zekester
Regular Member
After carefule consideration.....
I am going to have Jury Trial.....
Will keep u informed...
I am going to have Jury Trial.....
Will keep u informed...
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Oklahoma...get a life
- Thread starter zekester
- Start date
zekester
Regular Member
I realize that the 4th is out of the question....but the fact that I was pre-occopied and the video will show this, I think will win the day...along with Officer Green seems to be more intrested in giving me a ticket than actully protecting himself....I pray for Officer Green.....if he did this on a legitimate stop, and the bad guys wanted to take him out.....it would be a bad case indeed...
To Officer Green:
I appriciate what you do....I thank you for your service and the sacrifice you do everyday. Please be more careful in the future!!!
To Officer Green:
I appriciate what you do....I thank you for your service and the sacrifice you do everyday. Please be more careful in the future!!!
SavageOne
Regular Member
I would worry you would wind up with a situation similar to the one in Canton OH. If you remember the video, the gentleman kept trying to hand the officer his permit, and the officer kept ignoring his attempts. When the gentleman finally succeeded the officer hit the roof because he was not informed "immediately". I would hope no other officer would respond as horribly as the Canton officer, but is it worth the risk?
Why in the world would you let him search your car?
You not only appreciate what the officer does, but you want to thank him for his "service?" Am I missing something here? An officer abuses the power invested in him by the people - and you want to thank him for this?
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Superlite27
Regular Member
FAIL. Big ol' truckload of FAIL.
If I had a nickel for every time I heard something along the lines of, "I know I shouldn't have consented, but I was (insert excuse here: i.e. "....wanting to get home" or "....in a hurry to eat my ice cream" etc.).
Of course! EVERYONE KNOWS EATING ICE CREAM IS MUCH MORE IMPORTANT THAN CONSTITUTIONAL RIGHTS!
How'd that wonderful "cooperation" work out for you?
You wanted to be on your way so much that you willingly handed the guy wanting to keep you detained for as long as possible every opportunity to keep you from actually being on your way.
"Hello, officer! I'm in such a hurry, I will blindly offer you every excuse you need to detain me for hours!".
(Then thank you for doing so.)
Those that CHOOSE TO ASSIST the police in screwing them over have no justification to cry about it afterwards. You'll get no sympathy from me for GETTING EXACTLY WHAT YOU CHOOSE TO VOLUNTEER FOR.
The fact that an officer pulls up behind a motorist in need of assistance, and instead of offering aid...SEARCHES FOR ANY MEANS AVAILABLE TO SCREW HIM OVER is dispicable and deserving of outrage. You have my condolences on that matter. I wish you the best in your trial. Hopefully, you'll be exhonerated. However, by your cooperation, you have willingly placed yourself, by your own actions, into the party who needs exhonerating. Wouldn't it be nice to require the officer to exhonerate his actions?
If I had a nickel for every time I heard something along the lines of, "I know I shouldn't have consented, but I was (insert excuse here: i.e. "....wanting to get home" or "....in a hurry to eat my ice cream" etc.).
Of course! EVERYONE KNOWS EATING ICE CREAM IS MUCH MORE IMPORTANT THAN CONSTITUTIONAL RIGHTS!
How'd that wonderful "cooperation" work out for you?
You wanted to be on your way so much that you willingly handed the guy wanting to keep you detained for as long as possible every opportunity to keep you from actually being on your way.
"Hello, officer! I'm in such a hurry, I will blindly offer you every excuse you need to detain me for hours!".
(Then thank you for doing so.)
Those that CHOOSE TO ASSIST the police in screwing them over have no justification to cry about it afterwards. You'll get no sympathy from me for GETTING EXACTLY WHAT YOU CHOOSE TO VOLUNTEER FOR.
The fact that an officer pulls up behind a motorist in need of assistance, and instead of offering aid...SEARCHES FOR ANY MEANS AVAILABLE TO SCREW HIM OVER is dispicable and deserving of outrage. You have my condolences on that matter. I wish you the best in your trial. Hopefully, you'll be exhonerated. However, by your cooperation, you have willingly placed yourself, by your own actions, into the party who needs exhonerating. Wouldn't it be nice to require the officer to exhonerate his actions?
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zekester
Regular Member
Oh my...Oh My!!!!
I should not post this I know...but screw them.....I am sueing the Olahoma State Highway Patrol and the State of Oklahoma for child endangerment...How dare you leave a weapon in my vehicle and tell my daughter it is ok to go sit on it....Officer Green....I am so glad that you are alive today, so you can testify that you put my daughter in harm!!!!
I should not post this I know...but screw them.....I am sueing the Olahoma State Highway Patrol and the State of Oklahoma for child endangerment...How dare you leave a weapon in my vehicle and tell my daughter it is ok to go sit on it....Officer Green....I am so glad that you are alive today, so you can testify that you put my daughter in harm!!!!
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OC for ME
Regular Member
Good luck with that.
Remember, is what he did illegal or inappropriate? Policy violation or against OK law? I fell for ya brother. You might want to have the lawyer interview your daughter, maybe even depose her. If what you say is true she will be your best witness and may be very sympathetic in front of a jury.
Remember, is what he did illegal or inappropriate? Policy violation or against OK law? I fell for ya brother. You might want to have the lawyer interview your daughter, maybe even depose her. If what you say is true she will be your best witness and may be very sympathetic in front of a jury.
OC for ME
Regular Member
Edit: 'feel' not 'fell'.
REALteach4u
Regular Member
Sounds like another "former" Officer Harless in the making. Never, never, never consent to a search of your vehicle under duress. It's far too easy for a real scumbag cop to plant evidence when they're ticked about your firearm and that's exactly the opportunity they need.
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zekester
Regular Member
Must of scared them!!!
Received a letter from the District Court of Oklahoma, County of Bryan, State of Oklahoma
" E/O: On the motion of the State, in the best interest of justice, this case is ordered dismissed & expunged. Clerk is ordered to refund the fines & cost paid in this case to 'zekester".
They sent me a check!!!!
I contacted the Asst. Attorney General of Oklahoma last week, demanding he press charges against Trooper Green, he apparently made a motion to dismiss....Don't know all the details, but if I find out I will let you know.
Never give up the fight!!!
Just for a bit of background since I first posted...could not afford an attorney...but sent this to the judge and everyone else i could think of.
01/21/2012
To: Honorable Trace Sherrill
Bryan County, OK
402 W. Evergreen St. 3rd Floor
Durant, Ok. 74701
From: zeke
RE: DPS Citation # L107188
Attachments: Check# 1082 for $211.50 (Under Duress)
Dear Sir or Madam,
I have attached a check (#1082 for the amount of $211.50) under duress. Made out to the County of Bryan, Oklahoma, because I cannot physically or monetarily make it to court on 02/07/2012.
If it were possible to make to it to court I believe I would be able to prove that the violation which I was cited, was neither legal or justified.
My hope is that the court will take the time to look at this citation and find that an injustice was served.
The entire story follows and I would hope that the court look at the Dash Cam video and all audio recordings to verify the story below…I have requested a copy, but was told that I need to have subpoena.(Jan Turney (LM 12-2002) from the DPS of Oklahoma). I can not afford an attorney to request the subpoena, but hope that he court will request this, before a decision in made in this case.
The Facts:
Coming back from Texas, I had a flat on Hwy 69 just outside of Durant OK…My son had apparently taken my jack so I could not change my tire. I was in the process of calling my service to come help me, when an Oklahoma State Patrol car pulled up behind me. I was so happy, it was a very small shoulder and I had already told my 16yr old daughter to get out of the car so if we got hit she would not be in danger.
So, I am on the phone, a trooper walks up to my car, pulls down my trunk, which was open to facilitate the flat, wrote down my License plate number then, the Trooper motioned me for my ID…WHAT???….I am on a short shoulder, and this guy wants to check my ID!!! Not fearing anything, I fumbled around, while talking to my service and gave him my DL….at this time I asked the officer where my location was so that my service can locate me to help me with the flat.
After running my plates, my DL…(assumption).. he came back…I am still on the phone. When he brought a jack with him, I was relieved. I got off the phone after cancelling the service and told Trooper Michael Green that I didn’t want to violate any laws and that I was carrying a sidearm. According to Oklahoma State Law, (Title 21 O.S. Section 1290.8.C) I did not have to inform the officer that I had a weapon, but did so out of courtesy .
Trooper Green then told me to put my right hand on my head so he could inspect the weapon in the holster, ( how many bad guys have a holster?). Trooper Green tells me that he was going to take the weapon.
I informed the officer that there was a round in the chamber. He still took my weapon, dropped the magazine and turned it to himself to check the SN….POINTED AT HIMSELF….he then racked the slide and the chambered round came out. He yells at me…”You said that there was not one in the chamber”. I told him that I indeed told him it was loaded. He says “You need to be more clear about that”
He takes my weapon puts it UNDER a blanket on the passenger seat where my daughter was, and puts the magazine and the extra round in the glove box.
I change my tire, gave him back his jack and he ask me to get in the patrol car because he has to fill out paperwork for the “assistance stop”.
He then tells my daughter to get back in car…..My Daughter knowing that the weapon was on the seat, located the weapon and put it on the dashboard in front of her, fearing an unwarranted response from Trooper Green
Now, I am in Trooper Green’s car and he starts to give me the right act about concealed carry and the like. Meanwhile my 16yr old daughter is in a car with a weapon, although unloaded, she is very well trained in the use of this handgun. She has loaded and shot this weapon on a many occasions, under my supervision of course. She was taught these skills for her own protection.
Officer Green calls the DA of Bryan County( again an assumption, he told me DA) and wants to know what he can charge me with because I didn’t notify him of the weapon…Basically it was told to me, that if I let him search my car for drugs, they would take it easy on me…I don’t do drugs and don’t have any…so I consented to the search.
Officer Green, leaving me in his car, goes up to my daughter and starts giving her the right act, “ If you lie to me, and I find illegal drugs in the car, I don’t care if you’re a 16 year old little girl I will take your dad to jail and take you to a shelter and have your mom come pick you up.” (my daughter told me this)…He told my daughter to get out of the car and then freaked out!!!…He couldn’t find the weapon that he put on the seat…although clearly visible on the dash…yelled at my daughter, which told him it was on the dashboard ( My heart still quivers to the fact that if Trooper Green had seen her move the weapon, what response he would have taken!!!!!!)
After another 45min (seemed like it anyway) of ripping through all the Christmas presents and finding nothing Officer Green returns to the car.
Officer Green informs me that I had been arrested for “discharging a firearm while intoxicated” and that I will have to submit to “blow” especially because I have beer on ice in a cooler.
First of all I was never arrested for anything of the sort…..but I blew because I wasn’t drinking…I just wanted out of there…
After the blow, ( negative by the way) he then starts giving me a lecture again on how I should know that I “have to notify” police officers that I am carrying a weapon. I politely told him that this is not required in Missouri and he told me that it was a “National Law”. This indeed is not the case.
Officer Green kept mentioning that he and his wife have a concealed carry license and that he and I went to the same training and I should know better. Trooper Green is apparently not trained on the aspects of obtaining a Concealed Carry Permit in other states. The Valid permit which I carry from the State of Florida, requires only a DD214 (Veteran) and no felonies to obtain a license.
I, nor my daughter were every physically searched. If this was about drugs, why were we never searched?
Trooper Green issued a citation for failure to notify under Title 21 O.S., Section 1290.8.C which reads as follows:
“ C. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection. “
I was not arrested, or detained because the officer had a reasonable, articulable suspicion that I was engaging or had recently engaged or were about to engage in illegal conduct, nor was there a “routine traffic stop” There was no “stop” whatsoever, it was just an Officer assisting a stranded motorist. If the court will check the record, you will find that Trooper Green gave me a “receipt” showing this to be the case.
According to Trooper Green’s interpretation of the law, If I am in line at a Mc Donald’s, just because I say hello to him, I would have to let him know I have a weapon. This indeed is not the letter of the law. A licensed person should have the right to go about his/her daily business without the “fear” of an officer of the law “harassing” , or “fishing” for a charge. I was changing a tire for GOD’S SAKE!
Based on the facts ( and I pray the court will look into this, including all video and audio of the encounter) and Title 21 O.S. Section 1290.8.C, I was not required to “Notify” in any instance. I did so out of respect and was, in my opinion, harassed, and my daughter was put in danger by the Trooper actions, allowing my daughter to enter a vehicle, when it was known that a weapon was clearly available.
I informed Trooper Green that I was carrying a weapon when I was able to do so, even though, under the current law this was not necessary..
The video/audio will clearly show Trooper Green’s flagrant disregard for his safety and that of the occupants of the vehicle. It will also show that Trooper Green did not physically (pat down) search anyone of the occupants, which shows a blatant disregard for the safety of the occupants of the vehicle and/or that of Trooper Green.
Also, by not searching the occupants of the vehicle, the court should realize the motivation of Trooper Green’s “fishing” for a charge and/or “harassing” a stranded motorist. It clearly shows that drugs or even weapons were never the issue. For lack of a better word, it was a “shakedown”, not to mention that he coerced me to give up my 4th Amendment rights.
A check is enclosed ( # 1082 for $211.50, under duress) for the so called violation. I am not sending this for admission of guilt, I do not wish to have a warrant for my arrest, nor do I have the finances to argue this case in front of you at this time. I hope that the court will give this case due diligence to get to the facts and the court will find that the Trooper in question did not have the sufficient cause or evidence to issue this citation and return the check to me.
I am asking the court to instruct the DPS of Oklahoma to retain all records of this case, including Video/Audio of the entire interaction for further review.
Thank you for you time and consideration.
I await your reply.
Because I sent a check...the judge decided it was a plea of no contest....put me on SIS until May 7th...to be expunged after the date.
I contacted the Asst Attorney General of Oklahoma last week and demanded charges be filed against Trooper Green....and then this...I will contact him again next week about the charges, but he must have made a motion for dismissal to shut me up...it is not over yet!!
Score
Oklahoma (1)
Zekester (1)
Received a letter from the District Court of Oklahoma, County of Bryan, State of Oklahoma
" E/O: On the motion of the State, in the best interest of justice, this case is ordered dismissed & expunged. Clerk is ordered to refund the fines & cost paid in this case to 'zekester".
They sent me a check!!!!
I contacted the Asst. Attorney General of Oklahoma last week, demanding he press charges against Trooper Green, he apparently made a motion to dismiss....Don't know all the details, but if I find out I will let you know.
Never give up the fight!!!
Just for a bit of background since I first posted...could not afford an attorney...but sent this to the judge and everyone else i could think of.
01/21/2012
To: Honorable Trace Sherrill
Bryan County, OK
402 W. Evergreen St. 3rd Floor
Durant, Ok. 74701
From: zeke
RE: DPS Citation # L107188
Attachments: Check# 1082 for $211.50 (Under Duress)
Dear Sir or Madam,
I have attached a check (#1082 for the amount of $211.50) under duress. Made out to the County of Bryan, Oklahoma, because I cannot physically or monetarily make it to court on 02/07/2012.
If it were possible to make to it to court I believe I would be able to prove that the violation which I was cited, was neither legal or justified.
My hope is that the court will take the time to look at this citation and find that an injustice was served.
The entire story follows and I would hope that the court look at the Dash Cam video and all audio recordings to verify the story below…I have requested a copy, but was told that I need to have subpoena.(Jan Turney (LM 12-2002) from the DPS of Oklahoma). I can not afford an attorney to request the subpoena, but hope that he court will request this, before a decision in made in this case.
The Facts:
Coming back from Texas, I had a flat on Hwy 69 just outside of Durant OK…My son had apparently taken my jack so I could not change my tire. I was in the process of calling my service to come help me, when an Oklahoma State Patrol car pulled up behind me. I was so happy, it was a very small shoulder and I had already told my 16yr old daughter to get out of the car so if we got hit she would not be in danger.
So, I am on the phone, a trooper walks up to my car, pulls down my trunk, which was open to facilitate the flat, wrote down my License plate number then, the Trooper motioned me for my ID…WHAT???….I am on a short shoulder, and this guy wants to check my ID!!! Not fearing anything, I fumbled around, while talking to my service and gave him my DL….at this time I asked the officer where my location was so that my service can locate me to help me with the flat.
After running my plates, my DL…(assumption).. he came back…I am still on the phone. When he brought a jack with him, I was relieved. I got off the phone after cancelling the service and told Trooper Michael Green that I didn’t want to violate any laws and that I was carrying a sidearm. According to Oklahoma State Law, (Title 21 O.S. Section 1290.8.C) I did not have to inform the officer that I had a weapon, but did so out of courtesy .
Trooper Green then told me to put my right hand on my head so he could inspect the weapon in the holster, ( how many bad guys have a holster?). Trooper Green tells me that he was going to take the weapon.
I informed the officer that there was a round in the chamber. He still took my weapon, dropped the magazine and turned it to himself to check the SN….POINTED AT HIMSELF….he then racked the slide and the chambered round came out. He yells at me…”You said that there was not one in the chamber”. I told him that I indeed told him it was loaded. He says “You need to be more clear about that”
He takes my weapon puts it UNDER a blanket on the passenger seat where my daughter was, and puts the magazine and the extra round in the glove box.
I change my tire, gave him back his jack and he ask me to get in the patrol car because he has to fill out paperwork for the “assistance stop”.
He then tells my daughter to get back in car…..My Daughter knowing that the weapon was on the seat, located the weapon and put it on the dashboard in front of her, fearing an unwarranted response from Trooper Green
Now, I am in Trooper Green’s car and he starts to give me the right act about concealed carry and the like. Meanwhile my 16yr old daughter is in a car with a weapon, although unloaded, she is very well trained in the use of this handgun. She has loaded and shot this weapon on a many occasions, under my supervision of course. She was taught these skills for her own protection.
Officer Green calls the DA of Bryan County( again an assumption, he told me DA) and wants to know what he can charge me with because I didn’t notify him of the weapon…Basically it was told to me, that if I let him search my car for drugs, they would take it easy on me…I don’t do drugs and don’t have any…so I consented to the search.
Officer Green, leaving me in his car, goes up to my daughter and starts giving her the right act, “ If you lie to me, and I find illegal drugs in the car, I don’t care if you’re a 16 year old little girl I will take your dad to jail and take you to a shelter and have your mom come pick you up.” (my daughter told me this)…He told my daughter to get out of the car and then freaked out!!!…He couldn’t find the weapon that he put on the seat…although clearly visible on the dash…yelled at my daughter, which told him it was on the dashboard ( My heart still quivers to the fact that if Trooper Green had seen her move the weapon, what response he would have taken!!!!!!)
After another 45min (seemed like it anyway) of ripping through all the Christmas presents and finding nothing Officer Green returns to the car.
Officer Green informs me that I had been arrested for “discharging a firearm while intoxicated” and that I will have to submit to “blow” especially because I have beer on ice in a cooler.
First of all I was never arrested for anything of the sort…..but I blew because I wasn’t drinking…I just wanted out of there…
After the blow, ( negative by the way) he then starts giving me a lecture again on how I should know that I “have to notify” police officers that I am carrying a weapon. I politely told him that this is not required in Missouri and he told me that it was a “National Law”. This indeed is not the case.
Officer Green kept mentioning that he and his wife have a concealed carry license and that he and I went to the same training and I should know better. Trooper Green is apparently not trained on the aspects of obtaining a Concealed Carry Permit in other states. The Valid permit which I carry from the State of Florida, requires only a DD214 (Veteran) and no felonies to obtain a license.
I, nor my daughter were every physically searched. If this was about drugs, why were we never searched?
Trooper Green issued a citation for failure to notify under Title 21 O.S., Section 1290.8.C which reads as follows:
“ C. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection. “
I was not arrested, or detained because the officer had a reasonable, articulable suspicion that I was engaging or had recently engaged or were about to engage in illegal conduct, nor was there a “routine traffic stop” There was no “stop” whatsoever, it was just an Officer assisting a stranded motorist. If the court will check the record, you will find that Trooper Green gave me a “receipt” showing this to be the case.
According to Trooper Green’s interpretation of the law, If I am in line at a Mc Donald’s, just because I say hello to him, I would have to let him know I have a weapon. This indeed is not the letter of the law. A licensed person should have the right to go about his/her daily business without the “fear” of an officer of the law “harassing” , or “fishing” for a charge. I was changing a tire for GOD’S SAKE!
Based on the facts ( and I pray the court will look into this, including all video and audio of the encounter) and Title 21 O.S. Section 1290.8.C, I was not required to “Notify” in any instance. I did so out of respect and was, in my opinion, harassed, and my daughter was put in danger by the Trooper actions, allowing my daughter to enter a vehicle, when it was known that a weapon was clearly available.
I informed Trooper Green that I was carrying a weapon when I was able to do so, even though, under the current law this was not necessary..
The video/audio will clearly show Trooper Green’s flagrant disregard for his safety and that of the occupants of the vehicle. It will also show that Trooper Green did not physically (pat down) search anyone of the occupants, which shows a blatant disregard for the safety of the occupants of the vehicle and/or that of Trooper Green.
Also, by not searching the occupants of the vehicle, the court should realize the motivation of Trooper Green’s “fishing” for a charge and/or “harassing” a stranded motorist. It clearly shows that drugs or even weapons were never the issue. For lack of a better word, it was a “shakedown”, not to mention that he coerced me to give up my 4th Amendment rights.
A check is enclosed ( # 1082 for $211.50, under duress) for the so called violation. I am not sending this for admission of guilt, I do not wish to have a warrant for my arrest, nor do I have the finances to argue this case in front of you at this time. I hope that the court will give this case due diligence to get to the facts and the court will find that the Trooper in question did not have the sufficient cause or evidence to issue this citation and return the check to me.
I am asking the court to instruct the DPS of Oklahoma to retain all records of this case, including Video/Audio of the entire interaction for further review.
Thank you for you time and consideration.
I await your reply.
Because I sent a check...the judge decided it was a plea of no contest....put me on SIS until May 7th...to be expunged after the date.
I contacted the Asst Attorney General of Oklahoma last week and demanded charges be filed against Trooper Green....and then this...I will contact him again next week about the charges, but he must have made a motion for dismissal to shut me up...it is not over yet!!
Score
Oklahoma (1)
Zekester (1)
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