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Fairfax County Police make false arrest

Jon_E

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The Virginia Citizens Defense League reports three Fairfax County, VA police officers are involved in a false arrest of a North Carolina man.
**********************************************************

We haven't had any issues with the Fairfax County police in quite a while now. I have found them to be one of the best run police agencies in Virginia, stated Philip Van Cleave.

However, three officers tarnished that image last week when they unlawfully arrested a North Carolina resident who was legally carrying a handgun and had a North Carolina CHP.

Hold on tight - this is a weird story.

The gun owner was pulled over for running through a red light, a charge which the gun owner disputes.

The gun owner, believing that he had to disclose he was lawfully armed as they do in North Carolina, dutifully told the officer he had a NC CHP and was indeed armed.

The officer seemed to ignore the statement, but very shortly two more patrol units pulled up. The next thing the gun owner knew he is in a "felony stop" mode. He was asked to walk backwards towards the officers, who then disarmed and handcuffed him.

While trying to unloaded his gun, THEY DROPPED IT ONTO THE ROAD!

The two officers and a SERGEANT then proceeded to tell him that he was under arrested for:

1. Having hollow point bullets, which they claimed were illegal in Virginia (!)
2. Taking a loaded gun across the state line, which the gun owner was told was a FELONY (!)
3. Having a concealed gun that the police said he couldn't have since he was from North Carolina (!!)

His car and gun were impounded and he was taken off to a magistrate.

The magistrate looked at the charges and told the police officers that they had just made a false arrest.

The officers pointed out the possession of hollow point bullets. The magistrate asked, "are they teflon coated?"

"No," replied on of the officers.

"Then they are legal."

Trying to find something that would stick and justify the false arrest, one of the officers said, "We couldn't verify that his North Carolina permit is valid."

The magistrate looked at the permit, noticed the phone number on the back where one can call to verify the permit, called the number, and within a few minutes found out the permit was indeed valid.

The gun owner was ordered to be released.

After being released from custody, the gun owner was given a hard time by another officer about getting his gun back, but he did finally get it back.

If all of that isn't bad enough, the arresting officer went ahead and gave the gun owner a ticket for the alleged offense of running a red light!

In essence, with that brilliant move, the officer was practically BEGGING the gun owner to PLEASE sue Fairfax Count for the false arrest!

I have already talked to my high-level contact with the Fairfax County PD about this entire situation and the gun owner has filed a formal complaint.

In the past, Fairfax County PD has been very good when such internal investigations are required. Now we will wait and see what happens.

What is clear is that Fairfax County PD needs to educate its officers on:

1. Possession of hollow point bullets
2. Reciprocity laws
3. Lawful carriage of firearms across state lines
4. Safe gun handling (a few years ago unsafe gun handling by an officer cause a gun to discharge, killing an unarmed, handcuffed man)





-------------------------------------------
***************************************************************************
VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
dedicated to defending the human rights of all Virginians. The Right to
Keep and Bear Arms is a fundamental human right.

VCDL web page: http://www.vcdl.org
 

ufcfanvt

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Let's use this one. We need some updated info on each of these key issues:
1) The players involved. Names, ranks, experience (in years and locations).
2) The facts of the encounter at the car (stop light run witnessed by mult officers?, FOIA accounts of the conversation, radio chatter, when/how/who disarmed the CCer, rights read, etc)
3) Content of the "charges" (felony transfer across state lines, hallow points, concealed w/out VA permit, not being a good sheep, etc, etc)
4) Booking
5) Interaction w/ the magistrate.

Some of these particulars are probably BS, but need to vet them. The back-and-forth of the last thread kept these from coming to light.

Anybody got anything?
 

67GT390FB

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ufcfanvt wrote:
Let's use this one. We need some updated info on each of these key issues:
1) The players involved. Names, ranks, experience (in years and locations).
2) The facts of the encounter at the car (stop light run witnessed by mult officers?, FOIA accounts of the conversation, radio chatter, when/how/who disarmed the CCer, rights read, etc)
3) Content of the "charges" (felony transfer across state lines, hallow points, concealed w/out VA permit, not being a good sheep, etc, etc)
4) Booking
5) Interaction w/ the magistrate.

Some of these particulars are probably BS, but need to vet them. The back-and-forth of the last thread kept these from coming to light.

Anybody got anything?


best i can do to answer you right nowis this post from VCDL President:

Some on this list were concerned that perhaps I hadn't checked my facts before putting out the alert. The information came directly from the NC resident (who I didn't ask if he minded me putting his name out and so I haven't yet).

The arresting officer was J.A. Connors. Incident happen at Richmond Hwy and Lockheed Blvd.

I got a call today from Lt. Connor (no relation to arresting officer). He said he will be handling the investigation. He also said that my statement of facts was extremely close to his understanding of them currently.



I'm sure if we keep thispost just about updates and facts that thisthread will stay open and relevant.
 

ufcfanvt

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Here's what I've gleaned so far, from the rats' nest of a previous thread.

1) I've heard the name of one of the younger officers. Arresting officer was J.A. Connors of Fairfax Co. PD. Initial encounter happend at Route 1 (Jefferson Davis Hwy) and Lockheed Blvd. We NEED the SERGEANT's name.
2) Traffic stop for running a light. Summons was eventually handed out at Magistrate's office
NC CCer notified was armed. said no initial reaction by officer. Backup was called (HOW MANY?).
Several allegations were made. No details of the conversation.
Arrest was made and defendant was taken in front of Magistrate with several charges on the table.
3) Charges brought: NOTHING concrete beyond what Phillip heard from a 3rd source, though Officer Connor of Internal Affairs at FCPD confirmed "most" of it. Here's what Phillip listed:
-- Having hollow point bullets, which they claimed were illegal in Virginia (!)
-- Taking a loaded gun across the state line, which the gun owner was told was a FELONY (!)
-- Having a concealed gun that the police said he couldn't have since he was from North Carolina (!!)
4) Booking - Nothing so far.
5) Interaction w/ the magistrate. This is where the hammer comes down. Magistrate inform the arrest was a false arrest. What's the name of the Magistrate?

Let's fill in these gaps...
 

peter nap

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ufcfanvt wrote:
Here's what I've gleaned so far, from the rats' nest of a previous thread.

1) I've heard the name of one of the younger officers. Arresting officer was J.A. Connors of Fairfax Co. PD. Initial encounter happend at Route 1 (Jefferson Davis Hwy) and Lockheed Blvd. We NEED the SERGEANT's name.
2) Traffic stop for running a light. Summons was eventually handed out at Magistrate's office
NC CCer notified was armed. said no initial reaction by officer. Backup was called (HOW MANY?).
Several allegations were made. No details of the conversation.
Arrest was made and defendant was taken in front of Magistrate with several charges on the table.
3) Charges brought: NOTHING concrete beyond what Phillip heard from a 3rd source, though Officer Connor of Internal Affairs at FCPD confirmed "most" of it. Here's what Phillip listed:
-- Having hollow point bullets, which they claimed were illegal in Virginia (!)
-- Taking a loaded gun across the state line, which the gun owner was told was a FELONY (!)
-- Having a concealed gun that the police said he couldn't have since he was from North Carolina (!!)
4) Booking - Nothing so far.
5) Interaction w/ the magistrate. This is where the hammer comes down. Magistrate inform the arrest was a false arrest. What's the name of the Magistrate?

Let's fill in these gaps...
I spoke with the Magistrates office yesterday. Apparently it hasn't made the gossip circuit because none of the duty Magistrates were aware of it. He was going to ask around and I'll check back with him on Monday.
 

67GT390FB

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ufcfanvt wrote:
Here's what I've gleaned so far, from the rats' nest of a previous thread.

1) I've heard the name of one of the younger officers. Arresting officer was J.A. Connors of Fairfax Co. PD. Initial encounter happend at Route 1 (Jefferson Davis Hwy) and Lockheed Blvd. We NEED the SERGEANT's name.
2) Traffic stop for running a light. Summons was eventually handed out at Magistrate's office
NC CCer notified was armed. said no initial reaction by officer. Backup was called (HOW MANY?).
Several allegations were made. No details of the conversation.
Arrest was made and defendant was taken in front of Magistrate with several charges on the table.
3) Charges brought: NOTHING concrete beyond what Phillip heard from a 3rd source, though Officer Connor of Internal Affairs at FCPD confirmed "most" of it. incorrect. Phillip had two sources for charges. 1.)NC resident 2.)Officer Connor for confirmation. Two independent sources one the victim the other IA makes a pretty concrete amount of info. The IA officer would not confirm misinformation.
Here's what Phillip listed:
-- Having hollow point bullets, which they claimed were illegal in Virginia (!)
-- Taking a loaded gun across the state line, which the gun owner was told was a FELONY (!)
-- Having a concealed gun that the police said he couldn't have since he was from North Carolina (!!)
4) Booking - Nothing so far.
5) Interaction w/ the magistrate. This is where the hammer comes down. Magistrate inform the arrest was a false arrest. What's the name of the Magistrate?

Let's fill in these gaps...

4.) there would be no booking as the Magistrate refused to charge on the BS and the NC resident was released on a summons for the Traffic stop.

 

Sheriff

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When a person is arrested in Virginia and taken before the magistrate, the warrants are written, printed and assigned a docket number by computer now, and immediately entered into the state system at the same time it is written. But if the magistrate refused to write any criminal arrest warrants, no such entries in the state system will exist of course. It is possible the magistrates in Fairaxkeep a personal log of every hearing theyhold though, whether warrants are issued or not. The individual magistrates in Charlottesville and Albemarle County used to keep pretty accurate personal records. It shouldn't be too hard to locate the magistrate on duty that released the subject with no criminal charges being placed. Whether he/she will discuss the incident is anybody's guess.

The traffic summons would be entered onto the state system after the officer or police department turns the uniform traffic citation into the General District Court clerk's office in Fairfax. It will be very hard tolocate this on the state system without the defendant's last name. If you have the officer's name (Conners) you can go through the entire Fairfax docket and hope to come across a red light citation with the defendant's address being in North Carolina.

The Virginia courts system is not an easy system to search online.
 

peter nap

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Sheriff wrote:
When a person is arrested in Virginia and taken before the magistrate, the warrants are written, printed and assigned a docket number by computer now, and immediately entered into the state system at the same time it is written. But if the magistrate refused to write any criminal arrest warrants, no such entries in the state system will exist of course. It is possible the magistrates in Fairaxkeep a personal log of every hearing theyhold though, whether warrants are issued or not. The individual magistrates in Charlottesville and Albemarle County used to keep pretty accurate personal records. It shouldn't be too hard to locate the magistrate on duty that released the subject with no criminal charges being placed. Whether he/she will discuss the incident is anybody's guess.

The traffic summons would be entered onto the state system after the officer or police department turns the uniform traffic citation into the General District Court clerk's office in Fairfax. It will be very hard tolocate this on the state system without the defendant's last name. If you have the officer's name (Conners) you can go through the entire Fairfax docket and hope to come across a red light citation with the defendant's address being in North Carolina.

The Virginia courts system is not an easy system to search online.
According to the Clerk in Fairfax, it takes 2 weeks to hit their computers. Since I don't know the exact date, I can't pinpoint the Magistrate yet.

It has hit the gossip circle in the PD and I know the fellows name now but haven't contacted him for permission to use it. Until this becomes public information, it's going to be slow.
 

67GT390FB

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vcdl update:

*******************************************
2. Update on North Carolina permit holder who was falsely arrested in
Fairfax County
*******************************************

Since I first reported on three Fairfax County police officers falsely
arresting a North Carolina concealed handgun permit holder last week,
I have been contacted by Lt. O'Connor with the Fairfax County Police.

Lt. O'Connor is going to be handling the investigation into the
incident, which happened on June 21st at the intersection of Richmond
Hwy and Lockheed Blvd.

Lt. O'Connor was polite and professional. He basically confirmed that
the statement of facts I had made about what happened was pretty much
what he had heard. He said the investigation might change that
understanding though.

He expected the investigation to last about two weeks.

Once the investigation is complete and we see what actions Fairfax
County is going to take to prevent further abuses of law-abiding gun
owners, VCDL will decide what to do and react accordingly.

I'll update everyone as soon as something new happens in this case.
 

Deanimator

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67GT390FB wrote:
vcdl update:

*******************************************
2. Update on North Carolina permit holder who was falsely arrested in
Fairfax County
*******************************************

Since I first reported on three Fairfax County police officers falsely
arresting a North Carolina concealed handgun permit holder last week,
I have been contacted by Lt. O'Connor with the Fairfax County Police.

Lt. O'Connor is going to be handling the investigation into the
incident, which happened on June 21st at the intersection of Richmond
Hwy and Lockheed Blvd.

Lt. O'Connor was polite and professional. He basically confirmed that
the statement of facts I had made about what happened was pretty much
what he had heard. He said the investigation might change that
understanding though.

He expected the investigation to last about two weeks.

Once the investigation is complete and we see what actions Fairfax
County is going to take to prevent further abuses of law-abiding gun
owners, VCDL will decide what to do and react accordingly.

I'll update everyone as soon as something new happens in this case.
The officers in question need to represent a tiny uptick in the unemployment rate.
 

Sheriff

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Deanimator wrote:
The officers in question need to represent a tiny uptick in the unemployment rate.
Costs too much to hire and train a new officer.

Combined with the fact that the replacement might be worse than the current cop.
 

Citizen

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Sheriff wrote:
Deanimator wrote:
The officers in question need to represent a tiny uptick in the unemployment rate.
Costs too much to hire and train a new officer.

Combined with the fact that the replacement might be worse than the current cop.
Easily solved. Just sue for twice what it costs to hire and train a new officer.
 

Wynder

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Citizen wrote:
Sheriff wrote:
Deanimator wrote:
The officers in question need to represent a tiny uptick in the unemployment rate.
Costs too much to hire and train a new officer.

Combined with the fact that the replacement might be worse than the current cop.
Easily solved. Just sue for twice what it costs to hire and train a new officer.
R. O. F. L.
 

deepdiver

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Citizen wrote:
Sheriff wrote:
Deanimator wrote:
The officers in question need to represent a tiny uptick in the unemployment rate.
Costs too much to hire and train a new officer.

Combined with the fact that the replacement might be worse than the current cop.
Easily solved. Just sue for twice what it costs to hire and train a new officer.
Citizen, sometimes you just kill me ... :lol:
 

Deanimator

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Citizen wrote:
Sheriff wrote:
Deanimator wrote:
The officers in question need to represent a tiny uptick in the unemployment rate.
Costs too much to hire and train a new officer.

Combined with the fact that the replacement might be worse than the current cop.
Easily solved. Just sue for twice what it costs to hire and train a new officer.
The jurisdiction will just steal more money from the taxpayers to make up the difference.
 

Deanimator

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Sheriff wrote:
Deanimator wrote:
The officers in question need to represent a tiny uptick in the unemployment rate.
Costs too much to hire and train a new officer.

Combined with the fact that the replacement might be worse than the current cop.
I direct your attention to the example of the Chicago PD. The city routinely pays out in settlements and judgements for police misconduct, amounts that look like the operating budget of a lot of suburbs and towns. Yet, the conduct of the Chicago PD hasn't moderated in ANY way in years. In fact, it's getting worse. Daley just keeps raising taxes (highest sales taxes in the NATION) to pay for that and his other pratfalls.

If on the other hand, officers who misbehave face the loss of their livelihood through firing, or impoverishment through being sued as individuals, there's a deterrence factor. If a bad cop knows he's not going to be fired, why should he care how much the city spends to settle a lawsuit? In a lot of places, he won't even pay the raised taxes, since he can live outside the jurisdiction.

There have to be consequences to the INDIVIDUAL who misbehaves, otherwise there's no reason for him to stop.
 

Sheriff

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Guys and girls, I didn't intend to introduce any logic into this subject. I was simply explaining the warped reasoning why departments very seldom cut any heads off. My local departments have enough trouble finding and hiring competent applicants, they don't want to terminate thosethey think already have.

Another problem is the Bill of Rights a police officer has. It's almost impossible to terminate a cop's employment unless they really screw up big time. A deputy sheriff in Virginiaon the other hand does not have the same rights, a deputy sheriff can be fired at any time by a sheriff, with or without cause.
 

Deanimator

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Sheriff wrote:
Guys and girls, I didn't intend to introduce any logic into this subject. I was simply explaining the warped reasoning why departments very seldom cut any heads off. My local departments have enough trouble finding and hiring competent applicants, they don't want to terminate thosethey think already have.

They can't be fired for a gross act of false arrest? That seems odd. I'm not saying you're wrong. I'm just saying it's odd.

In a lot of instances, failure to terminate bad cops is a CHOICE, not something forced on the department.

They might think that they are either saving money, or keeping manpower up, or whatever inane "reasoning" that falls under, but the end results are 100% bad:

1. Lack of respect for the police. A big portion of the populace of Chicago would step over a Chicago cop rather than even dial 911, nevermind actually risk themselves to help them.

2. Lowering of standards and morale. When bad cops are seen to get away with repeated bad acts, other cops wonder why they should uphold their oaths. A culture of corruption and criminality spreads throughout the force.

3. Resources are misallocated. City/county budgets aren't infinite. Even with insurance, deductables go up with repeated claims. That's money NOT spent in any productive way.

Like you said, it's not your reasoning, but it has a cost, and partially to you. Thy let somebody repeatedly get away with blatant misbehavior and then whine when they're hit with $12.5million wrongful death suits. And every big award screams "pattern of behavior" to juries who just keep upping the judgements.
 

Sheriff

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Deanimator wrote:
They can't be fired for a gross act of false arrest? That seems odd. I'm not saying you're wrong. I'm just saying it's odd.
I have never seen a cop fired for a false arrest. In one particular false arrest that I am familiar with, a rookiecop wasn't even fired after he went to the magistrate's office 4 hours after the false arrest and lied under oath to the magistrate in order to obtain the false arrest warrants. The 4 hour delay was because the cop realized he had screwed up big time and actually made a false arrest. When he could find no other legitimate crime to charge the person with, there was nothing left to do but lie on the original false arrest charge. After the lawsuits were filed and the truth was revealed, he wasn't even fired then.

Although, had the lawsuits actually gone to court, rather than an out of court settlement, I think the public would have demanded this cop's head served up on a silver platter for his perjury. If you understand where I am going with this, this is why so many out of court settlements take place. The police chief didn't want this lawsuit being heard before a jury with the media sitting on the front row taking notes for the next day's newspaper story.

Just so this tale doesn't leave a bad taste in everybody's mouths, the sergeant on duty was my brother-in-law. He was later terminated after 20+ years on the job. He knew it was a false arrest as it was taking place and did nothing to intervene and make things right as his rookie was jumping off this cliff without a parachute.
 
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