I smell a lawsuit!!!
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.
I smell a lawsuit!!!
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.
So which one of you OCer's is going to be the first to post the video of the arrest on YouTube?
Smells like money comming.
946.41 Resisting or obstructing an officer or 946.65 obstructing justice. Both involve giving false information. Best wishes.
Wow. Looks like the citizens of Madison will be contributing to the cause like it or not.
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.
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.
Wow... I JUST got home, and the "cat" has already been let out of the bag...
.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).
Idaho Falls, Idaho. On my way to Grand Teton NP and its new bike path tomorrow.
Heh, heh, heh. Go get 'em. Hit hard.
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.
Last edited by Shotgun; 09-18-2010 at 11:13 PM. Reason: error
Thanks. Looks like "Exemptions" is the key.
[QUOTEemail@example.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.
Were they cited City ordinance violations or criminal violations?
Here's the correct ordinance:
5.06 ASSISTANCE IN MAKING ARREST - LIABILITY FOR RESISTING OR OBSTRUCTING AN
(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
(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; 09-18-2010 at 11:23 PM.
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; 09-18-2010 at 11:19 PM.