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Thread: Conversation with Deputy Chief Brian Allan of Sparks PD, information on DUI thread

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    Regular Member david.ross's Avatar
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    Exclamation Conversation with Deputy Chief Brian Allan of Sparks PD, information on DUI thread

    I spoke with Deputy Chief Brian Allan shortly ago regarding the incident which occurred at the DUI checkpoint along with Open Carry in Sparks, NV.

    Conversation was about the following thread:
    http://forum.opencarry.org/forums/sh...dui-checkpoint

    Open Carry

    The police department in Sparks, NV knows about open carry and makes a good attempt to make sure they're not infringing on the rights of citizens. There are cases like the DUI checkpoint where the individual who originally made the statements regarding his incident left out details.

    The DUI Incident
    First off, the guy did _NOT_ file any complaint against the officers at the scene. Deputy Chief Brian Allan is one of the individuals responsible for reading the complaints against police officers. As of the time of the conversation we had, there is no complaint against the police over a fabrication of smelling alcohol.

    What was discussed regarding the incident, (say-so from officer at the scene)<strike this>the individual not telling the whole story. The individual made movements towards his firearm which put law enforcement on high alert, triggering a response.</strike this>

    I can't urge enough if an individual is having a lawful encounter with the police, to KEEP YOUR HANDS STILL AND NOT MANEUVERING AROUND THE GUN!

    We also talked about individuals who believe they don't have to follow state law.

    I'm not making any accusations, but the individual appears to be very much like the pastor in Arizona who was UNLAWFULLY tazed by border patrol for not getting out of his car during a LAWFUL checkpoint.

    We'll see what happens as a result. I not to enthusiastic since he didn't file a police report yet.

    My recommendation if you've a firearm on your hip, at night, and have a lawful encounter:
    1) Inform the officer you have a weapon, but don't just say, "I've a gun."
    2) Place your hand on your stomach, tuck a thumb in your belt away from the gun, or place your hand around your neck or head. (police would rather have your hand away from the gun(s))
    3) If you want to follow the minimal set of required orders by law even if an officer is requesting more, don't be a ******.

    Follow-up call:
    Deputy Chief Allan was singing a different tune, as if he looked in to the issue further and is now clamming up. Probably after listening to parts of the Youtube video, which he stated to have listened to sections of the video.
    Last edited by david.ross; 01-04-2011 at 04:35 PM. Reason: followup call

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    Quote Originally Posted by insane.kangaroo View Post
    What was discussed regarding the incident, the individual not telling the whole story. The individual made movements towards his firearm which put law enforcement on high alert, triggering a response.
    Riiiiiiiiiiiiiiight. You'll pardon me if I take this assertion with a whole freaking salt-lick block.


    I'm not making any accusations, but the individual appears to be very much like the pastor in Arizona who was LAWFULLY tazed by border patrol for not getting out of his car during a LAWFUL checkpoint.

    As I recall, when said pastor's case was tried in court he PREVAILED, and it was determined that the tazing was NOT lawful, and while the checkpoint itself may have been within the scope of the law the actions employed by those manning it exceeded the checkpoints objective AND authority.

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    Regular Member The Big Guy's Avatar
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    Question for insane.kangaroo

    Do the police ever lie to cover their backsides and stick up for each other? Just curious.

    TBG

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    Lawful checkpoint, unlawful orders. Nobody is required to follow unlawful orders even if they are at a "lawful checkpoint". You are NOT required to engage the officer in any way, other than to indicate your non-consent. You are only required to obey lawful traffic direction orders, i.e. slow down, pull over, stop, etc. At a "lawful checkpoint" the officer is no more than a traffic control device, unless you CHOOSE to allow them to be more than that by consenting. The person in question here made it pretty clear that they did not consent to the confrontation, and had the officer been lawful, they should have been released at that time. End of story.

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    Quote Originally Posted by insane.kangaroo View Post
    First off, the guy did _NOT_ file any complaint against the officers at the scene.
    Correct.

    As of the time of the conversation we had, there is no complaint against the police over a fabrication of smelling alcohol.
    Not by me, correct.

    Deputy Chief Brian Allan
    As far as I know, he was not involved and did not witness the encounter. Let's see if I wrote his name, rank and badge number down in my notebook. Oh right, it was stolen.

    The individual made movements towards his firearm which put law enforcement on high alert, triggering a response.
    Where did he get this info, from the stolen video camera? It's a crock of ****. I was scared of getting shot and consciously kept my hands up in plain view, away from my waist. Even without a gun, I would have done exactly what I did:

    - hands on steering wheel at all times, except:
    - left hand slowly moving to operate window control
    - right hand slowly moving to turn ignition key in console to off position
    - left hand slowly moving to operate door lock control
    - right hand making a fist with an extended thumb in an exaggerated motion to operate the seatbelt lock
    - right hand moving seatbelt away from body (weak extractor)
    - right hand moving to passenger seat to pick up notebook in plain view

    At the time I was attacked both hands were up near the steering wheel with the notebook in my right hand. Listen closely to the audio. He's got a clip...

    We also talked about individuals who believe they don't have to follow state law.
    Like the Carson deputy who tried to enter my vehicle without a warrant? Like the arresting officers who contrived suspicion of a crime and probable cause to arrest for DUI/PWFI?

    We'll see what happens as a result. I not to enthusiastic since he didn't file a police report yet.
    Why would I file a report with a department that has a documented history of harassing me? I could go to the Washoe Co. sheriff but they won't take reports of crimes committed in Sparks. I have other avenues to be exploited at a time of my choosing. Think of Heinz Guderian's combined arms attack: hit them with everything at once, Blitzkrieg.

    Inform the officer you have a weapon, but don't just say, "I've a gun."
    From a locked vehicle where they can't put hands on me, I fear they'd just shoot.

    Place your hand on your stomach, tuck a thumb in your belt away from the gun
    Place your hands near your waist, seriously?

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    Regular Member david.ross's Avatar
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    Quote Originally Posted by Yard Sale View Post
    Where did he get this info, from the stolen video camera? It's a crock of ****. I was scared of getting shot and consciously kept my hands up in plain view, away from my waist. Even without a gun, I would have done exactly what I did:
    I reviews the youtube video again, I'm going to speak with Deputy Chief Allan again regarding the incident.

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    Quote Originally Posted by insane.kangaroo View Post
    I spoke with Deputy Chief Brian Allan shortly ago regarding the incident which occurred at the DUI checkpoint along with Open Carry in Sparks, NV.
    I am not sure why you bothered. Remember, there are two side of the story and it lies on them to prove their case. At least in theory anyways...

    Quote Originally Posted by insane.kangaroo View Post
    Conversation was about the following thread:
    http://forum.opencarry.org/forums/sh...dui-checkpoint

    Open Carry

    The police department in Sparks, NV knows about open carry and makes a good attempt to make sure they're not infringing on the rights of citizens. There are cases like the DUI checkpoint where the individual who originally made the statements regarding his incident left out details.
    I am not sure which individual your referring to but it's pretty bold to make a statement of fact like this when you wern't there and don't have a shread of proof.

    Quote Originally Posted by insane.kangaroo View Post
    The DUI Incident
    First off, the guy did _NOT_ file any complaint against the officers at the scene. Deputy Chief Brian Allan is one of the individuals responsible for reading the complaints against police officers. As of the time of the conversation we had, there is no complaint against the police over a fabrication of smelling alcohol.
    Interesting that you would say this... is there a dead line on official complaints against Law enforcement officers? Does the OP only have 5 minutes to make the complaint or is it smarter to see how his charges play out and then get a lawyer to address his complaints.... Makes ya kinda go hmmm....

    Quote Originally Posted by insane.kangaroo View Post
    What was discussed regarding the incident, the individual not telling the whole story. The individual made movements towards his firearm which put law enforcement on high alert, triggering a response.
    Yeah, I would assume officers would say something like that. Do they have proof? Other than their word that is...

    Quote Originally Posted by insane.kangaroo View Post
    I can't urge enough if an individual is having a lawful encounter with the police, to KEEP YOUR HANDS STILL AND NOT MANEUVERING AROUND THE GUN!
    From the audio that was posted it "seems" as if this is what happened. Since there is no video I can't really tell. But it appears as if the OP was always trying to convey his intentions and trying to understand theirs.

    Quote Originally Posted by insane.kangaroo View Post
    We also talked about individuals who believe they don't have to follow state law.
    Not sure what this is suppose to mean... IANAL but it appears the OP followed the constitution and the laws of NEVADA and WASHOE COUNTY.

    Quote Originally Posted by insane.kangaroo View Post
    I'm not making any accusations, but the individual appears to be very much like the pastor in Arizona who was UNLAWFULLY tazed by border patrol for not getting out of his car during a LAWFUL checkpoint.
    Wait, you mean the pastor who was found not guilty because the border patrol agents violated his rights? Or is this some other pastor your referring to? You might want to check the facts before you post FUD as fact.

    Quote Originally Posted by insane.kangaroo View Post
    We'll see what happens as a result. I not to enthusiastic since he didn't file a police report yet.
    Your enthusiasm not withstanding, I believe the OP has a year to file charges or complaint against the officers. Not sure why it is you think he should hurry into something like that.

    Quote Originally Posted by insane.kangaroo View Post
    My recommendation if you've a firearm on your hip, at night, and have a lawful encounter:
    1) Inform the officer you have a weapon, but don't just say, "I've a gun."
    No lawful reason to do so since the possesion of a firearm openly carried is lawful in the state of Nevada unless your a prohibited person.
    Quote Originally Posted by insane.kangaroo View Post
    2) Place your hand on your stomach, tuck a thumb in your belt away from the gun, or place your hand around your neck or head.
    Typically firearms are carried on the waist "near" the stomach. Don't look now but you just advised people to do the very thing you were admonshing earlier. Putting their hands "near" the weapon.

    Quote Originally Posted by insane.kangaroo View Post
    3) If you want to follow the minimal set of required orders by law even if an officer is requesting more, don't be a ******.
    Why is it that people are a "******" when they stand up for their rights? Listening to the audio the OP seemed polite and considerate while trying to maintain his rights. While I assume some things could have been done better I think he did an excellent considering there were multiple law enforcement officers standing ready to kill him.

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    Quote Originally Posted by insane.kangaroo View Post
    I'm going to speak with Deputy Chief Allan again regarding the incident.
    Please don't.

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    I can't see why Mr. Kangaroo has taken such a vested interest that he feels he needs to contact the Deputy Chief, perhaps only to stir up more animosity.

    The man complied with the law to the extent that he was required too, and nothing else. That was his right as an American. The only people who acted "douchey" were the people who violated his rights by force.
    "You need only reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the struggle for independence."
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    Quote Originally Posted by flagellum View Post
    I can't see why Mr. Kangaroo has taken such a vested interest that he feels he needs to contact the Deputy Chief, perhaps only to stir up more animosity.

    The man complied with the law to the extent that he was required too, and nothing else. That was his right as an American. The only people who acted "douchey" were the people who violated his rights by force.
    I agree, maybe we could suggest a standing request for other posters that might want to take an active approach in another posters issue they do a private message to see if the help is wanted.

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    Quote Originally Posted by flagellum View Post
    I can't see why Mr. Kangaroo has taken such a vested interest that he feels he needs to contact the Deputy Chief, perhaps only to stir up more animosity.

    The man complied with the law to the extent that he was required too, and nothing else. That was his right as an American. The only people who acted "douchey" were the people who violated his rights by force.
    Yep, its another good reminder of something else to think about before you make your story public. It could work either way where you have people who work to support you as well as people out there who work against you or try to tear you down. The press can be the same way but it helps to get some compassionate coverage if you are beaten, tazed and bloodied while also being a man of the cloth. I am not sure that a 2nd amendment supporter sticking up for his rights at a DUI checkpoint can expect to get favorable coverage unless he's shot down like a dog clearly for the whole world to see on tape, but you never know.

    I don't see why there would be any rush to make a complaint when the police have taken some of the evidence of what has happened which might have been destroyed or made to dissapear. The victim here might want to exhaust all attempts to get that back first. Plus he has charges to concern himself with as well. I would imagine that those are of the highest priority to take care of right now.

    Good luck Yard Sale. Watching and listening to your video scared the hell out of me. I am glad you weren't seriously hurt or killed during that incident.

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    Quote Originally Posted by insane.kangaroo View Post
    I reviews the youtube video again, I'm going to speak with Deputy Chief Allan again regarding the incident.
    Why is it that a Software Engineer, from a different state, that was not there, and is not a Lawyer that has not been retained by the person that this happned to, even getting involved in this anyway?
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

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    Quote Originally Posted by john-in-reno View Post
    Why is it that a Software Engineer, from a different state, that was not there, and is not a Lawyer that has not been retained by the person that this happned to, even getting involved in this anyway?
    I was wondering the same thing.
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    Maby Mr. Kangaroo needs to worry about cleaning up his own backyard before worring about the problems in our mountain states, after all we know that Pittsburgh, Pa. is the bastion of 2nd Amendment freedoms.

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    /facepalm

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    Quote Originally Posted by nomidlname View Post
    I am not sure why you bothered. Remember, there are two side of the story and it lies on them to prove their case. At least in theory anyways...
    . . .which is why it's worth "bothering."

    The more we learn, the better we can judge. That doesn't mean that anything we've learned is accurate, but we should let them talk until we have a good picture of the real story.

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    Quote Originally Posted by DVC View Post
    . . .which is why it's worth "bothering."

    The more we learn, the better we can judge. That doesn't mean that anything we've learned is accurate, but we should let them talk until we have a good picture of the real story.
    While I agree with you in principle, Mr. Kangaroo failed on every point he tried to make. On top of that it's hearsay at best but most likely a total fabrication of a conversation never held.

    ETA:

    He did make one valid point when he advised "KEEP YOUR HANDS STILL AND NOT MANEUVERING AROUND THE GUN!" but then he failed by advising everyone "2) Place your hand on your stomach, tuck a thumb in your belt away from the gun" which of course could get you killed.
    Last edited by nomidlname; 01-04-2011 at 02:54 PM.

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    Regular Member david.ross's Avatar
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    Quote Originally Posted by Yard Sale View Post
    Please don't.
    I did, he changed his tune since yesterday.

    You should make a report, you should clear your name, then you should launch a civil lawsuit like Pastor Anderson.

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    Yardsale, what were the charges against you that are still pending? Just curious. Other than the obstruction charge is there anything that can stick? Actually... dont answer that last question on the board.

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    Regular Member Nevada carrier's Avatar
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    And you should press charges of assault and kidnapping as well, then sue the dog sh!t out of them.
    Last edited by Nevada carrier; 01-04-2011 at 04:38 PM.

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    Me thinks if the Deputy Chief has seen the youtube vid, he might've seen this board/thread and maybe that's the reason they're starting to circle the wagons.

    In your shoes, I would've filed the complaints the moment I found property missing from my car. Hopefully you're in touch with a lawyer already and hopefully he'll soon be contacting the board to remove discussion of this incident until the trial is concluded.


    My .02

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    Quote Originally Posted by insane.kangaroo View Post
    I did, he changed his tune since yesterday.

    You should make a report, you should clear your name, then you should launch a civil lawsuit like Pastor Anderson.
    Please PM me what he said and whether he referenced any official reports. I won't be filing an internal complaint with the same gang that attacked me.

    Quote Originally Posted by jfrey123
    I would've filed the complaints the moment I found property missing from my car
    I filed a theft report after I learned they weren't seized and held as evidence.

    remove discussion of this incident until the trial is concluded.
    I have written nothing here I don't want seen by a jury and I'll repeat it under affirmation in court.

    what were the charges against you that are still pending?
    I was arrainged for obstructing an officer and lack of proof of insurance and pled not guilty to both. Look in the other thread(s).

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    Quote Originally Posted by insane.kangaroo View Post
    I did, he changed his tune since yesterday.

    You should make a report, you should clear your name, then you should launch a civil lawsuit like Pastor Anderson.
    And I side with the others who have wondered, why you are even interjecting yourself into this.....
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Regular Member david.ross's Avatar
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    Quote Originally Posted by wrightme View Post
    And I side with the others who have wondered, why you are even interjecting yourself into this.....
    Maybe you should read some of my past posts along with achievements from conversing with officials where situations happened where I did not live.

    I interject with any unlawful happenings I see on forums, along with any misinformation coming from officials.
    Last edited by david.ross; 01-08-2011 at 03:25 PM.

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    Quote Originally Posted by insane.kangaroo View Post
    Maybe you should read some of my past posts along with achievements from conversing with officials where situations happened where I did not live.

    I interject with any unlawful happenings I see on forums, along with any misinformation coming from officials.
    That does not answer the question.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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