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 Cop pulls gun on man picking up trash around his apt 
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This was hilarious. I think he could have done himself a favor by leaving the arm thing alone, it can be genuinely concerning flailing that around while angry. But good on him defending his rights. I really wished he was personally more insulting than he was, that little idiot with an ego so fragile really needed a more serious grilling. But it is nice to see the part of the video of him getting paid out in front of the other cops who are surely going WTF.


Fri May 17, 2019 11:48 pm
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TechnoWeenie wrote:
leadcounsel wrote:
TechnoWeenie wrote:
leadcounsel wrote:
* If you carry a firearm (..)


No ID or CPL needed if open carrying.

The same would be for the 'I need to make sure you're not a felon'.. unlawful stop

I see fruit of the poisonous tree.. He could've pulled out a crack pipe and smoked it and it's still an illegal stop. lol


Incorrect.

First, carrying a gun would possibly rise to RAS or PC for stopping and disarming under a Terry stop, based on the situation.


What crime is afoot by merely open carrying?

State vs. Casad ruled that merely open carrying was not enough to warrant a detention.

also, Florida VS J. L. where USSC ruled that a mere complaint of carrying a firearm was not sufficient to detain and the state argued there was a 'firearm exemption' to the 4th for officer safety and the courts refused that argument stating that if someone could be disarmed/detained merely for being in the presence of an officer, one wouldn't be able to lawfully carry as they could be detained by any cop that saw them, obviously BS. Florida reiterated that in performing a frisk someone must be both armed AND dangerous, as being armed doesn't necessarily mean they're dangerous, see above for the 'no firearm exemption for the 4th' above..

:D


We're getting off topic, but two realistic possibilities are misidentify of a criminal suspect, or a swatting situation.

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Sat May 18, 2019 1:32 am
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CurtisLemansky wrote:
Must be nice to get a year paid vacation to help find a new career...


A new career? Highly doubtful. That guy will be collecting another paycheck wearing a different badge within short order. Getting him off the payroll quickly is just a defensive measure for the department to stay away from culpability.
If his superiors REALLY had issue with his behavior, he would have been fired. Even employment termination doesn't seem to be much of a hurdle for many police officers.

You don't have to look very far to find many examples of cops being fired with prejudice, and re-hired in another precinct.

Just review how many stories there are about questionable police shootings, and how frequently the involved officers had previously been investigated in previous questionable shootings.

Its common.


Sat May 18, 2019 9:03 am
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I really, really hope this was a one-time thing for this guy, just had a really off-day, couldn't let something go, etc. Or at least that he'll learn that he needs to keep his ego in check. Because, as others have states, make no mistake, he will get another badge somewhere else. If this is just who this guy is, his name needs to get out there. If there's a few good apples at his new gig, and they catch wind of what this guy is all about, maybe they can try to keep him in check. I doubt the court of public opinion will have an effect on Mr. Smyly if'n he's got a big ego and a bad attitude. Peer pressure, or embarrassment on the part of your coworkers, on the other hand, may go a long way.

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Sun May 19, 2019 7:05 pm
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I don't think most of us carry identification when we're just doing yard work. Maybe especially women, since our ID is usually in our purses, which we are not usually carrying when out in the garden. I do carry my WA EDL in a pocket on the back of my phone, and more ID if I'm doing my gardening off of my own property, but yah...that officer was out of line.

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Mon May 20, 2019 8:03 pm
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What in the actual f*** was this guy thinking?

There is no redeeming factor in this cop's behavior. Not a single one.

So, you approach someone. This is called a "community contact". Here's a hint...if you talk to someone like a HUMAN BEING and not an OVERBEARING PRICK, they tend to warm up.

Second...if you are in the community contact stage, and you ask for ID--and the person says "No"...the ONLY acceptable action is to say "OK. Hope you have a good day" and get your ass back in your patrol unit. Period. Full stop.

"I just LOVE the "obstruction" part. (hurrrrrrrrk...urp.....baaaarf... :trainwreck: )

Whaaaat...so the guy's going to be charged with, what? Contempt of Cop? POPO (Pissed Off Police Officer)?

Fucking TOOL. THIS is why people tend to HATE OUR GUTS...because of asshats like THIS GUY. :blackcloud1:

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Mon May 20, 2019 9:51 pm
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Powderman wrote:
What in the actual f*** was this guy thinking?

There is no redeeming factor in this cop's behavior. Not a single one.

So, you approach someone. This is called a "community contact". Here's a hint...if you talk to someone like a HUMAN BEING and not an OVERBEARING PRICK, they tend to warm up.

Second...if you are in the community contact stage, and you ask for ID--and the person says "No"...the ONLY acceptable action is to say "OK. Hope you have a good day" and get your ass back in your patrol unit. Period. Full stop.

"I just LOVE the "obstruction" part. (hurrrrrrrrk...urp.....baaaarf... :trainwreck: )

Whaaaat...so the guy's going to be charged with, what? Contempt of Cop? POPO (Pissed Off Police Officer)?

Fucking TOOL. THIS is why people tend to HATE OUR GUTS...because of asshats like THIS GUY. :blackcloud1:


Ya'll better get some fucking parkas.... Hell just froze over.... Powderman agreed with me... :ROFLMAO:

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Mon May 20, 2019 9:57 pm
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leadcounsel wrote:
TechnoWeenie wrote:
leadcounsel wrote:
* If you carry a firearm (..)


No ID or CPL needed if open carrying.

The same would be for the 'I need to make sure you're not a felon'.. unlawful stop

I see fruit of the poisonous tree.. He could've pulled out a crack pipe and smoked it and it's still an illegal stop. lol


Incorrect.

First, carrying a gun would possibly rise to RAS or PC for stopping and disarming under a Terry stop, based on the situation. It's one reason I'm against OC practice. Too much opportunity for LEO harassment.

A new separate unrelated crime would sever the alleged "fruits of a poisoned tree" issue. The "fruits" have to be related, and otherwise undiscoverable absent such an unlawful stop.


Agreed...but the officer conducting the stop had better be able to articulate why they stopped a person who is legally carrying a firearm. The mere presence of the firearm in and of itself does not meet the "reasonable suspicion" standard.

Something that would meet the standard is if the officer can articulate through personal knowledge or prior contact that the person observed carrying the firearm falls into a prohibited class. Or, if the person is carrying the firearm in a way that would generate a fear of attack in a "reasonable person" (brandishing).

The cop in the video was simply undergoing a severe case of cranio-rectal inversion. Instead of having the jingle "I wanna be a Toys-R-Us Kid!" (remember that one?) in his head, he was saying, "I wanna be a dick todaaaaay!!!".

That video just pisses me off.

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Tue May 21, 2019 12:58 pm
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He is fortunate that he caught this on video, otherwise it would be his word against the cops.

HOWEVER, when interacting with LEOs:
1. no cussing, don't raise your voice, interact as if you are in court
2. do not appear in a threatening manner, to include having anything that can be perceived as a weapon in your hands. Sit down if need be.

The department may have received complaints of vagrants in the area and was engaging them. However the offer of showing him your residence ought to have sufficed.

When I was traveling with contract jobs in other states, I still retained my WA state DL. At one time, I was not permitted by law enforcement to go to my rental place because my ID did not indicate it (I-70 was shut down and was told to turn around). ID does not necessarily show where you reside.


Tue May 21, 2019 4:08 pm
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TechnoWeenie wrote:
leadcounsel wrote:
TechnoWeenie wrote:
leadcounsel wrote:
* If you carry a firearm (..)


No ID or CPL needed if open carrying.

The same would be for the 'I need to make sure you're not a felon'.. unlawful stop

I see fruit of the poisonous tree.. He could've pulled out a crack pipe and smoked it and it's still an illegal stop. lol


Incorrect.

First, carrying a gun would possibly rise to RAS or PC for stopping and disarming under a Terry stop, based on the situation.


What crime is afoot by merely open carrying?

State vs. Casad ruled that merely open carrying was not enough to warrant a detention.

also, Florida VS J. L. where USSC ruled that a mere complaint of carrying a firearm was not sufficient to detain and the state argued there was a 'firearm exemption' to the 4th for officer safety and the courts refused that argument stating that if someone could be disarmed/detained merely for being in the presence of an officer, one wouldn't be able to lawfully carry as they could be detained by any cop that saw them, obviously BS. Florida reiterated that in performing a frisk someone must be both armed AND dangerous, as being armed doesn't necessarily mean they're dangerous, see above for the 'no firearm exemption for the 4th' above..

:D


I want to see the words "terry stop" in the 4th Amendment

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Thu May 23, 2019 9:33 am
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I finally watched the video, I have to say these cops are cowards and have no dick, calling his tongs a weapon...kiss my ass

Everyone of those cops should be dismissed and charged with civil rights abuses.....

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Thu May 23, 2019 10:02 am
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Quote:
I want to see the words "terry stop" in the 4th Amendment


Sir, the Supreme Court has the duty to interpret law. In the cited case, the Court stated that the stopping of Reginald Terry--and the subsequent frisk for firearms--based on the detective's training and experience and his belief that a criminal act was in the making, was allowed under the guidelines of the 4th Amendment, and did not violate the rights of Reginald Terry.

(See: Terry v. Ohio, 386 US)

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Sat May 25, 2019 3:06 pm
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