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Maplewood 911 Call and Dispatch Audio from Open Carry Incident

ChiangShih

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WOW. FAIL AGAIN! Just because something is in the system doesn't mean it is right. That is why it is the policy of nearly every department including Maplewood (SEE POLICY ABOVE) that only SUSPECTS WITH CONFIRMED WARRANTS ARE TAKEN INTO CUSTODY.
That means calling the department the warrant was issued to make sure it is still valid. This was done AFTER I was on my way to jail.
You're adding steps into warrant verification the LEOs are not responsible for. Dispatch reporting an active warrant from a computer record reference is probable cause to arrest. They don't have to contact extra departments or judicial offices to confirm if a specific warrant that shows active is legit. They were told the warrant was active and they arrested you on it. The end. Also, you seem quick to respond in a very defensive manner, my questions were honest so I don't see the need or even the logical justification for caps-locking you exclamation of fail.



I know you are just $@!%ing with me now. Lets see, the court administrator said it was an error and that it happens 5-6 times a year. The court supervisor said her office made the mistake, the judge issued a order returning my bail and that the fine is stayed until after the appeal.
I'm not "$@!%ing" with you I am seeking information I did not previously have. As classes have started back up for me I've not had as much time to follow your several threads and all of the information you've posted. Again my request was honest and not an attempt to probe, so I appreciate the clarification but not your temperamental attitude. I suppose it is excusable because you are undoubtedly feeling ganged up on and you have demonstrated a bewildering ability to put your foot in your mouth.
 
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lancers

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You're adding steps into warrant verification the LEOs are not responsible for. Dispatch reporting an active warrant from a computer record reference is probable cause to arrest. They don't have to contact extra departments or judicial offices to confirm if a specific warrant that shows active is legit. They were told the warrant was active and they arrested you on it. The end. Also, you seem quick to respond in a very defensive manner, my questions were honest so I don't see the need or even the logical justification for caps-locking you exclamation of fail.

Please read the Maplewood policy about arrests. I am not adding steps. This is what is done all over the country so the department is not liable for not making sure the warrant is still good. Plenty of times they forget to take the warrant out of the database, so police departments have a policy of confirming the warrants when they get a hit.

"If the warrant is not verified, the officer will not arrest based on the warrant."
That is Maplewood's official policy. Well two officers asked the dispatcher to verify it, and they did, but only after I was on my way to jail. I have no idea how else I can explain it.


I'm not "$@!%ing" with you I am seeking information I did not previous have. As classes have started back up for me I've not had as much time to follow your several threads and all of the information you've posted. Again my request was honest and not an attempt to probe, so I appreciate the clarification but not your temperamental attitude. I suppose it is excusable because you are undoubtedly feeling ganged up on and you have demonstrated a bewildering ability to put your foot in your mouth.

http://forum.opencarry.org/forums/s...-ARRESTED!!!&p=1504287&viewfull=1#post1504287
 

ChiangShih

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Please read the Maplewood policy about arrests. I am not adding steps. This is what is done all over the country so the department is not liable for not making sure the warrant is still good. Plenty of times they forget to take the warrant out of the database, so police departments have a policy of confirming the warrants when they get a hit.

"If the warrant is not verified, the officer will not arrest based on the warrant."
That is Maplewood's official policy. Well two officers asked the dispatcher to verify it, and they did, but only after I was on my way to jail. I have no idea how else I can explain it.

http://forum.opencarry.org/forums/s...-ARRESTED!!!&p=1504287&viewfull=1#post1504287

Ok, well its good that you handled the warrant issue in court, but what i am still reading is the warrant was still verified. What I read is, they verified the warrant through dispatch, although this does not meet (from your perspective) the standard of verification listed in their policy; however, a few minutes later on the ride downtown, they took extra steps to make sure the warrant was verified and active and it was. So they booked you on it. The warrant wasn't fully dismissed and thrown out until a later date on appeal.

...two officers asked the dispatcher to verify it, and they did,...

Again, so the clarification here is, the warrant was actually at the time of arrest and incident -technically- legit and active. Despite its origins and possible issuing error, the police had no way of knowing this at the time of arrest and through two verifications it came back as active?
 

lancers

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Ok, well its good that you handled the warrant issue in court, but what i am still reading is the warrant was still verified. What I read is, they verified the warrant through dispatch, although this does not meet (from your perspective) the standard of verification listed in their policy

The dispatcher verified the warrant after it was initially said.
They ran a check at 3:12.
Dispatcher ran my name through the system and came up with a hit at 3:55
Officer asks dispatcher to "confirm" at 4:35 (you know the policy that says "verify all warrants"
2nd officer that arrested me asks to "confirm that" 4:39
Then the dispatcher "confirms" or "verifies" the warrant is still active at 5:20

I was already on my way to jail though when they verified it.

They have to know about a warrant to verify it. They take at least two steps.
1) find out about warrant
2) confirm warrant


a few minutes later on the ride downtown, they took extra steps to make sure the warrant was verified and active and it was. So they booked you on it. The warrant wasn't fully dismissed and thrown out until a later date on appeal.

NO, not extra steps, just what is required.

I'm not arguing there was an active warrant put into the system for my arrest. I am arguing:
1) I was under arrest before it was confirmed.
2) The warrant was issued in error.


The warrant wasn't fully dismissed and thrown out until a later date on appeal.

I have no idea what this means. The warrant issue was taken out of the system the first day I spoke with the court administrator and she canceled my court date because it was "their fault" and I was never supposed to be issued a warrant. It was not dismissed and throw out because of an appeal. I went to the court date that was canceled and the judge wrote that note saying the fine was not due until after my appeal.


Again, so the clarification here is, the warrant was actually at the time of arrest and incident -technically- legit and active. Despite its origins and possible issuing error, the police had no way of knowing this at the time of arrest and through two verifications it came back as active?

NO. It was active, but it was not legit. It should have never been there. That is a separate issue though.
I might agree the police didn't know it was not legit, but only ONE verification came back.
 
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ChiangShih

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NO. It was active, but it was not legit. It should have never been there. That is a separate issue though.
I might agree the police didn't know it was not legit, but only ONE verification came back.

Alright, I see what you're saying. I think I have a pretty good understanding of this specific aspect. I appreciate the clarification.
 

ChiangShih

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I just need to add, I don't see the difference that it makes if the outcome would have been the same. If they would have gone through the steps of verification before you were in the car or as they did after you were in the car the result would have been the same just slightly delayed. Right?
 

xc9subcompact

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Wow. I went shooting today and just got back. I think some people miss the important points you are making, Brett.

I think you are saying that:

1. The police arrested you and were transporting you to jail in handcuffs in the back of a police car for a weapons charge when they initially discovered the active warrant for a unpaid speeding ticket.
You were, at that time, while in the back of the police car, travelling toward the jail for a weapons charge, not a warrant.

2. You don't care if it was the dispatcher or some other entity that "confirmed" the warrant. All you know is that it was based on a false affirmation and that it caused you to lose you freedom, in addition to the damage to your reputation. Someone screwed up and it wasn't you.
 
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lancers

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Wow. I went shooting today and just got back. I think some people miss the important points you are making, Brett.

I think you are saying that:

1. They police arrested you and were transporting you to jail in handcuffs in the back of a police car for a weapons charge when they initially discovered the active warrant for a unpaid speeding ticket.
You were, at that time, while in the back of the police car, travelling toward the jail for a weapons charge, not a warrant.

2. You don't care if it was the dispatcher or some other entity that "confirmed" the warrant. All you know is that it was based on a false affirmation and that it caused you to lose you freedom, in addition to the damage to your reputation. Someone screwed up and it wasn't you.

Exactly. Thank you.
 

LMTD

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We see one major difference between the KC side and STL side: KC tries to change public opinion through demonstrating normal armed daily life. STL tries to change legislation by baiting LEOs and suing municipalities. Results are pretty clear, we haven't caused any ordinances to be passed against our side.

The thought process you have demonstrated here is one of an idiot.

One person was arrested while open carrying, one muni had a huge knee jerk reaction to it, and you define that as a difference?

The only thing one could even begin to draw a conclusion on that situation is one municipality in the St. Louis metro area has a liberal city council, one whom confirmed the actions were legal and chose to make them illegal.

More than a few are unhappy about the changes this event have caused, reduced support because of it, but I am going to give you and your buddy ching the intentional effort to divide the state award, truly brilliant. Follow the liberal anti's attacks with divisional efforts, impressive indeed.

I suspect your efforts among the true constitutional carry advocates will have about as much impact as a gnats fart does on a hurricane, but thanks for making it clear where you two goof balls stand on the issue as a whole.
 

ChiangShih

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You were, at that time, while in the back of the police car, travelling toward the jail for a weapons charge, not a warrant.
Assumption based on no backing fact. He was being arrested on the warrant not a weapons charge. This is what the report and the arresting officers state. The warrant was, to the best of the officers knowledge, active and legit, and which was confirmed through the initial identification response from dispatch and reaffirmed in the car. Any damages stemming from the warrant, that was later(after the LEO incident) dismissed, can not be projected onto the arresting officers. That is how I (and plenty supporting case law) see it.

" —the Supreme Court held that evidence obtained pursuant to a facially valid search warrant, later found to be invalid, was admissible if the executing officers acted in good faith and in objectively reasonable reliance on the warrant."
- in US v. Maneti, 1991, cited, US v. Leon
Applied to your situation, effectively the LEO's cannot be held responsible for a shitty warrant. You may be able to find some civil avenue for the issuers of said warrant, though I doubt it as it seems everything seems to have been dropped as a misunderstanding.

2. You don't care if it was the dispatcher or some other entity that "confirmed" the warrant. All you know is that it was based on a false affirmation and that it caused you to lose you freedom, in addition to the damage to your reputation. Someone screwed up and it wasn't you.
Yes this is too bad, but it wasn't the arrest that hurt his reputation buddy. He hurt his reputation with his inability to keep him mouth shut.
 

lancers

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Assumption based on no backing fact. He was being arrested on the warrant not a weapons charge. This is what the report and the arresting officers state. The warrant was, to the best of the officers knowledge, active and legit, and which was confirmed through the initial identification response from dispatch

This is where you still don't get it. It was not confirmed at the "initial identification response from the dispatch". How is that a confirmation? What are they confirming at that point? They are simply checking at that point. Once the check comes back as a warrant, they then confirm it. Even the two police officers ask the dispatcher to confirm it. This is normally done by the dispatcher calling the issuing department. I didn't hear them say, confirm the confirmation of that warrant.

AGAIN:
1) Warrant Check
2) Warrant Confirmation

How could they be confirming my warrant when they first ran my name? They didn't know I had a warrant. They were checking to see if I had a warrant.

I think you need to ask some police officers about this.

and reaffirmed in the car.

It wasn't reaffirmed in the car, it was affirmed (validated as is required by policy).

Any damages stemming from the warrant, that was later(after the LEO incident) dismissed, can not be projected onto the arresting officers. That is how I (and plenty supporting case law) see it.

I never said there was. That is why they confirm it. I'm just saying as xc9subcompact was saying, I was arrested for something other than the warrant otherwise they would have waited for the confirmation to come back before taking me to jail. If the confirmation of the warrant had come back bad, do you think they just would have let me go on the street (somewhere between Wal-Mart and the jail)?
 

xc9subcompact

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Some people are hopeless, Brett

US v Leon had to do with the evidence obtained pursuant to a false affidavit that prompted a judge to write a warrant. There was no evidence that was obtained during the execution of the warrant that is now being used against you.
This case cited as making it OK to take someone to jail on a bogus warrant has nothing to do with how you came to be handcuffed in the back of the police car, being taken to jail.
 
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ChiangShih

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Some people are hopeless, Brett

US v Leon had to do with the evidence obtained pursuant to a false affidavit that prompted a judge to write a warrant. There was no evidence that was obtained during the execution of the warrant that is now being used against you.
This case cited as making it OK to take someone to jail on a bogus warrant has nothing to do with how you came to be handcuffed in the back of the police car, being taken to jail.

US v. Leon had to do with obtained evidence but it still established the good faith clause which is applicable when discussing facially valid warrants later found to be invalid.
 

xc9subcompact

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US v Leon does not make it OK to take someone to jail and make them post a bond on a bogus warrant. The Supreme Court didn't say it's OK to make false affidavits and avoid civil liability.
Civil liability cannot be washed away from the actors who made a false affirmation of a warrant. Someone caused damages. The court administrator said as much.

three-legged-stool1.jpg


Do you know what this is?
 
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ChiangShih

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This is where you still don't get it. It was not confirmed at the "initial identification response from the dispatch". How is that a confirmation? What are they confirming at that point? They are simply checking at that point. Once the check comes back as a warrant, they then confirm it. Even the two police officers ask the dispatcher to confirm it. This is normally done by the dispatcher calling the issuing department. I didn't hear them say, confirm the confirmation of that warrant.

AGAIN:
1) Warrant Check
2) Warrant Confirmation

How could they be confirming my warrant when they first ran my name? They didn't know I had a warrant. They were checking to see if I had a warrant.

I think you need to ask some police officers about this.



It wasn't reaffirmed in the car, it was affirmed (validated as is required by policy).



I never said there was. That is why they confirm it. I'm just saying as xc9subcompact was saying, I was arrested for something other than the warrant otherwise they would have waited for the confirmation to come back before taking me to jail. If the confirmation of the warrant had come back bad, do you think they just would have let me go on the street (somewhere between Wal-Mart and the jail)?

I don't think you're getting it. When dispatch shows in their records that there is an active warrant that is probable cause to arrest. The police officers have limited resources in the field and utilized dispatch. Dispatch says it shows active the cops take it as verified or validated. At this point even if you dont agree this wasnt enough verification the police has reasonable suspicion to detain you, until they verified, which they did, which turned out to be facially valid. So despite all of the above the point it moot because the result would have remained the same. You were arrested on a warrant that the officers had no way of knowing would later be dismissed. Where we disagree is on what verification is.

And you say the initial dispatch response was not verification enough, yet they pursued further verification which also listed as solid. You were arrested on an active warrant. Period. What came after with a different agency is a separate matter between you and that agency.

It wasn't reaffirmed in the car, it was affirmed (validated as is required by policy).
They believed in good faith that warrant was valid and they had cause to arrest. Further validation in the car simply reinforced or reaffirmed their initial action.
How could they be confirming my warrant when they first ran my name? They didn't know I had a warrant. They were checking to see if I had a warrant.
They ran your name and dispatch showed and active warrant, how is this not confirmation that you have a warrant.
They are simply checking at that point.
If they check, and their records show an active warrant, how is that not confirmation that you have a warrant? I'm not familiar with specific systems it just seems logical that a modern police database that showed you having an active warrant wasnt going to be wrong, and it wasnt.

I see what you are arguing but I think it is stupid, as the fundamental point is, the officers and chief stated they arrested you when your identification came back saying you had a warrant. This is what the records will show, you were arrested on an active warrant, a warrant that was shown to be legit and that the officers had no way of knowing wasnt legit. Your policy argument is simply pointless. This is how i see it,

"oh they arrested me on a warrant before taking more in depth steps to verify beyond a reasonable doubt that the warrant was valid at that exact point during an in-field on-the-job location stop! However, when they did take the more in depth steps moments later, they found the warrant to be valid and their arrest to be completely legitimate given the circumstances"

My question is what difference does it make? What point are you trying to make? If you arent going to pursue a civil case why even post such a moot point?
 
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ChiangShih

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US v Leon does not make it OK to take someone to jail and make them post a bond on a bogus warrant. The Supreme Court didn't say it's OK to make false affidavits and avoid civil liability.
Civil liability cannot be washed away from the actors who made a false affirmation of a warrant. Someone caused damages. The court administrator said as much.

three-legged-stool1.jpg


Do you know what this is?

Are you an imbecile or incapable of comprehending the case law established? US v Leon states that if the cops did not know the warrant was bogus they are not necessarily liable for incidents spawning from the fallacious warrant.

I do agree that there may be a civil avenue for those who issued the warrant, but that is a different point from the one being argued/questioned.
 
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ChiangShih

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C. Procedure for arrest with a warrant:

1) If the warrant is active the officer will take the person into custody.

Ok you were taken into custody on a warrant that showed active, you were on your way down town in police custody

2) If the warrant is not verified, the officer will not arrest based on the warrant.

They then verified the warrant with you in custody and continued with formal booking.

It does not define what verification is
It does not define to what extent being placed in "custody" is
It does not explain the difference between "custody" and "arrest"

The way I read it they can take you downtown or hold you until they verify. If dispatch isn't enough to verify, I don't know because it is not well explained.

Edit for reading:

Similarly, arrests made pursuant to a warrant that is later ruled defective may also be declared invalid, unless the officer in procuring the warrant and making the arrest acted in Good Faith.-West's Encyclopedia of American Law, edition 2.

Law) the state of being held by the police; arrest (esp in the phrases in custody, take into custody)-Collins English Dictionary – Complete and Unabridged
 
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xc9subcompact

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Man, you sure are hard headed. Where is Brett arguing that the police officers are liable for the bogus warrant? Of course they can only go by what they are told over the radio.
A problem is that someone made a false affimation of a valid warrant. This resulted in his being incarcerated in a jail cell. Having to post a bond to regain his freedom. You want to give whomever did that a pass? Aw shucks, Brett, someone made a mistake. Sorry, Buddy! We promise it won't happen again! But if it does happen again, we swear is will just be another mistake! Trust us!
A problem is that Brett was handcuffed and in the back of the police car, on the way to jail for a weapons charge before they confirmed the warrant. Valid or not, they were arresting him on a bogus charge regarding OC at the time the car started moving.
It is obvious that, absent the warrant, Brett was going to enter the jail facility. At some point it would have been decided that he was not breaking the law. (we know this because they never charged him with an OC violation) But the damage was done by then.

And if you agree to stop using derogatory words like imbecile, I will promise that I will never call you anything worse than hard headed.
 
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ChiangShih

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Man, you sure are hard headed. Where is Brett arguing that the police officers are liable for the bogus warrant? Of course they can only go by what they are told over the radio.
A problem is that someone made a false affimation of a valid warrant. This resulted in his being incarcerated in a jail cell. Having to post a bond to regain his freedom. You want to give whomever did that a pass? Aw shucks, Brett, someone made a mistake. Sorry, Buddy! We promise it won't happen again! But if it does happen again, we swear is will just be another mistake! Trust us!
Was his bond not refunded? Of course the individual who messed up the issuing should be reprimanded but it imo does not translate to some big rights violation. It looks like a misunderstanding with some unintended consequences. It is more of a "that sucks, but thats life." They should fire the individual who wrongfully issued the warrant, sure.
A problem is that Brett was handcuffed and in the back of the police car, on the way to jail for a weapons charge before they confirmed the warrant. Valid or not, they were arresting him on a bogus charge regarding OC at the time the car started moving.
Also, according to the legal definition of custody and arrest in relation to the policy, they had reason to arrest. Also you keep claiming they arrested him on OC but the facts dont show this. Statements by the Chief of police and the officers show they arrested on the warrant. Not an OC charge.


It is obvious that, absent the warrant, Brett was going to enter the jail facility. At some point it would have been decided that he was not breaking the law. (we know this because they never charged him with an OC violation) But the damage was done by then.
I don't think that is obvious to anyone but you and Brett. I don't believe absent the warrant he would have been taken in or charged as he was committing no crime by simply OCing.


It looks to me they arrested him on the warrant, he bonded out, straightened out the warrant, and that was the end of it. Then they were possibly pursuing a gun violation charge relating to the fugitive from justice reference, which seems unlikely to pan out.
Really it all seems rather unspectacular.
 
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