• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Pulled from Car for OC

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
So apparently a drug agent saw my OCd pistol in a Serpa holster and claimed it was tucked inside my waistband. I was stopped 8 miles later after entering and exiting the highway by SP. Was removed from vehicle at gunpoint. My pistol was removed from my right sided while still seated. Officer swept my legs while removing it. That is all for now.

Sent from the back of a black van


Sent from the back of a black van
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
So apparently a drug agent saw my OCd pistol in a Serpa holster and claimed it was tucked inside my waistband. I was stopped 8 miles later after entering and exiting the highway by SP. Was removed from vehicle at gunpoint. My pistol was removed from my right sided while still seated. Officer swept my legs while removing it. That is all for now.

Sent from the back of a black van


Sent from the back of a black van

Where?
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME

Bangor/Orono....

Seasonally
Apparently i was observed in Bangor at a gas station. Got on highway. State Police were in median waiting about 2 miles up for me to pass. I pass and see them pull out, i check my speed and am okay. They follow me of the exit and pull me over about a block before the Orono barracks.

Sent from the back of a black van
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
Anyone have a recommendation for a good firearms/civil rights attorney in Maine? :D

Sent from the back of a black van
 

tattedupboy

Regular Member
Joined
Aug 10, 2006
Messages
518
Location
Gary, Indiana, USA
You stopped the story after the part about them disarming you. What happened after that point? Were you charged with anything? Was your weapon returned?

Sent from my Galaxy Nexus using Tapatalk 2
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
While inquiring minds want to know, say/post NOTHING until after you have talked to an attorney AND he approves of any further disclosure(s). Even if you were not charged, there are some serious problems with the conduct of the officer. Hope you were recording.

P.S. Would file a FOIA request for all related to this.
 
Last edited:

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
While inquiring minds want to know, say/post NOTHING until after you have talked to an attorney AND he approves of any further disclosure(s). Even if you were not charged, there are some serious problems with the conduct of the officer. Hope you were recording.

P.S. Would file a FOIA request for all related to this.

This.

FOAA filed, response received, awaiting documents

Sent from the back of a black van
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
This.

FOAA filed, response received, awaiting documents

Sent from the back of a black van

You need to find a good attroney who understands civil rights law, particularly how to sue for damages and injunctive releief under 42 USC 1983 for violations of the fourth amendment. 42 USC 1988 provides for attorne fee shifting if you prevail in a 42 USV 1983 action.

From your fact pattern, it sounds like the police violated your 4th amendment right by conducting the traffic stop based merely upon seeing you open carrying into your car - although such conduct in maine requires a concealedhandgun license, the police have no power to seize you just to check to see if you have a license. Delaware v. Prause (no stopping cars for licenses checks absent at least reasonable suspicion that crime is afoot).

it also sounds like the police violated your 4th amendment rights by pulling you from your car and taking your firearm. See Terry v. Ohio (no searching people are confiscating weapons absent (1) a proper seizure pursuant to reasonable suspicion and (2) further reasonable suspicion that the person is both "armed and presently dangerous."
 

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
DO NOT STOP AT 42 USC 1983....

42 USC 1985...

(3) Depriving persons of rights or privileges
If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

Include EVERYONE involved especially the drug agent, every cop on the scene, all the supervisory staff etc

Then there is 42 USC 1986..

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

Against every supervisory offices on the shift

It might be a bit of a reach; but it costs you NOTHING to try to pursue...

UNITED STATES CODE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
§ 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -

They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.


§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

If you're gonna hit 'em....... Hit em with a ball bat not a switch!!!!
 
Last edited:

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
By then everything will be missing.

I hope you had a voice recorder on. Don't say whether you did or not here, as authorities often monitor this forum.

Was thinking the same thing.

Anyway to rush them along? I can't see taking 6-10 weeks to get back to reporters that send in FOIs.

Sent from the back of a black van
 

MainelyGlock

Regular Member
Joined
Feb 19, 2012
Messages
615
Location
Portland, ME
That's messed up. If you want, I can give you the information for an attorney who was recommended to me by my CCP instructor. Also, if you're an NRA member, give them a call. Your case, if there turns out to be one, might be eligible for the civil rights defense fund. Best of luck.
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
That's messed up. If you want, I can give you the information for an attorney who was recommended to me by my CCP instructor. Also, if you're an NRA member, give them a call. Your case, if there turns out to be one, might be eligible for the civil rights defense fund. Best of luck.

Will definitely take the attorney recommendation. Thanks.

I'll contact the NRA as well.

Sent from the back of a black van
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
Receipt of a request to BCEC says that there are no recorded radio transmissions.

Hope they aren't destroying documents...

Eta: FOAA filed with every dispatch center in Maine

Sent from the back of a black van
 
Last edited:

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
Something to add to the litany of civil rights abuses, they threatened your life by pointing a gun (your gun) at you, with no lawful reason.

This. Nevermind the .45 USP in the Sgt's hand.

Sent from the back of a black van
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
Found the dispatch records. Bureau of Emergency Communications had a "technological error" when doing the search :rolleyes:

Good thing I started calling every dispatch center and got my answer.

I should add Chris Parr, state legal counsel, has been very helpful in trying to locate all the records. He was put off by BCEC's claim of no dispatch records.

Sent from the back of a black van
 
Top