imported post
As the guy who had the unfortunate experience with the Henrico County Police Officer several months back (later resolved - in my favor), I have some strong opinions about how to properly handle encountering law enforcement officers who are unaware of (or who disagree with) Virginia law (the officers name, incidentally, was John Hamilton Waters)
First and foremost, it is essential that you are polite, alert to every action of the officer in order to faithfully and correctly write a detailed summary of your experience,able to immediately follow the instructions of an ignorant law enforcement officer even though you know he is wrong,and prepared to combine politeness andfirmness ("That is my personal business, sir" - after being repeatedly questioned "Why do you have a gun" in a rude manner). You also need to be able to calmly, quickly and politelycomply with somewhat humiliating instructions ("spread your legs. No, spread them further", etc). In my case, although I was unlawfully detained, and although an internal affairs investigation found that the officers actions were "...inappropriate, and not up to the expectations of the Division...", everything was resolved in my favor because I was 1.) following the rules 2.) submitted to all of the officers instructions 3.) spoke to his supervisor a couple hours later that same night 4.) filed a report with internal affairs the next morning 5.) wrote a detailed, fact-based narrative of my experience that avoided politics, lawsuit threats, pro-second amendment language, etc. Perhaps it helped that while in graduate school Iinterned at the JamesMadison University Police Department and provided legal research for the department for two years.
Of course, I alwaysdress nicely while open carrying, never touch or look at my firearm while open carrying, and try to be my usual, polite self. Still, after open carrying for awhile, it can be a bit of a shock to encounter a clearly threatened, nervous police officer.I heard himradio in that hewas arresting a 10-32 (armed subject) - soI knew he was ignorant of the law. Luckily,someone in one of the four police cruisers that responded must have cleared things up for him, as I wasn't cuffed (just detained). I also filed a complaint with the commonwealths attorneys office in addition to internal affairs, which seemed to up the ante tremendously for the department.
Truthfully, if he had apoligized for the inconvenience (it was my birthday, I was held for 20 minutes on the street at a busy intersection, etc), I would have let everything go and forgot about it. Instead, he told me to expect this everytime I open carry.
Anyway, my point is to be prepared for the possibility that you will encounter such an officer, and be ready to react appropriately. If I had been rude, or if I had used the situation to make political points, perhaps the situation would not have been resolved in my favor even though the officer was in the wrong.
One more thing - make mental notes ofEVERYTHING that happens. As it turns out, one of themost significant mistakes the officer made went unnoticed by me intially, and I should have noticed having previously provided legal research and training to police officers. The officer removed my handgun without my permission - and ran a check to see if it was stolen. This turned out to be an unlawful search sincethis wasa terry stop and my weapon was not a hidden threat - but a legally openly carried piece of my property. Thankfully, the officer had moved me to in front of his cruiser, and everything was caught on tape. Internal Affairs first noticed this issue and asked me to confirm that the officer did not get my permission to remove my weapon (if he had asked, I would have said yes, incidentally).
Also, don't let the first person you speak with convince you that you are wrong. The seargeant I spoke to that night was very friendly and willing to hear what I had to say, and almost had me convinced I shouldn't pursue the issue and the officer did little wrong. In fact, if he had said he would speak to the officer about some of the concerns I raised, I would have let the whole thing go right there. But he didn't.
I had never worked with a police officer who lied in two years with a police department, so when one of the Chiefs deputies told Philip van Cleave that there had been a call about a man with a gun that the officer was responding to, I believed it and also almost dropped everything there. That turned out to be untrue. I am glad I continued to puruse the issue.
Sorry for the long post. I am sure I've left something out I'll wish I added later. But it's close to my bedtime!