J.Gleason
Banned
imported post
Still waiting for someone to post the open records on this one.
Still waiting for someone to post the open records on this one.
I was aware that I did not have to immediately comply IF I was going to comply at all. I was aware that I could have asked if I was free to go. I was aware that I could have asked for the Reasonable Articulable Suspicion. I was also aware that these officers had been (what I considered pretty strait forward) up to this point. They did not attempt to lure me off of my property adjacent to a school zone. They did not attempt to touch or otherwise manahandle me. They didn't try any little manipulative tricks...So I thought I would dispense with busting their balls and let them have the ID. I consider being aware that I have the choice as having the choice to make. During small talk when I was left alone with the one officer I did mention the oppen carry forum and being a memeber and regular reader of the forum. I am betting the officer also knew what I did and did not have to comply with. I thought my cooperation in this incident may have been the better part of social discourse between a member of this forum and the local PD who were not (In my opinion) busting my balls either.OK, first off I dont think the police can ask forID if no crime was commited. Secondly IF (and thats a big IF) there were a complaint the police should (would) have said right off the bat there was a complaint. Granted I was not there but it seems to me that the cops had their own agenda here.
To whom or what are you referring. If it is about myself or my posting please enlighten me as to just what it is that you found disturbing or offensive.Smells in here.
bigdaddy1 wrote:I was aware that I did not have to immediately comply IF I was going to comply at all. I was aware that I could have asked if I was free to go. I was aware that I could have asked for the Reasonable Articulable Suspicion. I was also aware that these officers had been (what I considered pretty strait forward) up to this point. They did not attempt to lure me off of my property adjacent to a school zone. They did not attempt to touch or otherwise manahandle me. They didn't try any little manipulative tricks...So I thought I would dispense with busting their balls and let them have the ID. I consider being aware that I have the choice as having the choice to make. During small talk when I was left alone with the one officer I did mention the oppen carry forum and being a memeber and regular reader of the forum. I am betting the officer also knew what I did and did not have to comply with. I thought my cooperation in this incident may have been the better part of social discourse between a member of this forum and the local PD who were not (In my opinion) busting my balls either.OK, first off I dont think the police can ask forID if no crime was commited. Secondly IF (and thats a big IF) there were a complaint the police should (would) have said right off the bat there was a complaint. Granted I was not there but it seems to me that the cops had their own agenda here.
Your identification is your name and residence and not some government provided paper. Only after you are detained (arrested) may your property properly be seized for examination.And why this reference to "Papers" Doug? Where does it actually pertain?Master Doug Huffman wrote:Satisfied by an oral statement without a seizure of papers.
968.24 Temporary questioning without arrest. After
having identified himself or herself as a law enforcement officer,
a law enforcement officer may stop a person in a public place for
a reasonable period of time when the officer reasonably suspects
that such person is committing, is about to commit or has committed
a crime, and may demand the name and address of the person
and an explanation of the person’s conduct. Such detention
and temporary questioning shall be
True, but to what effect? I believe that probable cause is only just now, at his preliminary hearing, being established for Jesus Gonzalez. The point being that RAS is not yours to determine.I was aware that I could have asked for the Reasonable Articulable Suspicion.
I am saying it smells in here. Shenanigans, Shenanigans, Shenanigans.J.Gleason wrote:To whom or what are you referring. If it is about myself or my posting please enlighten me as to just what it is that you found disturbing or offensive.Smells in here.
You can ask what the RAS is, but the officer has no obligation to tell you.P229Sig357DAK wrote:True, but to what effect? I believe that probable cause is only just now, at his preliminary hearing, being established for Jesus Gonzalez. The point being that RAS is not yours to determine.I was aware that I could have asked for the Reasonable Articulable Suspicion.
There's a line between RAS and PC. Having RAS to detain someone briefly to allay your fears that crime might be afoot is not sufficient for probable cause to arrest. In the "tiered" system of police encounters, there is:If he has RAS to demand your identity (not seize your papers) then he has RAS to detain arrest you. If you let him off easy then he'll abuse his discretion. If you do it the hard way then a judge will have the opportunity to tell him, "No, you did not have RAS to detain McX." and McX will have a case against the cop for abuse of discretion (aka "false arrest" or whatever).
P229Sig357DAK wrote:I am saying it smells in here. Shenanigans, Shenanigans, Shenanigans.J.Gleason wrote:To whom or what are you referring. If it is about myself or my posting please enlighten me as to just what it is that you found disturbing or offensive.Smells in here.
Need a better answer? OK
Someone is full of BS here. Either it is you or the officers. Not trying to be disrespectful but here is how I see it.
You come into the forum and tell us of this incident and how you just allowed these officers to trample all over your rights for no good reason, yet you have not made any effort to take an hour out of your day and go down to the PD and ask for the open records. It was one supposed police call so it would more than likely be given to you within a day at the most. Where is the open records request? Where are the records of the call? The police response? What are the names of the officers? What is your name so one of us may submit an open records request?
Why haven't you done this on your own?
As far as the "supposed" police encounter, why didn't you exercise your rights?
You say you have been watching this forum and have just recently decided to post. If you have been watching the forum, then you should know how to respond when you have an encounter with the police. That does not include allowing an officer to reach into your pocket where they could very well leave behind an illegal substance that could cause you to spend some time in prison for being in possession of a firearm while being in possession of drugs or whatever else they felt like leaving behind in your pocket.
If you are not well versed in your rights, maybe you should hold off on carrying until you are. If you are uncomfortable with standing up to the police and enforcing those rights then maybe you should not carry until you are.
So far you have taken offense to any comment that may appear to suggest that something is amiss with your story. That seems to appear as though you have something to hide.
You clearly admit that you did not even ask the officers if you were being detained even on your own property. You clearly admit to allowing the officer to search your person without question or objection.
It just seems funny to me that all of these people that have just been watching the forum, now suddenly come out to post after the incident with Jesus Gonzalez. And all of these new posters have some story to tell about how the police said they were going to crack down on OCers. Yet you offer no proof that the incident actually took place.
If that was me I would have immediately went to the PD and submitted an ORR and got all of the information on the call. I would have then posted that information here for everyone to see.
Now if the incident actually did take place, then what are the officers names? Have you spoken with an attorney concerning your detainment? Because if they took your ID and ran your name you were being detained.
With all of your inaction in this incident, I have to question as to whether or not this actually took place or if this is nothing more than a story to try and deter people form OCing. Until I see records of the call I have to stand by this opinion. If I am wrong I apologize in advance. Sorry, I have grown very suspicious as of late, but with good reason.
Hey I am only stating what many here are thinking and don't have the balls to put in writing.
You asked, I told. Shenanigans!
> I did not do this personally in the first place because ...1) I didn't understand that the protocol on this forum dictated that it was my responsibility. 2) I have had no time lately to spend quality time with my family with a full and a part time job and other responsibilities I JUST DIDN'T HAVE THE TIME!. 3) I had no concept of what was involved in regards with time, money, paperwork etc.
With all of your inaction in this incident, I have to question as to whether or not this actually took place or if this is nothing more than a story to try and deter people form OCing. Until I see records of the call I have to stand by this opinion.
1> I did take action. I posted on this forum to spread the word of what I was told by the police. I could not verify if the information being passed was truth or not...I did what I thought would be appropriate and passed the information along to others with better experience and insight that might know how to verify or dispute this claim...What I recieved for my troubles was ridicule and baseless claims against my person.
2> Attempting to get people to stop Open Carrying by telling stories of how I was questioned while Open Carrying is quite the passive aggressive reverse logic manipulation...and maybe a bit paranoid too.
Hey I am only stating what many here are thinking and don't have the balls to put in writing.
1> This is an assumption on your part unless they are writing you behind my back and telling you this! :uhoh:
2> If this really trully is the consensus of this forum that every little post like this is going to be treated in such a manner...then I suggest instead of having a member of the board who is an attorney...get a member on the board to who is a psychiatrist.
Oh for crying out loud I_K get over yourself. You sound like a bleeding heart liberal. "Don't let anyone bully you."P229Sig357DAK wrote:With all of your inaction in this incident, I have to question as to whether or not this actually took place or if this is nothing more than a story to try and deter people form OCing. Until I see records of the call I have to stand by this opinion.
1> I did take action. I posted on this forum to spread the word of what I was told by the police. I could not verify if the information being passed was truth or not...I did what I thought would be appropriate and passed the information along to others with better experience and insight that might know how to verify or dispute this claim...What I recieved for my troubles was ridicule and baseless claims against my person.
2> Attempting to get people to stop Open Carrying by telling stories of how I was questioned while Open Carrying is quite the passive aggressive reverse logic manipulation...and maybe a bit paranoid too.
Hey I am only stating what many here are thinking and don't have the balls to put in writing.
1> This is an assumption on your part unless they are writing you behind my back and telling you this! :uhoh:
2> If this really trully is the consensus of this forum that every little post like this is going to be treated in such a manner...then I suggest instead of having a member of the board who is an attorney...get a member on the board to who is a psychiatrist.
It appears that the only forcing (coercion) in this whole incident is by members of OCDO trying to brow beat you into requesting an open records request. As you said, you allowed them to have your ID of your own free will. That is your perogative and you gave good personal reason to do so. No rights were trampled. No one was forced to do anything. No one was arrested.No one's dog was shot.
It is easy to sit behind a keyboard and ridicule someone for their actions or inactions when they are not standing in the shoes of the person they are attacking. Talk is cheap.
Don't let anyone bully you. You did nothing wrong. I for one am not interested in creating drama with every police encounter. I believe that we need to pick our fights and not make every LEO encounter a fight. Thank you for sharing your experience. Stick around a while and do not let anyone chase you off.
Why not? Why should we "permit" some and not others? How do we choose these fights? What criteria are we to follow? If someone does something wrong to you, by not fighting that wrong, you are making it right. I am not saying that you have to fight at the moment, sometimes you may need to gather yourself before you realize that the wrong needs to be righted. But, if you just "let it go" you are only justifying the encounter. If you do not teach, the will not learn.It appears that the only forcing (coercion) in this whole incident is by members of OCDO trying to brow beat you into requesting an open records request. As you said, you allowed them to have your ID of your own free will. That is your perogative and you gave good personal reason to do so. No rights were trampled. No one was forced to do anything. No one was arrested.No one's dog was shot.
It is easy to sit behind a keyboard and ridicule someone for their actions or inactions when they are not standing in the shoes of the person they are attacking. Talk is cheap.
Don't let anyone bully you. You did nothing wrong. I for one am not interested in creating drama with every police encounter. I believe that we need to pick our fights and not make every LEO encounter a fight. Thank you for sharing your experience. Stick around a while and do not let anyone chase you off.