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Well it finally happened

t33j

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I'm a student at ODU and carry any time I'm not on campus.

I drove to get some coffee from a place which boarders ODU property. Got in, bought my coffee, got out no problem. On the way back to my car parked down the street I noticed a friend and his girlfriend in their car so I stopped to chat for a few. About 5 minutes later an ODU police officer showed up and asked if he could talk to me. I obliged. He then said he noticed that I was carrying a weapon in view and just wanted to "verify" who I was. I gave him my name and he asked for my ID. I had no intention of reaching in my back pocket to get it, so I "did him a favor" and put my hands on the hood of is car so he could get my wallet (with a big orange "Guns Save Lives" VCDL sticker on the back :D). He made it very clear that I wasn't under arrest. At that point I started to get a little pissed about being treated like a criminal, but remained quiet while he checked for records.

Enter tool cop #1

The first officer who arrived was respectful and I guess the reason why I played along for the amount of time I did. Between the time he arrived, and the time I gave him my ID, 2 more ODU PD officers arrived. I think one of them was a detective. Well the detective wanted me to do him a favor and sit on the curb. I was tired of doing favors and asked if I was being detained. He said, "No you're not but I'm telling you to sit down." :what: To which I replied, "Why must I sit down?" He responded, "For my own safety..."

Wait a minute... So I'm not being detained, but I can't refuse to sit down. What's going on here?

I did not sit down. After a few seconds he yelled, "Sit on the curb!" I complied. Less than 5 seconds later I asked him if he realized he had to have reasonable suspicion to detain me. I got exactly what I expected in response... nonsense about me carrying a gun (i.e. exercising a civil right). Apparently, he was under the impression he had enough suspicion. So I told him I was pretty sure exercising my 2nd amendment rights was not reasonable suspicion for detainment.

The first officer then said he was going to take down some information for a field information card. I asked him why he needed the information. Reason: I was adjacent to a University (not a crime - neither would be carrying on campus) and they like to know who carries a weapon other than the police. He reiterated that I was not under arrest. Seeking clarification I asked if I was free to go right then. He said after he got the info he needed. I asked if I was being detained to which he replied yes. So he got my Norfolk address and cell phone number. He then asked if I knew about the "policy" (pleased he got that part right) about weapons on campus. He thanked me for my "cooperation" (more like my ability to obey). I went back to my friends car and he hug around... to watch I guess.


Thoughts?? Was this an illegal detainment? :uhoh:
 

peter nap

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t33j, you aint gonna like my answer.

No, you were NOT illegally detained. You hung around. The first officer told you you were not under arrest. Time to go.

This sounds harsh but NEVER COOPERATE. They are not your friends and trying to be cooperative is asking to be abused.

Cop number 1 asks if he can talk to you, ask what for.
He asks for ID, NO!
Ask if you are under arrest and he says no, you say "Then I'm free to leave"
If he says no....you are being detained.
If he says yes, GO!
 

peter nap

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I'd like to add that many OC'ers spend hours sharpening their shooting skills but spend no time preparing for an encounter with the police...which will happen sooner or later.

Cops role play all the time and are good at it. They teach some of it in the academy and pass on techniques between each other. It's a game to them.

I've never understood why a law abiding citizen would let themselves be minulipated like that.

Did you have your recorder?
 

t33j

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peter nap wrote:
I'd like to add that many OC'ers spend hours sharpening their shooting skills but spend no time preparing for an encounter with the police...which will happen sooner or later.

Cops role play all the time and are good at it. They teach some of it in the academy and pass on techniques between each other. It's a game to them.

I've never understood why a law abiding citizen would let themselves be minulipated like that.

Did you have your recorder?
Yeah, got it all.

This was my first negative encounter ever, cops or otherwise. I've really had no practice so I wasn't very sure of myself.

How is it I can cooperate and then be detained? Why would I not be able to leave at any time?
 

peter nap

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t33j wrote:
peter nap wrote:


How is it I can cooperate and then be detained? Why would I not be able to leave at any time?
It isn't just you. Law abiding people want to cooperate. The ones that are funny are the criminals. The number of people that have gone to jail because they said sure take alook, and had a trunk full of dope.:lol:

Just play it by the numbers. "Am I being detained? Am I free to go?

That puts the ball in your court. You can't be NOT free to go if you're not being detained.
 

TFred

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You know this has always bothered me.

I've read dozens of these reports, and I know it by heart. Am I free to go? Yes. Then go.

But why?

If I'm not detained, why should I not be FREE to STAY and continue my conversation, or read my newspaper on a bench, or whatever I may wish to lawfully do? Why should I be denied my present space just because I'm OCing and a "tool cop" happens along?

Maybe one day we will reach the point where "free to go" also means "free to stay... and without further harassment!"

Just some thoughts.

TFred
 

Citizen

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t33j wrote:
SNIP Was this an illegal detainment? :uhoh:

This is Virginia. We have detentions. Other states have weird words like detainment. :)

It sure sounds like it was illegal. The problem is one doesn't really know what information the cop has. He may have an exaggerated oraltered report from the 911 dispatcher to him.

You could FOIA the 911 call. If you think there was one. You didn't really say whether the cop passed you,got bug-eyed at at the gun, then turned around to come back and confront you.

This just covers the reason for the contact.It does not address yourinitial consent to the encounter. Your initial consent renders moot whether theearliest minutes of theencounter was illegal. SeetheBusted video at:

http://www.youtube.com/watch?v=yqMjMPlXzdA
 

Citizen

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t33j wrote:
SNIP After a few seconds he yelled, "Sit on the curb!" I complied.
At that point you were seized.

We conclude that a person has been "seized" within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.Examples of circumstances that might indicate a seizure, even where the person did not attempt to leave, would be the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled. US vs Mendenhall http://www.law.cornell.edu/supct/html/historics/USSC_CR_0446_0544_ZO.html

Unless the circumstances of the encounter are so intimidating as to demonstrate that a reasonable person would have believed he was not free to leave if he had not responded, such questioning does not result in a detention under the Fourth Amendment. INS vs Delgado http://supreme.justia.com/us/466/210/case.html
 

peter nap

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Citizen wrote:
t33j wrote:
SNIP Was this an illegal detainment? :uhoh:

This is Virginia. We have detentions. Other states have weird words like detainment. :)

It sure sounds like it was illegal. The problem is one doesn't really know what information the cop has. He may have an exaggerated oraltered report from the 911 dispatcher to him.

You could FOIA the 911 call. If you think there was one. You didn't really say whether the cop passed you,got bug-eyed at at the gun, then turned around to come back and confront you.

This just covers the reason for the contact.It does not address yourinitial consent to the encounter. Your initial consent renders moot whether theearliest minutes of theencounter was illegal. SeetheBusted video at:

http://www.youtube.com/watch?v=yqMjMPlXzdA
So you're saying he should have asked if he was under detention:lol:

It sounds like he was fishing, That's not illegal, just rude.
The real problem was giving cop number 1 his ID. Among other things, it put him on a leash.

When number two came up and wasn't nice, he didn't want to walk away because he needed his ID back.

Easier to Just Say No.
 

t33j

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Citizen wrote:
This is Virginia.  We have detentions.  Other states have weird words like detainment. :)

It sure sounds like it was illegal.  The problem is one doesn't really know what information the cop has.  He may have an exaggerated or altered report from the 911 dispatcher to him.

You could FOIA the 911 call.  If you think there was one.  You didn't really say whether the cop passed you, got bug-eyed at at the gun, then turned around to come back and confront you.

This just covers the reason for the contact.  It does not address your initial consent to the encounter.  Your initial consent renders moot whether the earliest minutes of the encounter was illegal.  See the Busted video at:

http://www.youtube.com/watch?v=yqMjMPlXzdA

  
He said he noticed I was carrying a weapon. That's it.
I suspect it was a call from an ODU bus driver parked a few spots away.

The bad part is I've watched that video more than once.
:banghead::banghead::banghead:

I'm still confused how my consent to provide ID = consent to be detained.
 

Citizen

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t33j wrote:
SNIP How is it I can cooperate and then be detained? Why would I not be able to leave at any time?
Your cooperation has no bearing on whether the cop has genuine reasonable suspicion of a crime before he approaches you.

Permit me to suggest for your consideration that a person who politely, verbally, fully exercises his rights is cooperating to the full extent required by law and patriotic citizenship.

Also, over a million Americans have died defending those rights. If I get yelled at, detained for four hours, or roughed up a little, I am getting off cheap.
 

Citizen

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t33j wrote:
SNIP I'm still confused how my consent to provide ID = consent to be detained.

It doesn't.

A detention is by definition involuntary. If you consent to an encounter, it means you are voluntarily participating. Recall the video--by consenting you make a search or seizure reasonable (where your 4th Amendment rights are only against unreasonable searches or seizures: "The right of the people to be secure in their persons, papers, houses, and effects against unreasonable searches and seizures shall not be violated.")

It is notwhether the cop says you are detained that makes the distinction. It is factorslike those listed above in Mendenhall.Think about it for a moment.A cop hauls a cuffedand searched prisoner to jail, books him, presents him to a magistrate, holds him for 36 hours, the entire time the cop is saying you are not arrested.Would thatreally mean an arrest did not occur?
 

peter nap

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t33j wrote:
Citizen wrote:

I'm still confused how my consent to provide ID = consent to be detained.
It wasn't. I confused you, sorry.

You voluntarily gave your ID and were not detained at that point.
The problem with the ID is twofold and not everyone agrees with me about that.

1. The cop was looking for something and didn't have any proof you did anything. Hanging around just gives him more time to find anything at all to use as Probable Suspicion.

2. You gave him your information and he made a contact card. Better to be the unknown contact.

By the strict definition, you were not free to go when cop number 2 told you to sit down. Actually, you could have walked away but didn't have your ID back and you let him intimidate you.

Remember this, if he had a reason to arrest you, he'd have done it. The rest was just fishing and giving him your ID and allowing him to take it out of your pocket was just playing his game.
 

Citizen

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t33j wrote:
SNIP He said he noticed I was carrying a weapon. That's it.
I know of no law that requires a cop to tell the detainee the cop's reasonable suspicion.

Google the term "permissible deception." Apparently cops are even allowed to lie to suspects.

Meaning he could well have had genuine reasonable suspicion, but wasn't telling. But, it does not sound like it. I'm not saying he did or didn't. I am saying we cannot know for 100% certain.

Fortunately you do not need 100% certainty to talk to a lawyer. Or, if a lawsuit is maybe more than you want to get involved in, you could file a formal written complaint.

You could FOIA the 911 tapes for that time to see if someone did call in. And the dispatch recordings to see if/why dispatch sent him to see you. If none, then it is even more probable that you were illegally detained.

But, realize the courts have been ruling about whethera given set of circumstances amounted to reasonable suspicion or not for years. For example, was it night? A high crime neighborhood? Did something about the circumstances make the cop think drugs and money had changed hands? I'm not posing the questions for analysis; I am posing them as examples of circumstances, of which there are probably tons more where a court has ruled there was enough for reasonable suspicion.

So, it might ultimately turn out it wasn't an illegal detention. It doesn't sound like it; but do not lose sight of it.

However, you are not required to know every court opinion and all aspects of the law before filing a formal written complaint. In your shoes, based on what you have told us, I would treat it as an illegal detention and file a formal complaint. Let the cops justify it--if they can. I would FOIA the records, 1) to close doors on making up justifications, and 2) just to double-check for legality to avoid wasting my time with a complaint.
 

t33j

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Thanks for your replies Citizen.

I was considering a formal complaint before I posted this. I wouldn't say a lawsuit is completely out of the question. I'm just not sure.

I sent a letter to the ODU PD a few months ago telling them about my intent to carry around ODU. Haven't been any problems since I sent it and I know other officers have seen me carrying. That leads me to believe they got some sort of call. However, the place all this happened was less than a 2 minute walk from their station so I suppose it is possible they were just driving by and noticed. The coffe shop I was at was less than 300 feet away from the station. Maybe they saw me leave from there.

I guess tapes would clear that up. The cars had dash cams but unless there was no call I'm guessing that wouldn't be very relevant to the reasonable suspicion bit.

My gun was not siezed but after I was told to sit on the curb, I felt siezed. For what reason?? If they had reasonable suspicion to begin with why tell me I was not under detention from the beginning?
 
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