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Letter to Editor

C

cabman1

Regular Member
Joined
Apr 1, 2009
Messages
985
Location
Jackson , Michigan, USA
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June 4th, 2010

FOIA COORDINATOR
State of Michigan: Hart Post 66
3793 West Polk Road
Hart, MI 49420-8132

RE: FOIA Request

Dear FOIA Coordinator:

On May 31st, 2010 at approximately between 0850 and 0920, Oceana County Sheriff Reserve Officers engaged in the detention and investigation of a man, 18-year-old David Thomas from Shelby, with a pistol on the sidewalk at the New Era Memorial Day Parade. As a result of the officer’s investigation, officers detained Mr. Thomas in a squad car.

Pursuant to the Michigan Freedom of Information Act, MCL §15.231, I am requesting copies of documents relating to the aforementioned incident including:

Everything below must contain the requested content with 1 hour before the incident and 6 hours after.

Any and all recordings of radio communications related in any way to the dispatch, response, or request for assistance by the officers involved with the incident;

Any and all raw video recordings of the incident, including patrol car video, without special software;

Any and all documents that identify the officers dispatched to the scene as a result of the incident, including the police report; roll call rosters; vehicle logs; and, raw audio recordings;

Any and all emails, memos, letters and/or other correspondence between employees of the Oceana County Sheriff’s Office and any other person regarding for the one hour before and six hours after the incident;

Any and all departmental policy regarding standing orders about making public statements, and/or reservists making contact with citizens under the color of law;

I will not accept 10 day delay because this is not a voluminous request that will require extra personnel.

Should the cost for researching, compiling and copying the requested information exceed $30.00, please inform me of the anticipated cost, and provide me with a time and place for a physical inspection of the requested information before researching, compiling or copying the requested information.

Please respond to this request by replying to the following address:

Michael Stillwater

mikestilly@firearmowners.com

I appreciate your anticipated cooperation with this request. If you have any questions, please do not hesitate to call me at the number above.



Sincerely,

Michael Stillwater
 
M

mikestilly

Regular Member
Joined
Jul 6, 2009
Messages
1,869
Location
Macomb County, Michigan, USA
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ProsecutorFOIA.png
 
S

sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
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The officer basically admits in his own words that he did not have Reasonable Articulable Suspicion. He indicated absolutely nothing to suggest that specific crime has being committed, is being committed or about to be committed. All he has is a "suspect" carrying firearm in the holster. He is not holding firearm, not waving it, not doing anything threatening. If this allowed to stand, then any OCer can be detained at any time, disarmed and placed in a police car.

So, David was seized and his firearm was seized for "safety" reason. Looks to me that his 4-th Amendment rights were clearly violated. And, amazing thing is, officer put this in the report (usually they do not put anything incriminating in the report). Apparently, this officer believes that he is completely lawful. Unbelievable. I hope Oceana County Sheriff Department suffers some real consequences. They need to learn a lesson.
 
M

mikestilly

Regular Member
Joined
Jul 6, 2009
Messages
1,869
Location
Macomb County, Michigan, USA
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Guardsman claims he was illegally detained

By John Cavanagh
Herald-Journal Writer

NEW ERA — A National Guardsman claims he was illegally detained Monday for openly carrying a handgun to the New Era Memorial Day festivities.

David Thomas, 18, of Shelby, said he was sitting on a bench waiting for the parade when he was approached by a couple of Oceana County Sheriff’s Department deputies. He said the sheriff’s deputies were friendly, but expressed to him that some people had concerns about him openly carrying the gun, and asked that he put it in his car.

Dressed in jeans and a T-shirt, Thomas said he told police he had the right under state law to carry the gun and wanted to keep it. He was later approached by New Era Police Chief Roy Strait, who also is a full-time sheriff’s department deputy. Thomas said Strait was very unprofessional, began yelling and pointed a finger in his face.

“I asked what crime I committed and was given no answer, and I asked why I was being detained and was given no answer,” Thomas said.

Thomas also claims Strait told him, “I will not allow you to openly carry in my town.”

Thomas said Strait next grabbed him by the arm and placed him in the front seat of the New Era Police cruiser, removed the weapon from his hip and detained him for the duration of the parade.

“I would say probably half the people there probably didn’t know I was carrying,” Thomas said.

Sheriff’s department Lt. Craig Mast was aware of the incident. He said Thomas was asked to sit in the car while Strait checked the specifics on the open carry law.

“We’re always very careful about it,” Mast said, adding Assistant Prosecutor Joe Bizon was satisfied with the way the situation was handled. Mast also said police always have to error on the side of caution, and they need to check to make sure people openly carrying firearms are not convicted felons or intoxicated.

“That’s a shame,” Mast said of Thomas missing the parade. “It’s very likely that happened through the course of investigation.”

Strait said he received a call from a reserve officer about an individual with a gun on the street. He said Thomas was asked to put the gun in the trunk of his car and refused, claiming he had a constitutional right to carry the weapon. Not knowing who Thomas was, Strait said he placed Thomas in the police cruiser while he checked the situation.

“The weapon was legal and registered to him,” Strait said.

Strait denied he ever yelled at Thomas, and the gun was returned.
 
DetroitBiker

DetroitBiker

Regular Member
Joined
Aug 22, 2009
Messages
318
Location
USA
imported post

Is there anymore audio from the FOIA, or was the dispatch calls the only thing they had?
 
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