Arrested at Salem Fair

While attending the Salem Fair with my family, I was arrested by three members of the Salem Police Department. I recently sent a complaint to Jeff Dudley, Chief of Police. That missive appears below.

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Chief Dudley:

I am writing to draw your attention to acts of misconduct recently committed by several of your officers. I have been unable to locate any guidelines for filing a formal complaint with your department. Please consider this letter to be such a complaint, and direct it to the appropriate parties.

On July 9, 2011, I accompanied my wife and daughters to the Salem Fair, held on the grounds of the Salem Civic Center. I was lawfully in possession of an openly-displayed handgun, which was properly secured in a holster.

Shortly after I arrived, I was confronted by Officers M.C. McAuley and D.M. Crouse. Officer McAuley claimed that citizens of Virginia are generally required to carry an identification document, and demanded that I produce one. When I disputed his claim, he stated that because the Salem Civic Center is owned by the City of Salem, it is private property, and that he is therefore authorized to eject any person at any time for no reason whatsoever. Officer McAuley then said that I would be banned from the Salem Fair and arrested for trespassing unless I produced an identification document.

When I continued to dispute the validity of the officers' demands, they summoned a supervisor, Lieutenant M.H. Brightwell, whose ignorance managed to surpass that of his subordinates. He was immediately belligerent and hostile, refusing to consider the possibility that the officers had exceeded their lawful authority, and later unnecessarily escalated the situation by ordering his officers to be prepared to use deadly force against me.

Lieutenant Brightwell claimed that under Virginia law, citizens carrying firearms are also required to carry an identification document in order to prove that they are not convicted felons who are carrying illegally. Lieutenant Brightwell threatened to arrest me for interfering with a police officer and/or creating a disturbance if I could not supply an identification document. He subsequently ordered my arrest. Over my express objections, the officers seized my handgun and confined me in a holding area for a considerable period of time. I was eventually released, my property returned to me, and allowed to rejoin my family on the fairgrounds.

I should not have to explain to you that your officers' application of the law is a travesty. In particular, Officer McAuley's gross ignorance of the concept of public property is completely inexcusable, and Lieutenant Brightwell's claim that I am required to prove myself innocent of a crime is completely outrageous. In addition, the report filed after the fact by Officer McAuley is deliberately misleading, with many material misstatements and omissions. I have attached a copy of this report for your convenience.

At best, the officers' actions reflect a grievous misunderstanding of the laws they are sworn to enforce. At worst, they reveal a deliberate disregard for those laws so that they can act as a law unto themselves.

According to your department's mission statement, the Salem Police Department is to protect the individual liberty of all people within the City of Salem. Your officers failed to fulfill this mission, and in fact actively violated my individual liberty. I ask that you reprimand these officers for their actions, and advise me of the corrective actions you will be taking.

I look forward to your response.

FOIA I would see if there are any written statements from the three upset citizens that contacted the police about you. I would also be concerned to see what the radio traffic was. Did you see a no weapons sign when you entered?? Not that it really matters if the fair and the grounds were Salem property. Good Luck let us know how it turns out.

wow...I'm speechless.

Good, well-written letter! I hope you receive a swift and satisfactory response. Have you consulted an attorney about this incident?

This is becoming routine action in the Roanoke and Salem area it seems. Tosta Dojen have you retained legal counsel for this act? If not how can we help? I'm ready to pitch in if necessary.

Very impressed with you letter, can hardly wait for a response.

For the Children

" ... in close proximity to MANY children ..."

Well, there you go. Once again, cops using kids as an excuse. Plus, you were "nervous" a sibling to "furtive" -- seriously, how do you defeat or rebut THOSE accusations?

Be sure and let VCDL know about this.

So when you asked if you where under arrest and he said no (according to ifficers report) what happened?

Advice i recievd on here is to walk away and make them escalate by following you etc. But i dont know how that would work in practice. What did you do?

So they returned your firearm AND allowed you (with said firearm) to re-enter the fairgrounds?

What kind of Mickey Mouse operation are they running out there in Salem?

I'm working on one such case, now. Gentleman and his wife accosted at Great Meadow, Fauquier Co., "Scottish Games" event. Thread at:http://forum.opencarry.org/forums/showthread.php?94704-OC-Incident-at-Scottish-Festival

This case is even more egregious, since the Civic Center is clearly public property (how can they even find a cop dumb enough to say, all in the same sentence, that it's owned by the city and is therefore private?). Va. Code section 15.2-915 clearly applies.

Feel free to call me, 540 347 2430, to chat about it. (I don't charge money unless I actually start doing "work", and then I'll let you know before that happens.)

Repeater said:

" ... in close proximity to MANY children ..."

Well, there you go. Once again, cops using kids as an excuse. ....

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Say, did those cops have guns in close proximity to children? Sounds like a threat to national insecurity to me.

Oh, dear sweet fluffy puppies! Please file your suit in state court instead of federal. Even though the amount of damages are more restricted there is not as much bias in favor of the cops.

This looks like an absolute slam-dunk case. It ought to be a crime for attorneys to take as large a percentage as they commonly do for handling a case like this because almost all the work has already been done for them by the cops. But go ahead and hire an attorney and let him file the paperwork for you.

I'm moving my philosophy away from generally starting off with complaints and discussions and more towards those activities are OK only when nothing has actually happened, and after something as egregious as this the only thing one can do to try and get the guilty parties to change their ways is make it as expensive as possible for them. Biuld a case history if for no other reason than to make it easier for the next person to be abused to show the courts the cops and their administration knew better but went ahead and ignored the laws and Constitution again.

stay safe.

Good luck man, reading this stuff scares the crap out of me. I moved to VA a couple years a go from MA and this crap is how it all started for us too.

If I'm not mistaken, this is the second time the OP was illegally detained because he appeared nervous.

Tosta, please tell me you got a recording.

The linked document makes the LEO sound almost reasonable. I would be nervous too if I thought I was about to be arrested.

I hope you had witnesses to back up your allegation of falsifying that document.

If they told you that you were under arrest, and I'm assuming you were not taken before a Magistrate or issued a Virginia Uniform Summons, I have a HUGE problem with that.

Really hope there was a recording.

you might want to have this post removed until you seek advice from an attorney. I hope this incident enriched your bank account.

are all their narratives in all caps?

I seem to recall a recent opinion posted here where the judge said it was entirely reasonable to act a little nervous when a cop was strutting all their stuff in your face. I don't remember the thread or the case though.

TFred

paramedic70002 said:

The linked document makes the LEO sound almost reasonable. I would be nervous too if I thought I was about to be arrested.

I hope you had witnesses to back up your allegation of falsifying that document.

If they told you that you were under arrest, and I'm assuming you were not taken before a Magistrate or issued a Virginia Uniform Summons, I have a HUGE problem with that.

Really hope there was a recording.

you might want to have this post removed until you seek advice from an attorney. I hope this incident enriched your bank account.

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Why delete the post? All he stated was that he was arrested and he posted a copy of the letter he sent to the chief. It's not like he discussed or gave away any secrets to his strategy for his defense.

I know TD very well, although I have not seen him in person since the incident mentioned in the letter. He never goes anywhere open carrying without thoroughly knowing the legal situation beforehand, including all applicable rules and regulations. He is EXTREMELY good at dotting all the i's and crossing all the t's, doesn't leave things to chance, and knows the right things to say and what not to say, and what to do in order to be prepared. This was not his first, nor even his second rodeo. He is always prepared.

The letter above is just a sample of the quality of work he does. Note the care and patience demonstrated, by noting the timing of the letter. The incident happened on July 9. Any attorney will tell you that what you don't say is as important as what you do say, as well as when you say it. Knowing him, I would be shocked to find that the letter showed his whole hand.

I'm sure he's in good shape, legally speaking.

But I'm also sure your encouragements are welcome.

t3a1s5 said:

I know TD very well, although I have not seen him in person since the incident mentioned in the letter. He never goes anywhere open carrying without thoroughly knowing the legal situation beforehand, including all applicable rules and regulations. He is EXTREMELY good at dotting all the i's and crossing all the t's, doesn't leave things to chance, and knows the right things to say and what not to say, and what to do in order to be prepared. This was not his first, nor even his second rodeo. He is always prepared.

The letter above is just a sample of the quality of work he does. Note the care and patience demonstrated, by noting the timing of the letter. The incident happened on July 9. Any attorney will tell you that what you don't say is as important as what you do say, as well as when you say it. Knowing him, I would be shocked to find that the letter showed his whole hand.

I'm sure he's in good shape, legally speaking.

But I'm also sure your encouragements are welcome.

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No matter his i's dotted and his t's crossed there is inherent in the 'system' a need for a qualified attorney. In the minds of the judges and other gears of the system a 'person' without an attorney does not get listened to as well as someone inside the system. Hence, the qualified attorney.