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Arrested at range for refusing illegal search by police

bmg50cal

Regular Member
Joined
Jan 20, 2011
Messages
306
Location
WA - North Whidbey/ Deception Pass
Could you post a little fair use excerpt?

Here is the user's OP in it's entirety... taken directly from the link above. No membership is required to read the entire thread.

Posted @ 0701 CST 30DEC11
It's been about 12 hours since this happened and I'm still freakin' furious. I didn't get much sleep last night since I'm so emotionally charged up about this and I've been awake since 3:30 am since I couldn't sleep, so I apologize if I'm not entirely clear or coherent. I just gotta get this off my chest and vent to some fellow gun owners. I'll try to keep it short.

I took the day off yesterday to go to the range to finally shoot my new PS90. I was really looking forward to the trip since I've had the thing for about 6 months and still haven't fired it yet. After I parked and grabbed my range bag out of the trunk, I started walking toward the entrance and noticed two cops standing there with a folding table set up near the doors.

As I got closer, one of them approached me and told me to please step over and put my bags on the table. I asked "why?". The cop responded in a very belligerent tone of voice "just step over to the table and lets see some ID". Again I asked, "what is this about". Finally the other cop said "we need to check your firearms. We're performing a check on all firearms and you can't go in until we complete the check". Again I asked "why?". The belligerent cop said "we're just doing a check" and again demanded to see my ID.

I said "no, you can't just perform random searches of people's property without probable cause". This is where things started to go downhill. There was a bit more conversation about searching my bags and more of my refusal, reminding them that they had no right to do so. I believe I quoted the 4th amendment which really pissed them off and one of them commented that my rights don't matter in this case. Finally, belligerent cop said "if we don't search your bags then you can't go in", so I said "fine, I'll leave" and turned around and started to walk away. Out of the corner of my eye, I saw belligerent cop come at me and it was clear he was going to try something physical, so I braced myself. He grabbed me and tried to throw me to the ground, but I managed to slip loose and he ended up going down himself. Now the other cop is screaming at me to get down on the ground and I turn around to see him pointing his Glock at me. I cannot believe this is happening. An anticipated fun day at the range instantly turned into a nightmare.

They handcuffed me, sat me down on the sidewalk, emptied my pockets and then proceeded to search my range bags. They open my little rifle bag, find the PS90 and try to tell me it's an illegal gun and only military are allowed to have them. All the while, they keep going on about how they're going to come to my house to confiscate all my guns and how I'll never be allowed to own a gun again. They kept asking me all kinds of questions and kept going on about someone named Hector, but after they handcuffed me, I really wasn't listening and stopped talking to them.

Long story short, I was taken to jail, charged with disorderly conduct, assault on a police officer and resisting arrest. I sat there for most of the day before the wife came to bail me out. They gave me my wallet and keys back, but all the cash had been removed from my wallet (about $80) and my drivers license and FOID card were missing. When I asked the clerk about it, she eventually found my license and gave it back to me, but didn't know anything about the FOID card. I also got my range bag back, but it was empty and I didn't get the rifle bag. The PS90 with EOTech holo sight, two 50 round mags and 300 rounds of 5.7 hollow point ammo were gone and they wouldn't give it back to me. The total value of confiscated equipment, about $2200.

At that point, I was tired and just wanted to get out of there. We still needed to drive all the way back to the range to pick up my car. They apparently didn't bother to search the car thankfully, since everything was the way I left it.

While I was being processed at the police station, I found out why they were stopping and searching people at the range. Apparently, about a week ago there was an incident where a cop was shot. The cop is OK, but apparently some very specific ammunition was used and they were looking for anyone who might have it or a gun that could fire it. Somehow they got the idea to search everyone going to the range. I don't know what the logic is behind that decision or what the details are, but I'll try to find out more later. Apparently the cops are very upset about this shooting and are going crazy to find the shooter. Violating people's rights don't seem to be any of their concern, as long as they find their man.

Luckily, my wife works for a very large law firm in Chicago which is the exclusive firm for the CPD. I am going to talk with a lawyer later today about the whole ordeal.

Thanks for letting me vent.
 

tim12232

Regular Member
Joined
Jul 1, 2011
Messages
131
Location
Charlotte, NC
I hate Illinois with a feverish passion!:mad::cuss::banghead::mad::banghead::mad::banghead::cuss:

I lived there for 2 years, suburb of Chicago. It almost makes CA look good! I know there laws are better, but I can deal with most cops in CA, IL I cant deal with. Im angry just thinking about the state right now!
 

cotillion

Regular Member
Joined
Sep 17, 2011
Messages
18
Location
medford
I'm not sure if I'm alone in this because this is kind of a bold statement, but it really bothers me that cops are untouchable. That they can pull these shenanigans and get away with it. That there's hundreds of cops I would consider just as big of a threat as a Meth head out of Meth yet any type of defense against them and you're done for. You have no rights against cops, its actually a pretty scary feeling. I read these forums a lot about encounters and the only fear anyone here seems to have is police run ins, because really what are you gonna do? Record them? Heck they could grab your device, smash it then arrest you and simply state that you swung on him. That is fact and its scary. I know there's good cops and they have a tough job but their image as a whole is ruined
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
Actually, they are not untouchable..they want to think they are though. Maybe within their department, but if you file a federal suit they can be touched...their own personal wallets too, not just the depatments.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
Here is the user's OP in it's entirety... taken directly from the link above. No membership is required to read the entire thread.

Posted @ 0701 CST 30DEC11

Thanks!

Hee, hee, hee. If the OPers story is true, well, the cops screwed up badly. Let their arrogance and protect-the-clan attitude run away with them, right over the 4th Amendment's guarantee of security from unreasonable searches and seizures.

Hmmmm. Lemme see. No probable cause. No warrant. No recognized warrant exception. The only reasoning being that anybody who arrived at the range--walked into the spider's parlor--was gonna get searched. And then assaulted him. And, falsely arrested him.

My, oh, my. Is that bacon I smell frying? I hope he sues. For a lot of money.
 

bmg50cal

Regular Member
Joined
Jan 20, 2011
Messages
306
Location
WA - North Whidbey/ Deception Pass
Thanks!

Hee, hee, hee. If the OPers story is true, well, the cops screwed up badly. Let their arrogance and protect-the-clan attitude run away with them, right over the 4th Amendment's guarantee of security from unreasonable searches and seizures.

Hmmmm. Lemme see. No probable cause. No warrant. No recognized warrant exception. The only reasoning being that anybody who arrived at the range--walked into the spider's parlor--was gonna get searched. And then assaulted him. And, falsely arrested him.

My, oh, my. Is that bacon I smell frying? I hope he sues. For a lot of money.

Maybe he'll have two nice badges to hang on next holiday's tree... :lol:
 

jeremy05

Regular Member
Joined
May 18, 2009
Messages
426
Location
Arizona, ,
Law enforcement is NOT untouchable, but once they make the decision to violate your rights by illegally arresting you, I would think you need to listen especially if they tell you to get on the ground.

The street is not the place to try to explain to a LEO about your rights and blah blah blah, that what court is for, the LEO already made up his mind about what hes going to do. Your going there anyways, why make it worse! Just wait till your sprung, keep your mouth shut, and sue sue sue.

Good luck on your case!
 

carsontech

Activist Member
Joined
Apr 7, 2011
Messages
529
Location
Anderson, SC
Wow. He was doing ok until he made the LEO, who tried to grab him, fall on his ass. That's going to look worse than bad in court, especially in IL. I know it's a natural reaction to snap away from someone trying to grab you, so I don't know if I would have done the same thing or not. I would try my best to take it in the butt and fight it in court, but a natural reaction is hard to overcome, sometimes. Anyway, as everyone has read, it appears those particular LEOs didn't like it when he stood up to them.

I have to admit, my heart rate went up a bit and I had hatred for almost every cop and government authority on the planet for a few seconds, while reading the guys post. I know there are "good" and "bad" employees in all lines of work, which I have to keep reminding myself, but the LEOs' behavior in the posted situation seemed uncalled for.
 
Last edited:

jeremy05

Regular Member
Joined
May 18, 2009
Messages
426
Location
Arizona, ,
That's a good point, its good to remind yourself that not ALL LEOs are bad, but equally as important LEOs need to remember that not all citizens they encounter are bad.
 

gm2max

Regular Member
Joined
Oct 29, 2011
Messages
66
Location
Virginia Beach
This is a prime example of another reason I love being a gun owner in VA. CHP cost me $15, I can OC any type of gun, no matter what size, mag capacity, or type.
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
This is a prime example of another reason I love being a gun owner in VA. CHP cost me $15, I can OC any type of gun, no matter what size, mag capacity, or type.

Amen to that. While not out of the realm of possibility, I just don't see that kind of thing happening here in Virginia. I mean, what is the likelihood of the perp deciding to go to an indoor range AFTER he has shot a police officer? With this sort of thing going on in Illinois, can you imagine the mayhem that would descend upon the people who live there should a statewide disaster occur? Could make New Orleans after Katrina look tame.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
It seems like we should stop calling them LEOs. It's not a very accurate description anymore.
 

Snazuolu

Regular Member
Joined
Oct 3, 2010
Messages
62
Location
Forest
COMMENTS REMOVED BY ADMINISTRATOR: LEO Bashing

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While you may disagree strongly with another poster based upon their opinion, we will NOT tolerate any personal attacks or general bashing of groups of people based upon race, religion, national origin, sex, sexual orientation, gender-identity or choice of occupation (e.g., being a law enforcement officer, in the military, etc). NOTE THAT THIS RULE APPLIES TO PMs AS WELL AS FORUM POSTS!!!
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
This is a prime example of another reason I love being a gun owner in VA. CHP cost me $15, I can OC any type of gun, no matter what size, mag capacity, or type.

From what Clerk of Court, in what municipality, do you get a Va. CHP for $15.00?

"The total amount assessed for processing an application for a permit shall not exceed $50, with such fees to be paid in one sum to the person who accepts the application."
http://198.246.135.1/cgi-bin/legp504.exe?000+cod+18.2-308

There are still some restrictions/limitations i.e Class III and Street Sweeper.
 
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