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What to say in Police and LEO Encounters

LEO 229

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KBCraig wrote:
LEO 229 wrote:
Can youpost some examples where someone said something toa cop and was arrested for a crime he did not commit?
Sure. Danbus walked up and asked the police what they were doing when he thought they were hassling a young man in his neighborhood, and wound up arrested.
Seems there was more to it than that.

The way you post it is far from how I remember it. He "demanded" answers to something he had no business asking about. He was not involved in the case and did not even know the person being investigated.

The paper did a story on it and it is above for you to read.

I also believe that Dan posted in a thread here that he understood his mistake and now has a better understanding on how and why the police do what they do.
 

hansolo

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LEO 229 wrote:
Charges were dismissed in Hampton, but Moore was found guilty in Suffolk. In that incident, he had approached officers investigating a vandalism.
Moore, whose sentencing is scheduled for later this month, said he knows he was pushing the envelope.
"I was tired of getting hassled, and I was going at this as the perfect opportunity to let police know, 'Look, you can't do this,' " Moore said. "I don't think I'll do it that way again."
I am glad that Colorado has very clear and authoritative preemption.
 

jimd144

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One big problem for some of us is that a trip to jail, even illegally, can cause a person to lose his job and cause his company lots of problems when he doesn't show up for work.
 

Legba

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The legal system won't necessarily smooth things over with an employer. Fortunately, my boss is fairly understanding, so I didn't get fired when I had to call off from jail, but there wouldn't have been anything I could do about it if he had canned me. Also, if you're terminated for cause (like not showing up), you don't qualify for unemployment insurance.

I know of employers who don't care for any explanations when someone has a legal problem - completely unsympathetic. They are simply ignorant of how the system does and doesn't work.

-ljp
 

jimd144

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A legal system won't get me another job, and it won't put an instructor in my spot when I don't show up. A legal system won't feed a family.
 

buster81

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jimd144 wrote:
And, who feeds the kids while I wait for a court date?
Perhaps it would help to give us more than a single sentence at a time. Since the topic is what to say to a LEO, what's your opinion? Some think less is better, some think you should volunteer your entire life story. What say you?
 

Statesman

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jimd144 wrote:
One big problem for some of us is that a trip to jail, even illegally, can cause a person to lose his job and cause his company lots of problems when he doesn't show up for work.
I'm not a lawyer, and don't give legal advice, blah ......

This is called "damages", and is further standing in court for a civil lawsuit, in addition to the violation of your rights. In my mind, if you got fired from work, creating a hardship, this may add boatloads of $$$ to your settlement or judgement.
 

jimd144

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If you win, and after you wait for a court date and apeals

I agree...you are not an attorney
 

Legba

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IANAL, but my understanding is that unless you work under some contract specifying otherwise, I doubt there would be any basis for such a suit in an employment-at-will state. You miss work for some unapproved reason, you get fired, you starve. Lousy deal, but completely legal, even if you're ultimately cleared of whatever charge you were arrested for in the first place. Any actual attorneys care to opine about this?

BTW, we're getting a bit afield of the original topic. Keep your mouth shut and try to avoid getting arrested in the first place is my suggestion, as far as the theme of the thread is concerned.

-ljp
 

hansolo

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Legba wrote:
IANAL, but my understanding is that unless you work under some contract specifying otherwise, I doubt there would be any basis for such a suit in an employment-at-will state. You miss work for some unapproved reason, you get fired, you starve. Lousy deal, but completely legal, even if you're ultimately cleared of whatever charge you were arrested for in the first place. Any actual attorneys care to opine about this?

BTW, we're getting a bit afield of the original topic. Keep your mouth shut and try to avoid getting arrested in the first place is my suggestion, as far as the theme of the thread is concerned.

-ljp
Yes, your employer may be free from charge, but the LEO or department who damaged you will certainly not be.

Back on subject, there is a very fine line to walk with the 5th. To reiterate in the words of William Wallace:

[align=right]"You have come to fight as free men, and free men you are!
[/align][align=right]What would you do without freedom? Will you fight?"
[/align][align=left]
It is far better to risk starvation from lack of job than to lose our Freedom. For, what would we do without freedom?

I have learned a great deal from this thread. Again, I thank all of you.


[/align]
 

HankT

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hansolo wrote:
KBCraig wrote:
LEO 229 wrote:
Can youpost some examples where someone said something toa cop and was arrested for a crime he did not commit?
Sure. Danbus walked up and asked the police what they were doing when he thought they were hassling a young man in his neighborhood, and wound up arrested.
How did the situation turn out? Did he file a suit? Is that arrest still on his record?




This is how it turned out in the Danbus Suffolk incident:

1) Danbus was arrested and charged with obstruction of justice.

2)Danbus pleaded guilty.

3) Danbus was convicted.

4) Judge orderedprobation for Danbus, including police ride-alongs.

5) Danbus fulfilled the judge's requirements and the judge changed his guilty verdict to "Dismissed."

6)Though when arrested,Danbus he told the cops "More money for me,"there never was (or will be) a suit filed.


This is fromall the informationprovided byDutch Uncle, GlockTalk, PilotOnline and Danbus in his postings here.


Yes, the arrest is still on Danbus' record. Andsomeone (W.E.G.) even posteda PDF of his court case record here as well. The arrest probably adversely affects Danbus, too. If he ever applies for the military, a security clearance, or the bar, the arrest and disposition historyrecord will come up. Buthe doesn't have a conviction now. Not anymore.


I would venture an opinion that telling an officer something like "More money for me" is not something that is beneficial. Sets a bad tone.



Here area few links for interesting reading that should provide all the details pertinent to your questions:



BMWAG in Suffolk

http://opencarry.mywowbb.com/view_topic.php?id=25508



Virginia Pilot March 5, 2008 Article:

http://hamptonroads.com/node/456451



Season Finale

http://opencarry.mywowbb.com/forum54/9358-1.html



GlockTalk Thread: Open Carry Saga(s) of Dan Moore AKA Danbus


http://glocktalk.com/forums/showthread.php?t=876020
 

Thundar

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j w mathews wrote:
While this has been a very interesting thread to read (though I think it would have been better without the posts criticizing individuals which I don't think furthered the original topic), there is a matter I have not seen mentioned.

I note that some of the posters above were in Virginia, but this part of the forum is in the "general discussion" area that applies to all states, correct? I think that in any state, when one is driving a vehicle on a public road, one must have a driver's license & show it to law enforcement when properly requested to do so.

I have difficulty with the concept that some folks think they can carry a gun without any form of ID. There are federal and state laws (on the books for many decades) that create what I call "second class" citizens (2ccs). By that I mean people who cannot legally possess firearms, because they are under age, have felony convictions, etc.

In a "utopian" world, the "2ccs" would be in institutions or under supervision if outside. Unfortunately, our society allows second-class citizens to run around loose with no means to tell by just looking at them whether they fall into that category.

People who open carry are "broadcasting" the fact they have a handgun. For the moment, let's disregard whether a particular state requires that people in vehicles have concealed carry licenses or not--let's keep it simple with an OC'er walking down the street.

It is possible that someone might be concerned about seeing that and call the cops, or it is possible that a cop might be passing by & notice an OC'er with a gun (even without a report of a crime having been committed nearby with a description similar to that of the OC'er). It seems to me that a LEO has a legal right to ascertain that the person carrying the gun is legally qualified to do so. If the OC'er has no ID, I think the LEO is justified in detaining him pending a positive ID.

People who open carry in many cases have confrontations with LEOs who may not know the law in the particular state, etc. I would think that the goal of RESPONSIBLE OC'ers is to try to educate the public (including law enforcement) about the legalities of OC, and also avoid creating the impression that OC'ers are a bunch of nutcases.

I think that the majority of LEOs are trying to do a good job and they have enough problems without getting "in your face" attitudes from OC'ers with chips on their shoulders. In my opinion, stirring up trouble when it is not necessary will not advance the cause of OC.

Does the above make sense to any of you?

Norfolk, Danbus

Norfolk, VCDL

Norfolk, Chet

Norfolk VCDL

Norfolk, Danbus AGAIN!

There is the decision that each of us makes when we OC. Will we try to educate the LEO or will we just stand for our rights. In the case of Norfolk, most have given up on the education piece. We will simply stand for our rights. Norfolk knows our rights, but insists on abuse of open carriers.

Many of us have not gotten this way because it is fun, but because we are fed up with the treatment. If you don't believe me go to the old post and see Danbus lawfully standing on a public street and having a Norfolk police officer walk up and point a handgun at his head.

Yes we can open carry without ID. It is called sterile carry. It is a wonderful feeling. You should try it before you criticize others for doing it.
 

hansolo

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Apr 26, 2009
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Fort Collins, Colorado Springs, Colorado, USA
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j w mathews wrote:
While this has been a very interesting thread to read (though I think it would have been better without the posts criticizing individuals which I don't think furthered the original topic), there is a matter I have not seen mentioned.

I note that some of the posters above were in Virginia, but this part of the forum is in the "general discussion" area that applies to all states, correct? I think that in any state, when one is driving a vehicle on a public road, one must have a driver's license & show it to law enforcement when properly requested to do so.

I have difficulty with the concept that some folks think they can carry a gun without any form of ID. There are federal and state laws (on the books for many decades) that create what I call "second class" citizens (2ccs). By that I mean people who cannot legally possess firearms, because they are under age, have felony convictions, etc.

In a "utopian" world, the "2ccs" would be in institutions or under supervision if outside. Unfortunately, our society allows second-class citizens to run around loose with no means to tell by just looking at them whether they fall into that category.

People who open carry are "broadcasting" the fact they have a handgun. For the moment, let's disregard whether a particular state requires that people in vehicles have concealed carry licenses or not--let's keep it simple with an OC'er walking down the street.

It is possible that someone might be concerned about seeing that and call the cops, or it is possible that a cop might be passing by & notice an OC'er with a gun (even without a report of a crime having been committed nearby with a description similar to that of the OC'er). It seems to me that a LEO has a legal right to ascertain that the person carrying the gun is legally qualified to do so. If the OC'er has no ID, I think the LEO is justified in detaining him pending a positive ID.

People who open carry in many cases have confrontations with LEOs who may not know the law in the particular state, etc. I would think that the goal of RESPONSIBLE OC'ers is to try to educate the public (including law enforcement) about the legalities of OC, and also avoid creating the impression that OC'ers are a bunch of nutcases.

I think that the majority of LEOs are trying to do a good job and they have enough problems without getting "in your face" attitudes from OC'ers with chips on their shoulders. In my opinion, stirring up trouble when it is not necessary will not advance the cause of OC.

Does the above make sense to any of you?

We are not up in their face with attitude by not showing ID. They are all up in our faces hassling us for a key element of freedom.
 
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