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Thread: Madison PD detains and cites OCers tonight.

  1. #1
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Madison PD detains and cites OCers tonight.

    As reported on the "Madison get together" thread, word is that approximately 8 Madison PD confronted five OCers at Culvers near East Towne Mall. Two refused to provide ID, were cuffed, disarmed, and cited for "obstruction." (Where have we heard this before?)

    Firearms were returned and OCer's were released.

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    I smell a lawsuit!!!

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    I have mixed feelings about missing this one now.

    Wish I was there but glad I wasn't involved with any police oversepping thir bounds.

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    So which one of you OCer's is going to be the first to post the video of the arrest on YouTube?

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    Regular Member johnny amish's Avatar
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    Smells like money comming.

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    946.41 Resisting or obstructing an officer or 946.65 obstructing justice. Both involve giving false information. Best wishes.

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    Regular Member Canard's Avatar
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    Wow. Looks like the citizens of Madison will be contributing to the cause like it or not.

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    Quote Originally Posted by Doug Huffman View Post
    946.41 Resisting or obstructing an officer or 946.65 obstructing justice. Both involve giving false information. Best wishes.
    No one ever said they gave out false information.

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    Founder's Club Member bnhcomputing's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    946.41 Resisting or obstructing an officer or 946.65 obstructing justice. Both involve giving false information. Best wishes.
    Damn Doug, you are right on top of it tonight. As Doug pointed out, both involve providing FALSE information, not refusing to provide the information.

    The is EXACTLY what Racine did, and they ended up paying. Once all the FOI requests have been completed, we'll see what the attorneys think about a suit.

  10. #10
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Angry

    Madison PD's very own "legal updates" explains exactly why refusal to provide ID is not obstruction.

    Too bad some of the officers haven't apparently read or retained this information.

    http://www.cityofmadison.com/police/...Summer2004.pdf

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    Wow... I JUST got home, and the "cat" has already been let out of the bag...

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    No law allows officers to arrest for obstruction on a person’s refusal to give his or
    her name. Mere silence is insufficient to constitute obstruction. Henes v. Morrissey,
    194 Wis. 2d 339, 533 N.W.2d 802 (1995).
    .

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    Quote Originally Posted by Doug Huffman View Post
    .
    Where were you tonight Doug?!

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    Idaho Falls, Idaho. On my way to Grand Teton NP and its new bike path tomorrow.

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    Quote Originally Posted by paul@paul-fisher.com View Post
    No video. 2 sets of audio. I am waiting for an all clear before I go into detail. I will just say the interaction plainly violated 4A of all 5 of us.
    Sucks for you guys, Paul, but it'll be a good lesson for the MPD.

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    Heh, heh, heh. Go get 'em. Hit hard.

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    For some reason I can't get to the Madison, WI municode.com ordinances. If anyone's got a good link URL, please post it - to a Madison "obstructing" ordinance that might be more stringent than state statute.

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    Regular Member paul@paul-fisher.com's Avatar
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    I just can't believe how PISSED I am! I have never, ever had a LEO interaction before while OC'ing.

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    Wisconsin Carry, Inc. Shotgun's Avatar
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    deleted
    Last edited by Shotgun; 09-19-2010 at 12:13 AM. Reason: error

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    Thanks. Looks like "Exemptions" is the key.

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    Founder's Club Member bnhcomputing's Avatar
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    [QUOTE=paul@paul-fisher.com;1357664]I just can't believe how PISSED I am! I have never, ever had a LEO interaction before while OC'ing.[/QUOTE]

    Calmness is good. Repeat after me, "Sun is warm, Grass is green...."

    Once you have the audio files on computer, please send them directly to me so I can forward them to the WCI legal team.

  22. #22
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    Thanks. Looks like "Exemptions" is the key.
    That could be exactly right. They were lawfully assembled, etc.

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    Were they cited City ordinance violations or criminal violations?

  24. #24
    Wisconsin Carry, Inc. Shotgun's Avatar
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    Quote Originally Posted by Shotgun View Post
    That could be exactly right. They were lawfully assembled, etc.
    Hold on.... wrong ordinance--- too many Madisons-- will put up the correct one momentarily.

    Here's the correct ordinance:

    5.06 ASSISTANCE IN MAKING ARREST - LIABILITY FOR RESISTING OR OBSTRUCTING AN
    OFFICER.
    (1) Whoever, without reasonable excuse, refuses or fails upon command, to aid any person known to
    him to be a peace officer may be fined not more than one hundred dollars ($100). This section
    does not apply if under the circumstances the officer was not authorized to command such
    assistance.
    (2) Whoever knowingly resists or obstructs an officer while such officer is doing any act in his
    official capacity and with lawful authority, may be fined not more than five hundred dollars
    ($500). In this section:
    (a) “Officer” means a peace officer or other public officer or public employee having the
    authority by virtue of his office or employment to take another into custody.
    (b) “Obstructs” includes without limitation knowingly giving false information to the officer
    or knowingly placing physical evidence with intent to mislead the officer in the
    performance of his or her duty including the service of any summons or civil process.
    (Am. by Ord. 9977, 3-14-90)
    (3) Whoever hinders, delays or prevents an officer from properly serving or executing any summons
    or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the
    officer or his superior for any damages adjudged against either of them by reason thereof.
    Last edited by Shotgun; 09-19-2010 at 12:23 AM.

  25. #25
    Regular Member Fallschirmjäger's Avatar
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    Sec. 13-3. (2) (g) Resists or obstructs the performance of duties by City Police or any other authorized
    official of the City, when known to be such an official;

    (Code 1953, 7.0701-7.0705; Ord. No. 792, 9-2-75; Ord. No. 927, 1, 2, 12-29-80; Ord. No. 986, 8-
    13-84; Ord. No. 1137 07-20-92; Ord. No. 1421, 2-5-07)

    "Your Honor, I did nothing to obstruct the officers; as a matter of fact, I was more than happy to stand quietly to the side while they conducted their investigation." Non-cooperation is not the same as obstruction. A road that doesn't curve the way you want it to is not the same as a road with a 'road closed' sign.
    Last edited by Fallschirmjäger; 09-19-2010 at 12:19 AM.

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