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BMWAG ARRESTED!!!

longwatch

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danbus wrote:
longwatch wrote:
Yeah or at least get the audio. Anyone want to pitch in on at least a voice recorder for Danbus, I think hes earned it, and really needs it.

Just bought one today. Yay me! It has the niffty feature of transferring recordings to computer.

Heh heh, alright!
Excellent, just remember to carry it, my 2nd biggest regret OCing was not carrying mine on the night of Tonys.

ETA :banghead:
 

Pa. Patriot

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http://www.amazon.com/Olympus-VN-4100-PC-256MB-Digital-Recorder/dp/B000OVPB9K

21RgKOkAchL._AA160_.jpg
 

Citizen

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longwatch wrote:
SNIP Excellent, just remember to carry it....

Mine goes with me just likeit wasspare ammunition. Its an integral part of my carry "kit."

It doesn't ever get left behind. There is never any question about whether to carry it today.
 

longwatch

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Like ammo? I'd say more like a shield protecting us like a witness in your pocket. Definitely in my EDC now because of the last 10 months.

ETA: just need a place to keep my Batarang:dude:
 

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Citizen

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longwatch wrote:
Like ammo? I'd say more like a shield protecting us like a witness in your pocket. Definitely in my EDC now because of the last 10 months.

Yes, much better way to say it. :)
 

LEO 229

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I am still wondering what he did that would have warranted the obstruction charge.

From what I read..... I did not see anything that would fit the charge. But then.. I was not there and I am only getting Danbus's side. ;)

Failing to give your name would never fly in court.



§ 18.2-460. Obstructing justice; penalty.

A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness or any law-enforcement officer in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or law-enforcement officer, he shall be guilty of a Class 1 misdemeanor.

B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or any law-enforcement officer, lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.

C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, or any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a) (3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 felony.

D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.
 

Dutch Uncle

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[highlight= rgb(255, 255, 136);]Police[/highlight] [highlight= rgb(136, 255, 255);]Chief[/highlight] mag

Read 'em and weep, Hampton Police. Merely OC'ing in Hampton is NOT sufficient reason to detain someone, absent an articulable suspicion that the person is engaged in some crime.

I guess at the end of the hour long stop, they had to gin up some charge to put down, otherwise they'd have to admit they'd wasted 6 man-hours of police time. (there were 6 LEO's there for the stop!) What else could they say....."The six of us futzed around for an hour, and had no clue what we were up to, so we finally gave up"?? I think they knew "obstruction of justice" was totally bogus, but it gave them some cover, and they probably hoped it would bamboozle Dan enough to keep him from pursuing the matter further.
 

longwatch

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LEO229 what guidance have you been given as to what constitutes obstruction or when you could cite someone for obstruction or justice?
 

LEO 229

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longwatch wrote:
LEO229 what guidance have you been given as to what constitutes obstruction or when you could cite someone for obstruction or justice?
First off.... I have to be investigating a crime!!! ;)

But let's say they were investigating something more than a man OCing.....

You cannot charge the person suspected of committing a crime for obstruction.... You could charge his friend if he kept getting in the way,made threatsinan attempt to get youto stopyour investigation,orlied to you.
 

sjhipple

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Dan, please take a look at MolonLabe!'s thread. His complaint mentions a case where the Supreme Court says that a stop that lasts that long is a "de facto arrest" which means you have that much more ground for a law suit. Dude, those cops are putting an EXCELLENT law suit together for you ;). Don't let them down by not pursuing it.

They knew that the obstruction charge wouldn't stand. They knew that they couldn't detain you for simply OCing. They're testing your resolve and you're doing GREAT! Thanks so much for your work for us out there! :)

In addition to the rest of the law suit, you need to get a judge to give a declaratory judgment that the law does not allow detainments for simply OCing and enjoining the PD from doing it again in the future. The fact that they've done it so many times is enough to show they'll do it in the future which is enough to get a judge's order for them to stop.

You're going to make a lawyer very happy :cool:
 

LEO 229

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ama-gi wrote:
Dan, please take a look at MolonLabe!'s thread. His complaint mentions a case where the Supreme Court says that a stop that lasts that long is a "de facto arrest" which means you have that much more ground for a law suit. Dude, those cops are putting an EXCELLENT law suit together for you ;). Don't let them down by not pursuing it.

They knew that the obstruction charge wouldn't stand. They knew that they couldn't detain you for simply OCing. They're testing your resolve and you're doing GREAT! Thanks so much for your work for us out there! :)

In addition to the rest of the law suit, you need to get a judge to give a declaratory judgment that the law does not allow detainments for simply OCing and enjoining the PD from doing it again in the future. The fact that they've done it so many times is enough to show they'll do it in the future which is enough to get a judge's order for them to stop.

You're going to make a lawyer very happy :cool:
He was given a summons so he WAS arrested.... no matter how long he was held there.
 

longwatch

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IANAL but being cited for a misdemeanor and released is an arrest no de facto to it i.e. not going to jail doesn't mean one wasn't arrested.
ETA LEO229 beat me to it.
 

sjhipple

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LEO 229 wrote:
ama-gi wrote:
Dan, please take a look at MolonLabe!'s thread. His complaint mentions a case where the Supreme Court says that a stop that lasts that long is a "de facto arrest" which means you have that much more ground for a law suit. Dude, those cops are putting an EXCELLENT law suit together for you ;). Don't let them down by not pursuing it.

They knew that the obstruction charge wouldn't stand. They knew that they couldn't detain you for simply OCing. They're testing your resolve and you're doing GREAT! Thanks so much for your work for us out there! :)

In addition to the rest of the law suit, you need to get a judge to give a declaratory judgment that the law does not allow detainments for simply OCing and enjoining the PD from doing it again in the future. The fact that they've done it so many times is enough to show they'll do it in the future which is enough to get a judge's order for them to stop.

You're going to make a lawyer very happy :cool:
He was given a summons so he WAS arrested.... no matter how long he was held there.
That's a good point.
 

longwatch

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kimbercarrier wrote:
I say we vote Dan OCDO oc'er of the year.:celebrate
If this was baseball and we had stats, he would be having a hall of fame year for most LEO encounters. I think now we will have to look at the race for who will get the biggest judgement Chet or Dan.
 

Sitrep

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I assume that the LEOs, or at least one of them, knew this was a bogus charge. As Dutch Uncle said, they seem to be justifying their waist of manpower. I hope it gets back to their bosses that not only did they waist a bunch of manpower on this but then they tried to cover that up with baseless charges.
 

vrwmiller

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Pa. Patriot wrote:

This is the one I have. It works great! It is part of my utility belt...it goes everywhere I do.

I must say that it can withstand total submersion into water as well. I was on a canoeing trip a couple months ago and a canoe I was in tipped over. It was totally submerged for quite some time. Of course, it did not work immediately, but after having dried out for a day, it continues to work and works just as well as it did the day I bought it!

:celebrate

danus, congrats on the stop! ;)

I'm sure you're getting your FOIA requests in order. I am sure you're already interviewing attorneys and what not.

Sounds like we'll be making another trip to Tidewater.
 

VAopencarry

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longwatch wrote:
kimbercarrier wrote:
I say we vote Dan OCDO oc'er of the year.:celebrate
If this was baseball and we had stats, he would be having a hall of fame year for most LEO encounters. I think now we will have to look at the race for who will get the biggest judgement Chet or Dan.
If I remember correctly Dan had the cops called on him the very first time he OC'd!!!
 
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