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Old 12-02-2012, 00:47   #1
bucksnort1959
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He asked if my concealed was loaded. stupid cop...civil rights suit pending

I was asked if my concealed was loaded. pretty stupid cop and the impending civil rights violation suit will maybe edumacate him



Moderator Note: I moved this from another thread to its own for better exposure and discussion. Hopefully, it might help others who find themselves in similar circumstances.

Last edited by RussP; 12-03-2012 at 07:01..
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Old 12-02-2012, 02:52   #2
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I was asked if my concealed was loaded. pretty stupid cop and the impending civil rights violation suit will maybe edumacate him
You were asked if your gun was loaded and you think it's grounds for a civil rights lawsuit? It appears you're the one who needs to be educated. Do you have any remote idea at all what is required to be successful in a civil action against an officer, whether a state or federal claim?
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Old 12-03-2012, 00:43   #3
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. Do you have any remote idea at all what is required to be successful in a civil action against an officer, whether a state or federal claim?
I have professionals that are working in my best interests in this matter.
I've in the past been part of an Internal Investigation of 3 cops that resulted in some very black marks against them
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Old 12-03-2012, 05:45   #4
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Falsely arrested without probable cause, illegal search of my vehicle, confiscation and denial of my 2nd amendment rights.
The probable cause standard is not proof beyond a reasonable doubt. If the officer reasonably believed that you were impaired and conducted the arrest in good faith, it wasn't a "false" or "illegal" arrest. An officer can search your vehicle incident to that arrest. So it's not an illegal search either. As far as the 2nd Amendment issue, I'm not sure about your firearm laws, but in my state we have a charge for possession of a firearm while intoxicated. So I assume that if you were arrested for DUI it would be somewhere in that arena.

Even if you were exonerated from the charges and/or they were dismissed, it doesn't show at all that there was a constitutional violation. In layman's terms you would have to show that the officer(s) involved acted with recklessness/malice involving the arrest. Every situation is very fact based, but I can tell you that the standard to prove this claim is VERY high. I would be very glad to read the court's opinion involving this arrest and any legal actions you take. I have access to Westlaw & Lexis so I can pull unpublished opinions if you care to provide case name or parties to the case.

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2 days later they setup experimental no cause check points with money they got from the Feds. These are illegal in my state
"Experimental no cause" checkpoints? Feel free to provide a source to that claim as well (i.e. news story, court opinion).
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Old 12-03-2012, 07:46   #5
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The probable cause standard is not proof beyond a reasonable doubt. If the officer reasonably believed that you were impaired and conducted the arrest in good faith, it wasn't a "false" or "illegal" arrest. An officer can search your vehicle incident to that arrest. So it's not an illegal search either. As far as the 2nd Amendment issue, I'm not sure about your firearm laws, but in my state we have a charge for possession of a firearm while intoxicated. So I assume that if you were arrested for DUI it would be somewhere in that arena.

Even if you were exonerated from the charges and/or they were dismissed, it doesn't show at all that there was a constitutional violation. In layman's terms you would have to show that the officer(s) involved acted with recklessness/malice involving the arrest. Every situation is very fact based, but I can tell you that the standard to prove this claim is VERY high. I would be very glad to read the court's opinion involving this arrest and any legal actions you take. I have access to Westlaw & Lexis so I can pull unpublished opinions if you care to provide case name or parties to the case.



"Experimental no cause" checkpoints? Feel free to provide a source to that claim as well (i.e. news story, court opinion).
youre such a wet blanket on this guy's parade....
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Old 12-05-2012, 10:41   #6
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Originally Posted by SgtScott31 View Post
The probable cause standard is not proof beyond a reasonable doubt. If the officer reasonably believed that you were impaired and conducted the arrest in good faith, it wasn't a "false" or "illegal" arrest. An officer can search your vehicle incident to that arrest. So it's not an illegal search either. As far as the 2nd Amendment issue, I'm not sure about your firearm laws, but in my state we have a charge for possession of a firearm while intoxicated. So I assume that if you were arrested for DUI it would be somewhere in that arena.

Even if you were exonerated from the charges and/or they were dismissed, it doesn't show at all that there was a constitutional violation. In layman's terms you would have to show that the officer(s) involved acted with recklessness/malice involving the arrest. Every situation is very fact based, but I can tell you that the standard to prove this claim is VERY high. I would be very glad to read the court's opinion involving this arrest and any legal actions you take. I have access to Westlaw & Lexis so I can pull unpublished opinions if you care to provide case name or parties to the case.



"Experimental no cause" checkpoints? Feel free to provide a source to that claim as well (i.e. news story, court opinion).
I agree and the pc will be the stop followed by the drinking charge. I would love to see the video.
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Old 12-05-2012, 10:54   #7
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Originally Posted by SgtScott31 View Post
The probable cause standard is not proof beyond a reasonable doubt. If the officer reasonably believed that you were impaired and conducted the arrest in good faith, it wasn't a "false" or "illegal" arrest. An officer can search your vehicle incident to that arrest. So it's not an illegal search either. As far as the 2nd Amendment issue, I'm not sure about your firearm laws, but in my state we have a charge for possession of a firearm while intoxicated. So I assume that if you were arrested for DUI it would be somewhere in that arena.
Depending on where, this gets kind of hairy. Depends on the DA's recommendations around here.

I was in a jurisdiction that borders the next county. Cops from the other county stopped and arrested an OWI just inside our jurisdiction. We pulled up behind and backed him up until his backup officer showed up. After they hauled the driver off, we stayed and BSed with the backup cop, and were amazed at the differences in how vehicle searches had to be done incident to OWI arrest.

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"Experimental no cause" checkpoints? Feel free to provide a source to that claim as well (i.e. news story, court opinion).
Again, assuming WI, he's probably referring to one of these...

http://www.todaystmj4.com/news/local/80464437.html

It's not a "checkpoint". It's a big sign on the side of the freeway warning drivers that there is extra patrol looking for intoxicated drivers in that area.

Carry Issues
http://wtaq.com/news/articles/2011/a...onwide-effort/
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Old 12-03-2012, 07:02   #8
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Originally Posted by bucksnort1959 View Post
stopped for speeding. had one beer right after work. Cop claimed I was drunk. Blood came back .012
Falsely arrested without probable cause, illegal search of my vehicle, confiscation and denial of my 2nd amendment rights.
....
Best of luck with that but from here speeding easily justifies the stop and the blood suggests that you had been drinking but were not above the presumed legal limit. My guess is that this might be an uphill case. I would be curious as to the view of the attorney and, perhaps, even more curious as to whether he is charging or is doing teh case based on a contingency arrangement.

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I have professionals that are working in my best interests in this matter.
I've in the past been part of an Internal Investigation of 3 cops that resulted in some very black marks against them
What kind of "black marks?"
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Old 12-03-2012, 07:20   #9
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Were any field sobriety tests performed? Where I worked as an LEO, that was always the first step. Or a breathalyzer (but we didn't all have one).
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Old 12-03-2012, 07:45   #10
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I have professionals that are working in my best interests in this matter.
I've in the past been part of an Internal Investigation of 3 cops that resulted in some very black marks against them
Not your first "run in" with and civil litigation with the police? Hmmmm
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Old 12-03-2012, 09:13   #11
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I've in the past been part of an Internal Investigation of 3 cops that resulted in some very black marks against them
Quote:
Originally Posted by Bruce M View Post
What kind of "black marks?"
I'm curious about that previous incident, too.
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Not your first "run in" with and civil litigation with the police? Hmmmm
He said it was an internal investigation, not litigation.
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Old 12-03-2012, 12:50   #12
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I'm curious about that previous incident, too.He said it was an internal investigation, not litigation.
Sounds like both. Internal inv. First And now civil suit/litig. The VAST MAJORITY of people go thru life and are never involved in such incidents. He being involved in two makes me want to know more of the facts on both sides. However, i'd feel pretty comfortable if I was a betting man.
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Old 12-04-2012, 00:44   #13
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I'm curious about that previous incident, too.He said it was an internal investigation, not litigation.
This was a long time ago. I think one of the cops wasn't around much longer after that. I at least saw that citizens had a tool that cops had to weed out the bad ones at least in smaller cities.
I wasn't involved directly or was arrested. Just a very good eyewitness to the events as they went down.
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Old 12-03-2012, 23:08   #14
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Not your first "run in" with and civil litigation with the police? Hmmmm
I was also brought to the stand in a murder trial about 18 or so years ago and my testimony helped the prosecution .
So what does it make me?
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Old 12-03-2012, 23:22   #15
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I was also brought to the stand in a murder trial about 18 or so years ago and my testimony helped the prosecution .
So what does it make me?
Well lets see, this incident, and you claim three others, and now witness in a murder trial. I would say that makes you someone who has an awful lot of contact with the police. Far more than the average person.
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Old 12-04-2012, 08:17   #16
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I was also brought to the stand in a murder trial about 18 or so years ago and my testimony helped the prosecution .
So what does it make me?
Either you have the worst luck in the world (unlikely) or there just might be a little more to how you conduct yourself (likely).
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Old 12-05-2012, 14:45   #17
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I have professionals that are working in my best interests in this matter.
I've in the past been part of an Internal Investigation of 3 cops that resulted in some very black marks against them
What L/E agency do you work for? Civilians cannot be "part of" any L/E investigations.

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Old 12-05-2012, 16:17   #18
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I have professionals that are working in my best interests in this matter.
I've in the past been part of an Internal Investigation of 3 cops that resulted in some very black marks against them
HUH?
wouldnt your PROFESSIONALS advise against discussing the CASE on the internet.

Im confused.
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Old 12-02-2012, 08:19   #19
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I was asked if my concealed was loaded. pretty stupid cop and the impending civil rights violation suit will maybe edumacate him
Sounds interesting. Could you share the details with us?

Thanks...
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Old 12-03-2012, 00:36   #20
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Sounds interesting. Could you share the details with us?

Thanks...
stopped for speeding. had one beer right after work. Cop claimed I was drunk. Blood came back .012
Falsely arrested without probable cause, illegal search of my vehicle, confiscation and denial of my 2nd amendment rights.
Cop was so hyped that I had a loaded gun next to me he never made it back to his cruiser to even check my license. The dash board cam shows a confused, insecure cop back pedaling from my truck, stopping at the back and coming back. The video is hilarious and will hang him and his sidekick that showed up.
The verbal on the vid as they illegally went through my truck is even funnier. I smoke cigars and the one cop commented to the other it' smells like weed in here. the gung ho cop is recorded telling his sidekick how he was going to justify stealing my gun.
I love that cops have vid rolling to show how inept they are. I now have my own dashboard cam to record these clowns.
2 days later they setup experimental no cause check points with money they got from the Feds. These are illegal in my state.
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