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UOC 4th of July. Police contact. Me in cuffs.

ryanburbridge

Regular Member
Joined
Nov 24, 2009
Messages
299
Location
Long beach ca, , USA
Wow. I will be adding audio and pics. My family and I were at a park in Long Beach all day. I was UOCing my 1911 and full mag. Park Ranger makes contact draws his own gun on me puts me to the ground cuffs me and off to the car we go. Long story short I'll add more later. Long Beach Pd shows up and bails me out of trouble gets me out of ranger car gives back full mag and gun for me to holster and let's me go infront of a large cunfused crowd of sheeple. Sorry I'm on my phone I'll add more details later.

OK. I was at Heartwell park off of clark and carson in Long beach. I had been playing ball with the kids all day. There is a great fire works show across the street at Veterans stadium. lots of people hang out and barbecue during the day. Around 20:30 I see what looks like a cop approaching he tells me to come over to him. He grabs my arm and struggles to unholster his gun. At this point I say nothing and try to comply to every command. Hands down hands up get on your knees lay down it was very confusing. It turns out the park rangers and long beach police both responded to a man with gun call. First contact was with the park ranger who were clueless of my rights. Cuffed and taken to the street where i invoked my right to remain silent and i did. I told the rangers i did not consent to a search of my person or belongings. They took my wallet and got out my ID ran my ID and found out I am not a bad guy. even after that they re-cuffed me and put me in the ranger car while they tried to find a charge to take me in. A long beach pd came to the car and asked my name so he could run the serial number on my gun. He said the rangers were " idiots" ha classic. After an hour the rangers were told they could not charge me under penal code 12031. the LBPD got me out of the car and gave me my gun and ammo back for me to go about my business. This was not a good encounter but the rangers got schooled and I kept my gun on me in the end.
How do i upload audio?
 

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PincheOgro1

Regular Member
Joined
Dec 7, 2009
Messages
420
Location
Perris, Ca., California, USA
Yeah this park thing has got me confused. Where I live, schools everywhere, park at the end of the street. I'm afraid to UOC anywhere except in my yard (gated) and in the house. LOL. :banghead:. I'll be glad when there is a chapter in my area with experienced UOCers for a meet and greet.
 
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1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
you done right!

i invoked my right to remain silent and i did. I told the rangers i did not consent to a search of my person or belongings.


cant wait to hear more,, you did good ,,stand up for your rights
this will be good reading for many days,,
dont file charges, until you get your foia, then get your lawyer on it,,
are there witnessess? can you get statements?
Hang em high!!
 

markm

New member
Joined
Mar 7, 2010
Messages
487
Location
, ,
Rangers owe you $21,000!

Wow. I will be adding audio and pics. My family and I were at a park in Long Beach all day. I was UOCing my 1911 and full mag. Park Ranger makes contact draws his own gun on me puts me to the ground cuffs me and off to the car we go. Long story short I'll add more later. Long Beach Pd shows up and bails me out of trouble gets me out of ranger car gives back full mag and gun for me to holster and let's me go infront of a large cunfused crowd of sheeple. Sorry I'm on my phone I'll add more details later.

OK. I was at Heartwell park off of clark and carson in Long beach. I had been playing ball with the kids all day. There is a great fire works show across the street at Veterans stadium. lots of people hang out and barbecue during the day. Around 20:30 I see what looks like a cop approaching he tells me to come over to him. He grabs my arm and struggles to unholster his gun. At this point I say nothing and try to comply to every command. Hands down hands up get on your knees lay down it was very confusing. It turns out the park rangers and long beach police both responded to a man with gun call. First contact was with the park ranger who were clueless of my rights. Cuffed and taken to the street where i invoked my right to remain silent and i did. I told the rangers i did not consent to a search of my person or belongings. They took my wallet and got out my ID ran my ID and found out I am not a bad guy. even after that they re-cuffed me and put me in the ranger car while they tried to find a charge to take me in. A long beach pd came to the car and asked my name so he could run the serial number on my gun. He said the rangers were " idiots" ha classic. After an hour the rangers were told they could not charge me under penal code 12031. the LBPD got me out of the car and gave me my gun and ammo back for me to go about my business. This was not a good encounter but the rangers got schooled and I kept my gun on me in the end.
How do i upload audio?

Hello Ryanburbridge,

Unbelievable!

Have you read St. John v. Alamagordo?

Your 4 A rights were violoated! The Supremes have ruled over and over that the presence of a legally carried gun does not negate your 4 A protections. You may be the test case in the ninth circuit for a suit that removes qualified immunity from the rangers who committed crimes against you.

In the St. John case, the police officers involved collectively coughed-up $21,000 from their personal funds and paid St. John. Worse for the officers, Judge Black did not allow a trial--he ruled on summary that the coppers violated many laws that are very clear, and have been in case law for decades, and that a trial wasn't needed (paraphrased by me).

CALL A LAWYER! DON'T POST ANYTHING MORE!

Here is the ruling: http://www.nmcourt.fed.us/Drs-Web/v...009/09/08/0002561429-0000000000-08cv00994.pdf

markm
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
Sorry to hear that you had such a negative encounter with law enforcement. It sounds like you handled it pretty well and followed some of the advice you have read here.

The park ranger used excessive force when he drew his weapon.

In spite of the comment from LBPD, they still demanded ID to run the serial number of your firearm without having probable cause that a crime had been commited. While it appears that LBPD was responsible for releasing you, they conducted a search of your property without an articulable crime.

You were detained for for considerably longer than it was necessary to inspect the firearm under 12031 (e).

All of these elements should be the subject of a complaint- but before you decide to file such complaint, I would recommend that you PRAR all the records of the incident so that you know all the actors involved.

While I realize we all like to read about and share our experiences, it would be better to not disclose too muich particularly if you plan on taking legal action against the authorities. (See Noobie Thread)
 

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
Sorry to hear that you had such a negative encounter with law enforcement. It sounds like you handled it pretty well and followed some of the advice you have read here.

The park ranger used excessive force when he drew his weapon.

In spite of the comment from LBPD, they still demanded ID to run the serial number of your firearm without having probable cause that a crime had been commited. While it appears that LBPD was responsible for releasing you, they conducted a search of your property without an articulable crime.

You were detained for for considerably longer than it was necessary to inspect the firearm under 12031 (e).

All of these elements should be the subject of a complaint- but before you decide to file such complaint, I would recommend that you PRAR all the records of the incident so that you know all the actors involved.

While I realize we all like to read about and share our experiences, it would be better to not disclose too muich particularly if you plan on taking legal action against the authorities. (See Noobie Thread)

Looks like "Law Suit" time to me ! Robin47
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
You may have a federal case, if you want to spend some money...

QI doesn't apply when the officer acts contrary to "settled law" - that is, law where the courts have clearly defined that the officer's actions violated a constitutionally protected right. (In this case 2A and 4A violations occurred.) Since we have solid case law at both the state and federal level, this park ranger is not covered by QI.

That's the good news. Now for the bad news.

Ask yourself: What are your damages? Were you physically injured during this arrest? Did they cause any damage to your property? Will your case be one of "punitive damages" only? (I'm guessing the latter would be answered in the affirmative.)

When I was "detained" by Turlock PD (almost 2 years ago now), I received minor injuries and my firearm was cosmetically damaged. When all was said and done I could claim about $200 in damages. No attorney would touch my case without cash up front. I was told that it's a crap shoot. Might walk out of court a millionaire, or might walk out owing the other side attorney fees to the tune of $100,000s.

Things have changed since McDonald, but I'm still gonna guess that you will need substantial damages (e.g. time spent in jail, big medical bills, etc) before an attorney will take your case on contingency.

Sadly I think yours is another case of "justice is for those who can afford to buy it."
 

markm

New member
Joined
Mar 7, 2010
Messages
487
Location
, ,
Your REALITY post is right-on!

You may have a federal case, if you want to spend some money...

QI doesn't apply when the officer acts contrary to "settled law" - that is, law where the courts have clearly defined that the officer's actions violated a constitutionally protected right. (In this case 2A and 4A violations occurred.) Since we have solid case law at both the state and federal level, this park ranger is not covered by QI.

That's the good news. Now for the bad news.

Ask yourself: What are your damages? Were you physically injured during this arrest? Did they cause any damage to your property? Will your case be one of "punitive damages" only? (I'm guessing the latter would be answered in the affirmative.)

When I was "detained" by Turlock PD (almost 2 years ago now), I received minor injuries and my firearm was cosmetically damaged. When all was said and done I could claim about $200 in damages. No attorney would touch my case without cash up front. I was told that it's a crap shoot. Might walk out of court a millionaire, or might walk out owing the other side attorney fees to the tune of $100,000s.

Things have changed since McDonald, but I'm still gonna guess that you will need substantial damages (e.g. time spent in jail, big medical bills, etc) before an attorney will take your case on contingency.

Sadly I think yours is another case of "justice is for those who can afford to buy it."

Hey CA_Libertarian,

..."justice is for those who can afford to buy it."

You are so correct. It is easy for me to hope "he can afford it" for the good of us all, but it is a big deal for ryanburbridge to spend the money, take the risk, and waste the time involved.

Filing and completing a lawsuit is hard work, even if you have a great lawyer and donated funding.

markm
 

ryanburbridge

Regular Member
Joined
Nov 24, 2009
Messages
299
Location
Long beach ca, , USA
Well I do not have the money that it sounds like would be required. I do not plan on a lawsuit. Can I add more to the story? Would you like to hear some audio? It's about three hours of recording but if some one knows how I can upload parts I will. How about a meet up in a Long Beach Park to help the Park Rangers understand?
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
You can use http://filevo.com to upload your audio.

But before you do, I would consider not uploading your audio, and instead filing a lawsuit as MarkBoRAdvocate suggested. The New Mexico case is similar to yours, the main differences are that he was pulled out of a movie theater and taken out to the parking lot. It sounds like you were detained a lot longer than he was, you had a gun pulled on you, you had your wallet illegally searched, you had your gun illegally searched (serial number), and you were publicly humiliated.

The NM case court documents can be found here: http://filevo.com/9a9lgjyfqr15.html (click on free download). It's nearly identical, and as Mark pointed out, resulted in a $20k settlement. The 2nd is incorporated, we have case law to support us, I'd consider it.
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
Well I do not have the money that it sounds like would be required. I do not plan on a lawsuit. Can I add more to the story? Would you like to hear some audio? It's about three hours of recording but if some one knows how I can upload parts I will. How about a meet up in a Long Beach Park to help the Park Rangers understand?

If you have no plans for a lawsuit, I would suggest filing a complaint against the Rangers so they can be retrained and this won't happen to another OC'er.
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
Did you research Muni codes that may apply in those parks? It's the difference between having a 'clean' case or one that has 'color'. As much as we may not like it, gov. property may be restricted for carry (its not clear yet). However local carry restrictions in CA are likely pre-empted by state law in this case but it could cost 1 million to prove it in state court (which is not where we want to be fighting 2A).
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
If illegal, it is probably an infraction.

These cops need to get a friggin clue.

Yes, but the punishment doesn't matter as to his being seized for any public offense. The search issues go out the window if he was 'arrested' as a matter of law even if they didn't cite or book.
 
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