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Guy sues cop who detained him for OC in OC state

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  • txinvestigator

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    The citizen was not bright. All that bull just because he wanted to be obstinate.

    And he won part of his suit, and the officer won part, based on my reading.

    Huge waste of time. They guy wasnt even arrested. A quick check and he was on his way. He admits that he tries to provoke such encounters.
     

    wakal

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    Who paid? The department had to throw money on the table due to the illegal actions of the cop. Wow...cops have to follow the law too, and not just subject Americans to their whims? Who would have guessed that?

    And yes, the guy sounds like a complete asshole. However, he is an asshole who has court-ordered tax money, err, speeding ticket revenue, ah...police department money due to illegal harassment by a police officer. Cops are not above the law, and their ignorance of the law is no excuse. Amazing.

    :)
     
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    Sapper740

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    The citizen was not bright. All that bull just because he wanted to be obstinate.

    And he won part of his suit, and the officer won part, based on my reading.

    Huge waste of time. They guy wasnt even arrested. A quick check and he was on his way. He admits that he tries to provoke such encounters.
    Exactly how is exercising your Constitutional Rights being obstinate and provoking? I eagerly anticipate your mental gymnastics on this one.
     

    Nortex

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    How does that "serve and protect" thing work again?

    TXI calls a law-abiding citizen obstinate for wanting to not be hassled while exercising his rights. Dang, I guess I'm obstinate too.

    A quick check and he was on his way....
    Uh, a frisk is more than a quick check in my book. Corvalis ain't NYC....and neither is TX thank God. Some cop wants to pat me down he better have a real good reason.
     
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    Ole Cowboy

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    Plenty of "pro 2A" people who are obnoxious and troll for confrontation. I am not saying this guy was or wasn't, but plenty do.
    They are not reall 2A folks, only think they are. The 2nd is not about guns its about freedom to defend yourself against a tyrannical govt...you know, like the one we have now.

    While in an OC state I have every right to do so, the cop also has the right as a LEO to make sure I am a legal citizen* and one in good standing.


    * This right is being challenged across this nation. As the WWII vets were being denied at gunpoint from visiting their memorial, a short distance away illegal aliens were tearing up the very ground they were being welcomed on by the govt. Where we are going, is the cop has the RIGHT to stop YOU as long as you are not a illegal alien, or a minority from black to gay, but a private citizen who is white can be stopped and interrogated.

    The frustration many LEO's have at being unable to challenge bad guys is beginning to be taken out on white males exercising their rights.
     

    Mic

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    The citizen was not bright. All that bull just because he wanted to be obstinate.

    And he won part of his suit, and the officer won part, based on my reading.

    Huge waste of time. They guy wasnt even arrested. A quick check and he was on his way. He admits that he tries to provoke such encounters.

    Don't know if I'd call this a draw. From my reading the open carrier won summary judgement to say he was illegally detained and illegally frisked. The mail and the battery during frisk (which if you ask me are smaller potatoes than the first two) were basically questions of fact that didn't deserve to be judged without a full trial.

    I'd say Joe open carry takes a big heap of win on this one. If one believes his story, which I do, the officer pulled him over for open carry, then lied about his reasoning for the pullover, making up stuff about trespassing on a railroad.
     

    Blayglock

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    The police officer and department were not bright. All that bull just because they wanted to be obstinate.

    The department should have taken the compliant seriously and given the officer the additional training he needed to ensure that an incident like this didn't happen again.

    Huge waste of time.

    Also the officer shouldn't have pulled that dickhead stunt in the deposition by having someone come check him for legally carrying a firearm. He also shouldn't have lied about the guy trespassing.

    Fixed it.




    Sent from my iPhone using Tapatalk - now Free
     

    TheDan

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    Plenty of "pro 2A" people who are obnoxious and troll for confrontation.
    True, but "troll'n" isn't justification for detaining and frisking someone. Since you know these folks are out just looking for a confrontation, isn't it best to not give them what they want? The only reason why people keep doing stuff like that is because they are getting the reaction that they want.
     

    Texan2

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    True, but "troll'n" isn't justification for detaining and frisking someone. Since you know these folks are out just looking for a confrontation, isn't it best to not give them what they want? The only reason why people keep doing stuff like that is because they are getting the reaction that they want.
    I agree with you. Was merely pointing out that they aren't doing the 2A any favors with their antics
     

    Ole Cowboy

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    True, but "troll'n" isn't justification for detaining and frisking someone. Since you know these folks are out just looking for a confrontation, isn't it best to not give them what they want? The only reason why people keep doing stuff like that is because they are getting the reaction that they want.
    You are right on Dan...A good LEO would just give you a look and view your stance, weapon at attitude, in most cases that would answer your questions and no need to go further. A look in a man's eyes is very telling. If something in your gut says more then a friendly attitude is best, it will get the individual to open up and should not cause a threat reaction. If it does then you need to ask a few more questions. When I was a LEO we worked off our gut feeling and rarely were we completely wrong. Today with near out of control police who see themselves more as Ninja's than as LEO's its different. Especially when we see the prime targets are veterans, wheelchair bound, babies under 2, the elderly and frail as they let illegals and radicals pass by.

    Let me relate a incident in which I was involved: Wife and I are in line to board a AA flight into NYC from Rome. Ahead of me as in the next person is what I believe to be a woman in orthodox dress, meaning only her eyes are visible. I take note she is either a humpback or wearing a backpack, one of the two. We proceed in line and they are checking carry aboard bags then pass thru the magic door. She gets a wave on checking her bag, I get stopped and told to take off shoes and (STRAW see thru cowboy) hat. I note to my left and right at the pass thru door she set off with a 'BEEP'. I also note she is not sent back thru the door nor asked to remove shoes or anything else, she gets a wave to to head to the boarding gate. My shoes go thru X ray, my small back all but torn apart and my hat is CRUSHED sideways and down...OOPS, you don't chuck with my hat. I ask what is going on as they are now pulling my hat and holding it up to the light? TSA agent tells me folks hide things in hats, I say its a straw and you can see thru it, where would I hide...she lays hat down on the table, open her palm and sets it on top and begins to crush it...I calmly say if you crush my hat one more time I will break your arm, now call your supervisor before you make another move...she says will I will jus x ray it them...fine go ahead, but do not touch that hat again! I am a big guy and drilling her right in both eyeballs, she now hands me my hat and I walk thru the door not setting anything off...
     
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