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Anyone ever have this problem?

C

Cameron Bybee

New member
Joined
Jun 29, 2011
Messages
8
Location
Midvale, Utah, United States
Anyone ever have this problem? (incident resolved)

The problem was resolved. Thank you for everyone who supported me. I'm sorry for not posting any updates, I've been extremely busy after the incident was resolved in court.
 
Last edited:
D

Deepdiver36

Regular Member
Joined
Dec 19, 2009
Messages
65
Location
Utah
If this is true and accurate you need to shut up and get an attorney. This is text book case of both civil and criminal violations.

As much as I want to hear about all this it's best to contact your attorny so they can obtain any and all evidence before it disappears.

If you want your firearm back I would do it today!


Sent from my iPhone using Tapatalk
 
C

Cameron Bybee

New member
Joined
Jun 29, 2011
Messages
8
Location
Midvale, Utah, United States
Deepdiver36 said:
If this is true and accurate you need to shut up and get an attorney. This is text book case of both civil and criminal violations.

As much as I want to hear about all this it's best to contact your attorny so they can obtain any and all evidence before it disappears.

If you want your firearm back I would do it today!


Sent from my iPhone using Tapatalk
Click to expand...

Doing so now, any suggestions on a decent attorney for this?
 
thebigsd

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
Make sure you or your attorney FOIA all communications and documentation related to your detainment and subsequent ticketing. Do this sooner than later.
 
I

ItsaSecret

New member
Joined
Mar 30, 2011
Messages
8
Location
Utah
It would appear from your account that Officer Potter did not abide by 77-7-17:
A peace officer who finds a dangerous weapon pursuant to a frisk may take and keep it until the completion of the questioning, at which time he shall either return it if lawfully possessed, or arrest such person.
Click to expand...

Like has been said, I'd love to know more details and quiz you on the specifics, but I've heard over and over again that you should consult an attorney first.

I don't know of many off-hand, but two names I've heard passed around are Mitch Vilos and Greg Skordas. You might start there.

If an attorney ends up being too costly or slow, I'd raise holy hell for Officer Potter. Submit GRAMA requests for all the records related to your encounter, including radio traffic / IM's / emails, police reports, etc. File a complaint with the police department, see if there's a citizen review board you can complain to as well. File a complaint with the DA and AG over the 77-7-17 situation.

And next time somthing like this happens, I'd clam up as soon as it became apparent that it was something more than a friendly, "hi, how are you?" If the prosecutor doesn't drop the disorderly conduct charge soon, then I'd prepare to defend myself in court if I were you. I'd offer to help, but I'm not an attorney.
 
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M-Taliesin

M-Taliesin

Regular Member
Joined
Apr 22, 2011
Messages
1,504
Location
Aurora, Colorado
Howdy Pardner!
If your story is accurate, I'd say that the arresting officer is guilty of abuse of power and false arrest.

For starters, open carry in Utah is legal so long as you are two steps away from being able to discharge your weapon. I.E., no round in chamber, gun not cocked. I'd figure being holstered and required to draw the weapon would be a third, but I ain't a lawyer either.

In addition, Utah has complete state preemption of all municipal firearms regulations. In other words, there cannot be a local ordinance that restricts your right more than the state statutes.

As a result, the officer involved could not charge you with a firearms violation. Hence his comment "#*$#& Utah laws!" So he trumped up a disorderly rap. If your depiction of events is as you describe, that won't hold water in a court of law, especially when a jury of your peers is hearing evidence.

I agree that you should get an attorney on the job as quickly as possible, file FOIA requests, and gather all the exculpatory evidence you can before showing up in front of a judge or magistrate. The attorney you choose should also be prepared to file suit against the city, with the officer as respondent, and seek punative damages and possibly even criminal charges against the officer himself. When somebody with a badge breaks the law, it doesn't matter that he's deputized by the city. It is a criminal act.

If it were me, I'd be filing a counter charge against the officer as soon as practical.

One thing I expect from this episode in your life.... a nice payday for you when the smoke clears... assuming your presentation of events is accurate in details. And once you get that settlement, maybe you can drive over there next time to escort your lady home.

Blessings,
M-Taliesin
 
ADulay

ADulay

Regular Member
Joined
Oct 5, 2008
Messages
512
Location
Punta Gorda, Florida, USA
I never realized that having a coffee at Starbucks constituted grounds for Disorderly Conduct!!

Did you drop your spoon a bit too loudly? Maybe spill a bit too much Splenda on the table?

From your description of the events, you've got one heck of a lawsuit to proceed with.

The actions of the officers appeared to be completely wrong (I am a former LEO) and their conduct was uncalled for.

At a minimum you need to take this to the city council or the Chief of Police and see why these officers are abusing their status as police.

I hate hearing things like this when the local PD takes it upon themselves to "make up the law" and arrest someone. It's too bad that I've seen it happen over the years a lot.

Good luck with your legal proceedings and wishing you well.

AD
 
C

Cameron Bybee

New member
Joined
Jun 29, 2011
Messages
8
Location
Midvale, Utah, United States
ItsaSecret said:
It would appear from your account that Officer Potter did not abide by 77-7-17:


Like has been said, I'd love to know more details and quiz you on the specifics, but I've heard over and over again that you should consult an attorney first.

I don't know of many off-hand, but two names I've heard passed around are Mitch Vilos and Greg Skordas. You might start there.

If an attorney ends up being too costly or slow, I'd raise holy hell for Officer Potter. Submit GRAMA requests for all the records related to your encounter, including radio traffic / IM's / emails, police reports, etc. File a complaint with the police department, see if there's a citizen review board you can complain to as well. File a complaint with the DA and AG over the 77-7-17 situation.

And next time somthing like this happens, I'd clam up as soon as it became apparent that it was something more than a friendly, "hi, how are you?" If the prosecutor doesn't drop the disorderly conduct charge soon, then I'd prepare to defend myself in court if I were you. I'd offer to help, but I'm not an attorney.
Click to expand...

Wow, I never knew about that law...This is going to look interesting, especially since I was not ARRESTED, i was DETAINED and then let go. I've already planned on filing a complaint with Cottonwood PD, as well as talking to the prosecutor and seeing if i can get the charges dropped and my firearm returned, since Officer Potter was WAY out of line, and I have the evidence to prove it. This won't bode will for him, I may only get the court appointed attorney, doesn't mean i cannot win and get this all solved.
 
C

Cameron Bybee

New member
Joined
Jun 29, 2011
Messages
8
Location
Midvale, Utah, United States
ADulay said:
I never realized that having a coffee at Starbucks constituted grounds for Disorderly Conduct!!

Did you drop your spoon a bit too loudly? Maybe spill a bit too much Splenda on the table?

From your description of the events, you've got one heck of a lawsuit to proceed with.

The actions of the officers appeared to be completely wrong (I am a former LEO) and their conduct was uncalled for.

At a minimum you need to take this to the city council or the Chief of Police and see why these officers are abusing their status as police.

I hate hearing things like this when the local PD takes it upon themselves to "make up the law" and arrest someone. It's too bad that I've seen it happen over the years a lot.

Good luck with your legal proceedings and wishing you well.

AD
Click to expand...

Coffee: getting you in trouble since 2011. Lol!
 
M

mark-in-texas

Regular Member
Joined
Aug 20, 2010
Messages
319
Location
Richmond, Tx
"For starters, open carry in Utah is legal so long as you are two steps away from being able to discharge your weapon. I.E., no round in chamber, gun not cocked."

You might want to look in to any case law or AG opinions on that. The empty chamber and not cocked situation can both be remedied by ONE action...ie racking the slide.

If OP as stated, sounds like lawsuit time to me!!
 
U

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
Cameron Bybee said:
Sadly, it is, as much as i would love to get a good attorney, i lack the funds to get a decent one, however, I do have my ducks in a row and i think i'm ready for when i meet with the Court Appointed one.
Click to expand...

If what you relate is accurate, you may well have grounds for a serious civil suit. Any number of attorneys will happily sign on for that on contingency. Find one who does both criminal defense and civil suits (such as Mitch Vilos) and you might be pleasantly surprised.

Charles
 
4

.45acp

Regular Member
Joined
Jun 18, 2009
Messages
333
Location
Salt Lake City, UT
I have OC'ed at the same Starbucks a number of times, It is just down the street from my mothers house. I ran into LEO's a few times but never had an issue.

Take the advice of the members, quit talking, get a good laywer and sue their sorry a$$es.


Good luck and keep us posted when you can.
 
jpm84092

jpm84092

Regular Member
Joined
Mar 5, 2010
Messages
1,066
Location
Salt Lake City, Utah, USA
When I took my instructor training we were told that if we heard horror stories like yours from our students, we were to refer the person with the horror story to BCI. And, if we witnessed one to call BCI and identify ourselves as instructors - and would be immediately referred to a BCI Investigator who would pay a call on the misinformed LEO.
 
DocWalker

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
Yes something needs to be done sooner than later about this or this LEO and his fellow LEO's will think they are above the law. They will go around like school bullies beating up on nerds. The Officer's and the City need to be sued, and a complaint of criminal behavior for this officers actions. It would be nice if he was fired and not allowed to carry a gun and a badge with his attitude. He will probably really hurt someone one day if you let this go. Your civil rights were abused and you deserve to have this wrong fixed. The lawsuit should specificly name the officer and the city as defendents. You might check into getting legal representation via pro-bono or through one of the gun right organization, I have donated to some for years that offer to defend gun owners rights.
 
NewZealandAmerican

NewZealandAmerican

Regular Member
Joined
Nov 30, 2007
Messages
348
Location
Greater Salt Lake City Metro area far south suburb
Deprivation of RIGHTS. Title 18 USC Sect 241 & 242, Title 42 Sect 1983

Deprivation of RIGHTS. Title 18 USC Sect 241 & 242, Title 42 Sect 1983
Sue them, file criminal charges against them with at least a bare minimum charge of "aggravated kidnapping" as they were armed with guns when they detained you

http://www.justice.gov/crt/about/crm/241fin.php


CONSPIRACY AGAINST RIGHTS

Summary:

  • Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime.
    The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 241

  • If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.



http://www.justice.gov/crt/about/crm/242fin.php
DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

Summary:
  • Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
    For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242​





  • Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.



  • SEE ALSO: http://www.law.cornell.edu/uscode/42...3----000-.html



    TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983
    Prev | Next
    § 1983. Civil action for deprivation of rights

    How Current is This?

    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
  • I hope some of this info will help you.
 

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