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Thread: WVRecord - Wheeling police sued for harassing open carriers

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    WVRecord - Wheeling police sued for harassing open carriers

    http://www.wvrecord.com/news/236624-...ms-in-wheeling

    SNIP

    WHEELING - Two Ohio County men are challenging what they claim is a campaign of harassment by Wheeling police against citizens lawfully carrying firearms in the Friendly City.

    The city of Wheeling, its police chief and three of its officers are named as co-defendants in a 41-count civil rights suit filed by Keith Owen Campbell, and his father, Larry A. Campbell. In their complaint filed in U.S. District Court on May 11, Keith, 45, and Larry, 70, both of Wheeling, allege the city violated, among other things, their Second and Fourth Amendment rights when officers detained Keith, and temporarily confiscated the handgun he was carrying without any probable cause.

    . . .

    According the suit, Jewell, like Kotson, admitted while the open-carry of a firearm was legal in West Virginia, "'The mere carrying of a gun is suspicious and thus grounds for the stop.'" He added, "'The police can stop any person with a weapon at any time and run their name and the gun's numbers."

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    Regular Member Yaki's Avatar
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    QUOTE=Mike;1564369]http://www.wvrecord.com/news/236624-...ms-in-wheeling

    SNIP

    WHEELING - Two Ohio County men are challenging what they claim is a campaign of harassment by Wheeling police against citizens lawfully carrying firearms in the Friendly City.

    The city of Wheeling, its police chief and three of its officers are named as co-defendants in a 41-count civil rights suit filed by Keith Owen Campbell, and his father, Larry A. Campbell. In their complaint filed in U.S. District Court on May 11, Keith, 45, and Larry, 70, both of Wheeling, allege the city violated, among other things, their Second and Fourth Amendment rights when officers detained Keith, and temporarily confiscated the handgun he was carrying without any probable cause.

    . . .

    According the suit, Jewell, like Kotson, admitted while the open-carry of a firearm was legal in West Virginia, "'The mere carrying of a gun is suspicious and thus grounds for the stop.'" He added, "'The police can stop any person with a weapon at any time and run their name and the gun's numbers."[/QUOTE]


    Isn't the first rule you learn about gun safety is not point a weapon in the direction of someone let alone their head?

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    Founder's Club Member thebigsd's Avatar
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    According the suit, Jewell, like Kotson, admitted while the open-carry of a firearm was legal in West Virginia, "'The mere carrying of a gun is suspicious and thus grounds for the stop.'" He added, "'The police can stop any person with a weapon at any time and run their name and the gun's numbers."


    Isn't the first rule you learn about gun safety is not point a weapon in the direction of someone let alone their head? [/QUOTE]

    A gun by itself does not justify reasonable suspicion especially when it is legal to open carry in WV. I can't wait to see how this plays out.
    "When seconds count between living or dying, the police are only minutes away."

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    Regular Member MKEgal's Avatar
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    According the suit, Jewell, like Kotson, admitted while the open-carry of a firearm was legal in West Virginia, "'The mere carrying of a gun is suspicious and thus grounds for the stop.'" He added, "'The police can stop any person with a weapon at any time and run their name and the gun's numbers.
    Wasn't it Delaware v. Prouse that spanked some PD's collective weenie for stopping a car for the sole purpose of checking to see if the driver had a valid license?
    Stopping a car for no other reason than to check the license and registration was unreasonable under the 4th amendment.
    Delaware v. Prouse, 440 U.S. 648 (1979).
    If they can't stop someone driving (which on public property requires a valid license) to check license & registration,
    WHY do they think they can stop someone just because s/he's carrying (which not only requires no license, but is a protected civil right) & run a background check & pistol trace???

    And since SCOTUS says the peaceful exercise of a civil right is not & can never be a crime, unless a carrier is doing something else questionable the LEO has no grounds for a nonconsensual contact.
    The Claim and exercise of a Constitutional Right cannot be converted into a crime.
    Miller v. U.S. , 230 F 2d 486. 489
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    Regular Member jt59's Avatar
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    I hope that they take this to its natural conclusion and not settle before it goes to trial. It would be great to get more case law on the books when we get the opportunity.
    Last edited by jt59; 07-15-2011 at 03:35 PM.
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    Regular Member papa bear's Avatar
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    one thing the story affirms for me is that LEOs do not know anymore about fire arms than any other citizen.
    gatta love those 'CDL organizations
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

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    i you call a CHP a CCW then you are really stupid. period.

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    Regular Member Gunslinger's Avatar
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    According the suit, Jewell, like Kotson, admitted while the open-carry of a firearm was legal in West Virginia, "'The mere carrying of a gun is suspicious and thus grounds for the stop.'" He added, "'The police can stop any person with a weapon at any time and run their name and the gun's numbers."[/QUOTE]
    Good for them! Who cares what the Supreme Court says.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Regular Member TFred's Avatar
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    The complaint makes for some good reading!

    It's hard to imagine how they can even defend themselves against these complaints.

    TFred

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    Just curious if there is any updates on this one?

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    Upon removing the magazine from the pistol, Jewell attempted to eject the one bullet in the chamber. In doing so, while disabling the manual safety, Jewell pointed the pistol at Larry's head causing him to leap out of his seat.


    OK, this is a problem!! What kind of complete POS idiot Cop would point a gun at someones head while disabling the safety. Im sick and tired of reading about cops pulling stupid stunts like this. This lawsuit is well deserved and maybe those idiots will get a lesson in manners and ethics!

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    Regular Member John Canuck's Avatar
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    Wow. So much for the argument that the police get all this great training with guns and should be the only ones. Jewel sounds like an incompetent boob.
    Last edited by John Canuck; 08-25-2011 at 11:44 PM.

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    Quote Originally Posted by John Canuck View Post
    Jewel sounds like an incompetent boob.
    Oh, there's more detailed in the complaint:
    http://www.wvcdl.org/litigation/Whee...mpbell/003.pdf

    Page 5, Line 29 is where the Statement of Facts begin (the details of the police encounter, step by step...). Line 77 is particularly disturbing:

    Unknown Officer No. 2 then replied: “Oh, we won’t taze you. We’ll shoot you.”

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    Moderator / Administrator Grapeshot's Avatar
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    Excellent read and in this layman's opinion a well prepared/written document.

    Only thing that would make it better is if the plaintiffs both had digital recorders running - I see no mention of such.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Very nice

    Quote Originally Posted by TFred View Post
    The complaint makes for some good reading!

    It's hard to imagine how they can even defend themselves against these complaints.

    TFred
    Wow good read, good insight in how easy a cop can (stumble/trample on) a persons rights.

    Chap
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    "Larry Campbell" is referred to in the docs as a Vietnam vet (helicopter). I think I recognize this name - Anybody else? Written up in book on the war? Just curious. MIKE

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    Regular Member John Canuck's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    Oh, there's more detailed in the complaint:
    http://www.wvcdl.org/litigation/Whee...mpbell/003.pdf

    Page 5, Line 29 is where the Statement of Facts begin (the details of the police encounter, step by step...). Line 77 is particularly disturbing:

    Unknown Officer No. 2 then replied: “Oh, we won’t taze you. We’ll shoot you.”
    Oh I read it before, but you're right... not only is he an incompetent boob, but he is dangerous as well.

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    Regular Member riverrat10k's Avatar
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    Don't know about this guy. A Larry "Red Dog" Campbell recently passed away from cancer. He was involved in management of the the Allman Brothers Band and a Vietnam vet.

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    Regular Member tcmech's Avatar
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    I know it will never happen but I would love to see the police officers in question in federal court for violation of the 4th amendment rights of the open carriers.
    If Obama is the answer; how stupid was the question?

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    I am considering krazy-gluing my eyeballs to the monitor to not miss a moment of this case.
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    Personal responsibility is a facade created by religious people in particular...
    On "Personal Responsibility just after the previous, in the same exact thread.
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    One of the officers involved, Matthew Kotson, has been arrested and charged with four counts of second-degree sexual assault.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Quote Originally Posted by JimMullinsWVCDL View Post
    One of the officers involved, Matthew Kotson, has been arrested and charged with four counts of second-degree sexual assault.
    Wow.


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    Quote Originally Posted by JimMullinsWVCDL View Post
    One of the officers involved, Matthew Kotson, has been arrested and charged with four counts of second-degree sexual assault.
    One can only wonder how this story would have played out if his victims had taken responsibility for their own safety and had been carrying.

    West Virginia DOES have pretty strong "Castle Doctrine" and "Stand Your Ground" laws to protect people who use deadly force in self-defense of threats of attacks or serious bodily injury...
    Last edited by Dreamer; 12-03-2011 at 07:04 PM.
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    Quote Originally Posted by Dreamer View Post
    One can only wonder how this story would have played out if his victims had taken responsibility for their own safety and had been carrying.

    West Virginia DOES have pretty strong "Castle Doctrine" and "Stand Your Ground" laws to protect people who use deadly force in self-defense of threats of attacks or serious bodily injury...
    Women should not attempt to attempt to do such - they will only suffer the consequences.
    They should use their cell phone to call the authorities and just give the BG what he wants. extreme sarcasm!

    Fight like a cornered cat !! Hell hath no fury.............!

    "When a cat feels threatened, she gets away from the danger as quickly as she can. She doesn't care what damage she inflicts on her way to safety, but she's not interested in fighting for fighting's sake. She does only as much as she needs to do in order to escape. She doesn't deal in revenge. If she feels threatened, she simply leaves.

    Efficiently.

    Until she needs to use them, her claws stay sheathed. She doesn't go around threatening to maul people. She's cuddly, she's cozy, she likes to curl up next to a crackling fire on a cold winter's day. She's great company.
    But don't try to trap her in a bad situation."
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member Dreamer's Avatar
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    I'm going to be visiting Wheeling for the Holidays, and I was wondering what the status of this lawsuit was, and if any educational or policy changed had been made with the local LEAs with respect to respecting the 1A, 2A and 4A rights of OCers. I plan on carrying a custom ParaOrdnance P-14, and to be honest, I'm not to enamored with the idea of some ham-handed power-tripping Barney Fife manhandling my firearm AND violating my rights as a Christmas present...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Any updates to this? Perhaps link to another thread?

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