Correspondence with UPD
Dear Chief Mendenhall,
I'm writing you in regard to the actions of a couple of your officers while dealing with two Open Carriers in your city. If you are not aware, open carry is a nationwide movement that is gaining steam everyday.
While California has the distinction of being one of most restrictive states when it comes to openly carrying an exposed firearm in public, it is none the less legal, provided all the restrictions are obeyed.
I am hoping that your department provides some type of training to its officers for future dealings with open carriers. Open Carry, when done properly is not a crime, as I mentioned above. I would hope in the future your officers, absent any reasonable suspicion a crime has been committed, or is about to be committed, would treat open carriers as the law abiding citizens they are and not force them to the ground and violate their constitutional rights.
I'm sure you're aware under current law all that officers are allowed to do (in incorporated areas, or areas where the discharge of a firearm is forbidden) is check to see if the firearm is in fact unloaded. [pc12031(e)]
The "e" check, of course, is completely optional (not MANDATED by law) and should take less than 90 seconds to perform. And may I also remind you that California is not a "stop and ID state", and that searching for, or recording the serial number of said open Carriers weapon is a violation of the Fourth Amendment.
In my opinion, an officer who does not believe in the transparency of a government agency, as Officer Duran stated, does not belong on the force. Or at the least, needs some serious retraining.
There are plenty of other cities across this state, and across the country that know how to deal with law abiding citizens who openly carry weapons in accordance with local laws. I'm sure your city can come up with a reasonable policy to be more in line with these other departments.
I would love to hear your thoughts on this issue and any changes or training you have planned. I fully support all law enforcement and acknowledge your job, and that of your officers, is not an easy one. However, I would hope that in the future your officers can treat law abiding citizens as such.
That a store near where this incident occurred was recently robbed, as Officer Duran stated, should have no bearing on the way men who are obviously no threat should be treated.
With much respect, Jerry J.
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This email is being written to all persons that took the time to correspond with me regarding the recent posting of an Upland officer dealing with two individuals who were not involved in any illegal activity. The individuals were exercising their Constitutional right to carry an unloaded weapon in plain sight. I do agree the individuals were not breaking the law. The call for service could have been handled in a more professional manner, consistent with the training previously provided to all officers.
Prior to this incident, the Upland Police Department conducted briefing training on how to handle a person exercising their Constitutional right by “open carrying”. The Upland Police Department used a District Attorney training bulletin as the basis of the training. The training, in a nutshell, advises officers have a right to check the weapon to make sure it is unloaded. Officers should not lengthen the detention by running the serial number of the weapon or individuals involved.
On the night of the incident, when Command Staff became aware of the call and how it was handled, immediate steps were taken to ensure all officers received refresher training. The Patrol Commander has ensured that all patrol briefings have gone over the appropriate way to handle an “open carry” call for service and what legally can be done by the officers.
In closing, I do believe Upland Police officers made mistakes during this contact and the incident could have been handled better. The Upland Police Department has opened a citizen’s complaint investigation of the incident and as such all officers involved will be afforded their personnel rights.
Within 48 hours, “open carry” advocates exercised their rights at the same shopping center and all subsequent calls for service were handled appropriately, indicating the refresher training was successful.
Jeff Mendenhall
Acting Chief of Police
Upland Police Department
1499 West 13th Street
Upland, California 91786
909-946-7624 ext 3200
jmendenhall@uplandpd.org
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Dear Jerry J,
The Upland Police Department is considering this a citizen’s complaint. Since we have no physical address we are sending the response via email, which was provided.
Sincerely,
Luz Barrett
Senior Admin Asst
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(note: Included was a correspondence letter on official letterhead stating that "I have assigned Lieutenant Marty Elliott to investigate your allegations. At the conclusion of his investigation, you will be advised of our findings." )