a disproportionate share.

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SlackwareRobert wrote:

cowboy67 wrote:

My 2 cents, take it for what it is worth...Seems to me that both parties are in the wrong. You stated something to the effect that you were having problems with getting a tag for your car and one of the officers was aware of it. LOL.But that is justmy assumption.

Click to expand...

Could the tag problem be that the states computer says it is invalid, but you paid
for it and were issued it so the tag is valid despite the governments claim.
Lets not assume the woman running for Gov on the libertarian ticket running around
in a car not authorized to be on the road is at fault here.

They try and claim they are revoking my tags all the time when I refuse to
show my papers when not required. I could care less what there computers
say, I have my receipts and can prove otherwise.

But you still have 1 cent left......
+1 for having a girlfriend with her own permit. :celebrate that beats a BUG every time!

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Could you expound on what you are talking about here?

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I listened to the audio but it was really hard to make out. Neither one of the guys actually sounded like they were being hostile. They just have the ever so popular "elitist" (ignorant) attitude. I'd say I agree with the posters saying you should at least file a complaint. Not only that, but on a personal note I would make sure that they know you don't appreciate the "elitist" attitude that somehow they know more about self defense and firearms than you do simply because they have a uniform, badge, patrol car, and an issued Glock. That would offend me personally if I knew them.

Most cops that I speak to about OC are open to the idea that they "don't know it all", and who can expect them to? Try memorizing 13A and then you can say you know it all. It's impossible. I've only met one cop who blatantly argued with me about OC even after showing him the laws on it, but then he finally came around recently after another went to the magistrate (who verified it's legal).

The elitist remarks about you "freezing" were uncalled for, as were the physical threats that "if I didn't know you I'd..." were also uncalled for and should be dealt with. As far as the "secure that weapon and go home at the end of the day" argument, I can understand why cops do this (disarm), but at the same time, I do not like it. The concept of "I have a badge so I am armed and you are not" does not sit well with me. However, if I had been in their shoes and been shot at before or something, I can understand why they would want to secure a weapon, but ALSO, they knew what they were signing up for when they joined up. If they are that scared I think they may have chosen the wrong profession. Disarming people is not law enforcement.

Federal, state, county, and city "protectors" have somewhat become the "oppressors" in reference to freedom.

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OP - if you do not pursue this to the utmost you are doing the rest of us a great disservice. This is the kind of thing that happens all too often. Each and every incident like this needs to be reported to superiors and possibly a lawyer. This the ONLY way that these guys (overzealous LEO) will ever learn what the law really is.

JMHO,

MT

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This will be a short post.

I wasn't recording today, phone was dead, but I didn't stop by the local police station to talk to the officer in the recording and after a short debate he called up the Houston Co DA. He explained that they would be more than happy to prosecute any case of open carry that he might come across. I was told that I could "do what I wanted to but I would probably get arrested and they would be glad to take it to the highest authority in AL, the supreme court, and if I had enough money to fight it then by all means go ahead and do it."

All please remember that this is coming from the DA for Houston CO..... how much higher should I go for a legal information?? AG Troy King?? Maybe a letter from him stating exactly what my rights are??

I also gave them a print-out of the ALOC trifold and they blew it off as if it was rubbish and of no consolation.


Thanks,
James

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You need a lawyer, dude.

The DA and police should probably be notified formally, in advance, that OC is legal and that they will be held personally responsible if they knowingly harass you for acting legally.

It would be better if the situation were resolved before the courts got involved. Test cases are nice, as long as you are not the test-casee.

Maybe the OC community (or the--ugh--ACLU) can help you get a lawyer at no or little cost. If you have a civil suit due to the threat of the officer, you might find a lawyer who will work for the possibility of a piece of the action.

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Well, do you need to work? Are you rich enough to afford a lawyer and a few days in the hole?

This has "false arrest" written all over it. They usually settle those quietly, before they get too expensive.

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I actually employ one of the best atty in the dothan area.... idk... you get what you pay for and he is not cheap. I am really split on this issue bc I want to further OC and the acceptance of it but I also don't want the whole freaking town hating my guts bc I "got the chief in trouble". It sounds stupid to some but my whole family lives here.

On one hand I want him and everyone else in the area to see that it is legal
On the other I hate confrontation with people I know, too much of a nice guy

Thanks,
James

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Bamafirefighter22 wrote:

....All please remember that this is coming from the DA for Houston CO..... how much higher should I go for a legal information?? AG Troy King?? Maybe a letter from him stating exactly what my rights are??

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Allow me to direct you to a post I made a while back:

http://opencarry.mywowbb.com/view_topic.php?id=32247

One of our members has been kind enough to host all pertinent AL caselaw on OC (and CC) in one location and you'll find the link in that post. Unless you get a lawyer not worth his/her salt, or a corrupt judge, your DA will lose any case he brings against you for OC and you will be entitled to compen$ation for false arrest, civil rights violations, etc. You should check out posts regarding recent settlements in similar situations in Alamogordo, NM (http://www.examiner.com/x-2782-DC-G...police-pay-21000-to-settle-open-carry-lawsuit) and Gonzales, LA (http://www.2theadvocate.com/news/27706824.html).

The legal precedent has already been set several times in AL and courts are loathe to go against precedent, especially when the constitution and laws are so clear.

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Bamafirefighter22 wrote:

I actually employ one of the best atty in the dothan area.... idk... you get what you pay for and he is not cheap. I am really split on this issue bc I want to further OC and the acceptance of it but I also don't want the whole freaking town hating my guts bc I "got the chief in trouble". It sounds stupid to some but my whole family lives here.

On one hand I want him and everyone else in the area to see that it is legal
On the other I hate confrontation with people I know, too much of a nice guy

Thanks,
James

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Show your lawyer the caselaw. He should be willing to back you up in such a clear case. BTW, maybe YOU need to be the Sheriff or the Mayor or the Police Chief. (Kind of reminds me of the movie "Walking Tall".)

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Bamafirefighter22 wrote:

This will be a short post.

I wasn't recording today, phone was dead, but I didn't stop by the local police station to talk to the officer in the recording and after a short debate he called up the Houston Co DA. He explained that they would be more than happy to prosecute any case of open carry that he might come across. I was told that I could "do what I wanted to but I would probably get arrested and they would be glad to take it to the highest authority in AL, the supreme court, and if I had enough money to fight it then by all means go ahead and do it."

All please remember that this is coming from the DA for Houston CO..... how much higher should I go for a legal information?? AG Troy King?? Maybe a letter from him stating exactly what my rights are??

I also gave them a print-out of the ALOC trifold and they blew it off as if it was rubbish and of no consolation.


Thanks,
James

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Well the first thing I would do is make sure he was talking to the DA and not calling his own voice mail box or something. I had 2 local Mobile city cops go to their magistrate about OC and both times the verified that it was legal. Although one told him that it could also depend on the holster and how much "it" concealed the pistol. Hogwash.

What do you mean as if they "blew it off" about the tri-fold? If a cop shows blatant disregard for the law, then that can get them canned.

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"I think you're lying."
What a great way to start off a 'friendly' conversation between 'friends'.

"I gar-ron-tee you're gonna freeze."
I hate when people say it like that that. My dad says it like that, and it just makes him look like a jerk.

"All it's gonna do is put a target on your head... I would walk up behind you... and put a bullet right in your head."
:what:What a great guy! Does this happen regularly in the state of Alabama and I have just missed it? Cops and citizens killed while walking down the street by some criminal for no other reason than having a gun? The first time I heard it I thought the cop had threatened to shoot you if he saw you again, and on the second listening it wasn't that far off. It doesn't matter if they are your 'friends' or not, they were in the wrong and them being in the wrong can get people killed.

Although I think you shouldn't have touched your gun (that IS asking to be shot), I'm glad you did. Can you imagine their reactions if you had had a gun in the holster? We might be hearing about you on the news.