read the entire post guys
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I was charged with open carry
- Thread starter el rompe toto
- Start date
read the entire post guys
ComradeV
Campaign Veteran
Lawyers
I hope he found himself adequate legal defence; the system generally seems poised to prey upon the weak who cannot afford competent legal advisers.
I hope he found himself adequate legal defence; the system generally seems poised to prey upon the weak who cannot afford competent legal advisers.
ADulay
Regular Member
If one of the mods here has the appropriate powers, perhaps they should just "close" or "lock" this thread for the time being.
AD
AD
No reason to lock the thread. The OP has council and I'm sure will not go contrary to instructions from same.
No one else has direct knowledge of what happened. We just need to be patient and stand by.
actually not an easy answer- he wasn't OC'ing. second, he doesn't have a duty to inform here in florida. AND, since the cop didn't see him breaking the law, he really didn't have RAS. (unless the manner he was getting into his car was suspicious.)
if the cop would have pulled up behind me in that situation, i would have stood still, and asked him what was going on. depending on his answer, that would determine what i would do. "shots fired in the area" = wasn't me, sorry. "call about a man with a gun" = well, he can't see a gun on me, so he can't really suspect me..
many different answers
ADulay
Regular Member
People do funny things when the law shows up in the mirrors with everything "lit up".
As this is generally NOT a normal event in one's life, some sort of mental change happens and you may wind up doing some odd things, especially when you look back at it!
With that said, once you've been pulled over a few times, you kind of get a feel, or get "used" to the overall "sight and sound experience" and your mind gets back to working more normally.
I believe my wife actually hit a mailbox the first time she got pulled over here in town. She was that freaked out about it. They let her off with a warning and she had to replace the mailbox!
Stuff happens with that flashing blue LED in your eyes.
AD
As this is generally NOT a normal event in one's life, some sort of mental change happens and you may wind up doing some odd things, especially when you look back at it!
With that said, once you've been pulled over a few times, you kind of get a feel, or get "used" to the overall "sight and sound experience" and your mind gets back to working more normally.
I believe my wife actually hit a mailbox the first time she got pulled over here in town. She was that freaked out about it. They let her off with a warning and she had to replace the mailbox!
Stuff happens with that flashing blue LED in your eyes.
AD
he didn't get pulled over though....it's like he ratted himself out...for what though? why? why did he even put his hands up? why did he "assume" the cop was responding to a shots fired call? what he did was practically an admittance of guilt by an innocent person. and the cops didn't want to look like idiots, so they had to charge him with something..
This was the result of being pulled over and the officer ordering everyone out of the car.
That assumption may be correct.
the OP said he was GETTING IN to his car, when a cop pulled up behind him, so turned around, and since he was carrying (and heard gunshots), put his hands up, WHICH EXPOSED his gun.
he didn't say he was IN the car, and the cop made him get out.
He typed that on his iphone. I guess it should have said "sitting in" not "getting in".
I've spoken to him, read the arrest report, have his statement, and the court docs.
It is OUTRAGEOUS that he is being charged with open carry in this circumstance!
KYGlockster
Activist Member
If you have ever had any run-ins with leo's, you would know the majority of such aren't the most logical thinkers. If he was responding to a "shots fired" call, and the OP was the first civilian he noticed, then he is going to be asked questions at the very least, and lucky he wasn't proned out at gunpoint, simply because he was in the general area and there are alot of cops who just like taking their gun out of their holster. I was riding down a local road with my uncle when we pulled into a parking lot to our right because there was a slew of cop cars coming at us code 3. There was a fight across the road from us in a mall parking lot, but since we pulled over like is mandatory under Ky law when emergency vehicles are approaching, they pulled in behind us, (7 cars), and conducted a felony stop. They ordered my uncle to turn off vehicle, throw out keys and slowly exit, and myself, being only 15 and not knowing any better, exited at the same time and walked towards the rear of the van, ASA I was within view of the cops they all placed
their weapons on me, and demanded me to get on my stomach, which I immediately done, and then had 3 grown men on me, with a glock jammed in the back of my head. After they searched the van, they asked us why we pulled over, yadda yadda. Their excuse for the whole ordeal?, that someone called and said someone was bringing a firearm to the fight in a brown mini-van! Of course that was prolly total bull$$it, but that was there excuse and they sent us on our way, still getting the gravel out of our knees and head. I was only 15 and didn't know what I know now, and didn't pursue the matter, but it made me resent the law for a long time, and showed me that they will lie to get there way or out of a bad situation. Point being they had their RAS simply because he was in the area of gunfire. Not that it's right, but that's how the law is! I would like to thank Florida carry for coming to this young mans assistance. It should make you floridians proud to have such a great organization at your disposal, and would certainly join in their cause.
their weapons on me, and demanded me to get on my stomach, which I immediately done, and then had 3 grown men on me, with a glock jammed in the back of my head. After they searched the van, they asked us why we pulled over, yadda yadda. Their excuse for the whole ordeal?, that someone called and said someone was bringing a firearm to the fight in a brown mini-van! Of course that was prolly total bull$$it, but that was there excuse and they sent us on our way, still getting the gravel out of our knees and head. I was only 15 and didn't know what I know now, and didn't pursue the matter, but it made me resent the law for a long time, and showed me that they will lie to get there way or out of a bad situation. Point being they had their RAS simply because he was in the area of gunfire. Not that it's right, but that's how the law is! I would like to thank Florida carry for coming to this young mans assistance. It should make you floridians proud to have such a great organization at your disposal, and would certainly join in their cause.
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ixtow
Founder's Club Member
...hunting for Qualified Immunity.
ixtow
Founder's Club Member
This. Don't inject into the OP and run from there...
i don't get that....was this guy the ONLY person in the area? i find that hard to believe. it's innocent until proven guilty, and simply being out at 4pm or 4am doesn't make you a criminal.
so, the OP says, "i was getting in my car..."
and someone who has spoken with him says he was SITTING in his car.
so, if he was SITTING in his car, what RAS does the cop have to make him get out? did he witness a traffic infraction?
and if he was GETTING in his car, then what RAS does the cop have to make him raise his hands? did he witness the gun? no. he didn't see it until his arms were raised. this guy wasn't accused of committing a crime, nor was there reasonable suspicion that he was going to commit, or just had committed a crime.
this is outrageous.
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ixtow
Founder's Club Member
We don't know the details of the story, we only have the OP with missing data and presumptions made about it by others who shouldn't be making presumptions if they had any sense or respect for how this needs to be kept quiet. Exactly how 'outrageous' it is will depend on how much of the OP presumptions are true, and how well the cop lied/planned for this charge in his false report.
Yes, in his neck of the woods, I consider all police reports false. They WILL pull the 'sprinkle some crack on him' bit down there...
The OP should say nothing further. Lets keep the speculation to a minimum.
Sound advice always.
so then why doesn't someone close this thread then? makes no sense to me. i'm commenting on what the OP said- then someone wants to come and say, "oh, he meant something else"...so wtf is going on? if we can't speculate, close the effing thread!
The is a distinct difference between following the developments of a case (or maybe offering assistance) and unsubstantiated speculation which is not unlike hearsay. OTOH, posting personal knowledge of details w/o at least the indirect permission of the individual's lawyer is frequently misguided.
It is a fine line sometimes is it not.