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Taken down at gun point at Greenlake today.

amzbrady

amzbrady

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Mar 1, 2009
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Marysville, Washington, USA
jsanchez said:
So I informed the officers that they had violated my civil rights, freedom of movement. I presented them a copy of their departments trainning memo, all two pages, and i told them they were in violation of RCW 9A 80 010. Gross misdermenor when police deprive citizen of civil rights. I explained that the two conditions to arrest me, one, gun in hand, two , making threats had not been met. Another officer arrived, I guess their supervisor, I showed him the paper work also. They tried to use SMC 18.12 no guns in park against me, but I informed them that it had been overtuned in King County Superior Court. They called there Lt. Then they locked my guns in my car across the street, and told me for officer safety to retrieve them after they leave. I did and went for a walk around Greenlake with my wife. My wife said the lady that called was embarressed when the police spoke with her when wrapping things up. An incident # was generated and it is 11-274592. The officers involved were Shilipeyar #5183, Kamalu #5990, and Hargraves #2974. The youngest officer was Kamalu, who by the way was the officer that responded to the shooting at Folklife a couple of years ago, so I was told by the supervisor.

On a seperate note, not more than 24 hours earlier I was at the South West Precincts picnic, walked all over the place, talked to officers and Chief Diez.

I just want to thank all the members of Washington Open Carry for teaching me what to do in situration like this. Thank you very much.
Click to expand...

You must have cut class on "RECORDING 101". :p It is good to hear, you didnt wind up injured when they took you down. Just wondering did you give them permission to open your car, to put your firearms in it? Isnt that breaking and entering? Did you give them permissoin to take your firearm?

Number 5, need input

View attachment 6708
Jayd1981 said:
With SPD's history of assaulting citizens, can we get the police officers disarmed under the guise of "Citizen Safety"?
Click to expand...
That would teach em.
 
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John Hardin

John Hardin

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Bill Starks

Bill Starks

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Nortonville, KY, USA
In 2008, the Seattle Police Department put up a billboard in New York boosting the ranks of Seattle's police force in hopes of attracting new recruits.
http://www.komonews.com/news/problemsolvers/91885594.html

Feb 2008
Last month, the department made 33 hires and he expects 14 more to accept in the next week.
"We're open to any ideas to bring in any recruits we can but we are not lowering our standards," he said.
The department has started traveling around the country to find candidates, and sent recruiters to Hawaii for a job fair. Caylor said the department also started advertising on Internet job sites, which resulted in more candidates. Entrance examinations are now held monthly instead of quarterly.
Nickels added money to give new hires $5,000 bonuses; new recruits also receive uniform and equipment vouchers, and moving expenses of $5,000. Department employees who refer successful candidates can earn $1,000 bonuses.

In any case they have been hiring from lots of ANTIgun states - NY, NJ, HI, CA
 
BigDave

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State v Casad while I like the wording in the unpublished opinion,

Casad’s appellate counsel conceded that she would personally react
with shock, but she emphasized that an individual’s lack of comfort with firearms does not equate
to reasonable alarm. We agree. It is not unlawful for a person to responsibly walk down the
street with a visible firearm, even if this action would shock some people.
​


It still is an unpublished opinion and from my understanding it may not have any effect on future cases or does it?
 
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CEM

CEM

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Kirkland, Washington, United States
jsanchez said:
I had just completed a walk around Greenlake and was waiting for my wife to arrive, when I saw a lady on the phone, and I thought she was calling police. Sure enough 5 minutes later 2 Seattle Police cars show up and the lady runs over to talk to them and points in my direction. The officers park there cars and the fat one tries to make a tatical approach, aka trying to sneak up, but he was wider then the tree he was trying to hide behind. So he peaks around the tree to see me and I wave at him, don't you hate it when you lose the element of surprise. So he orders me to put my hands on top of my head and dont move. His partner is at my 2 o'clock has his gun out and at the low ready. I put my hands on my head and wait for him to take my gun. He cant get my gun out of my level 3 holster so he ends up taking my belt half way off. They ask me if I have any other weapons on me, I say yes and tell them I have a second gun in my front pocket, they remove that off me.

Now they have all my guns and they put their guns away and now the conversation begins. Them, what are you doing here with a gun? Me, what cad supported probable cause do you have to stop me? More to follow....
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It's just wrong what happened to you. I'm glad your ok. Your a man with chutzpah to deal with a scary situation and soon after walk armed again in the same park. I hope you can set a precedent for Seattle PD and it's citizens that a gun isn't evil on it's own and open carry is perfectly legal.
 
CEM

CEM

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M1Gunr said:
In 2008, the Seattle Police Department put up a billboard in New York boosting the ranks of Seattle's police force in hopes of attracting new recruits.
http://www.komonews.com/news/problemsolvers/91885594.html

Feb 2008
Last month, the department made 33 hires and he expects 14 more to accept in the next week.
"We're open to any ideas to bring in any recruits we can but we are not lowering our standards," he said.
The department has started traveling around the country to find candidates, and sent recruiters to Hawaii for a job fair. Caylor said the department also started advertising on Internet job sites, which resulted in more candidates. Entrance examinations are now held monthly instead of quarterly.
Nickels added money to give new hires $5,000 bonuses; new recruits also receive uniform and equipment vouchers, and moving expenses of $5,000. Department employees who refer successful candidates can earn $1,000 bonuses.

In any case they have been hiring from lots of ANTIgun states - NY, NJ, HI, CA
Click to expand...

I remember that happening a few years ago. Seattle PD has a current hiring freeze, at least an unofficial one, put forth by Mayor McGinn. Unless that has changed recently?
 
CEM

CEM

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Best advise with any issue dealing with "the law" is to record, don't say things to incriminate yourself (even if you think your not) and get a good lawyer. And while I think a lot of lawsuits are just ploys to get money and are frivolous, this isn't and is likely a clear violation of your rights.
 
Lammo

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Spokane, Washington, USA
BigDave said:
State v Casad while I like the wording in the unpublished opinion,

Casad’s appellate counsel conceded that she would personally react
with shock, but she emphasized that an individual’s lack of comfort with firearms does not equate
to reasonable alarm. We agree. It is not unlawful for a person to responsibly walk down the
street with a visible firearm, even if this action would shock some people.
​


It still is an unpublished opinion and from my understanding it may not have any effect on future cases or does it?
Click to expand...

Unpublished opinions are not binding legal precedent and they cannot be cited in legal briefs. However, this does not mean that they are useless. I have often found unpublished cases that exactly support the position I want to argue. Just because I can't cite them doesn't mean i can't use language from the case (some would call this plagiarism - - in the law this is not only expected, it is required). It really is too bad that Casad wasn't published as it has very good language for open carry. Go ahead and use the language - - just don't tell anyone where you got it. :)
 
Schlepnier

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Even in the published opinion they stated that the state constitution not only protects the right to open carry, it also prohibits the state from preventing it. that should be enough legal clarification.
 
user

user

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Feb 12, 2009
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Northern Piedmont
I confess I haven't read the entire thread. So I apologize for any redundency.

First, get the 911 / dispatcher tape and log before they vanish - use a subpoena if you can or freedom of information act, or whatever's available in your state, but they'll only keep that stuff for a few days. It would be good to know what your state's records retention law says, btw.

If it were me, I'd file suit right now against the caller for false arrest; use a subpoena duces tecum to the police to get their notes, incident report, and anything that could be used to identify the caller, as well as what the caller said. That way you can get lots of stuff out of the cops before even thinking about filing against them.

If all the caller said was, "man with a gun", and no one thought to ask whether the man was doing anything with the gun that could be considered unlawful, then that's like calling and saying, "man with blue hat". In that case, the cops' pulling a gun on you is also a tortious act, namely assault, because there was no probable cause whatsoever for either the stop/detention/arrest or the threatened use of deadly force. Handling your belt/gun constitutes battery, both a crime and a tort.

Caveat: I'm only an attorney in Virginia, and don't know spit about the law where you live.
 
gogodawgs

gogodawgs

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