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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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Originally Posted by bucksnort1959 View Post
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 12-02-2012, 08:19   #3
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Originally Posted by bucksnort1959 View Post
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   #4
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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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Old 12-03-2012, 00:43   #5
bucksnort1959
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Originally Posted by SgtScott31 View Post
. 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   #6
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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.

Quote:
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, 07:02   #7
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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.

Quote:
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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   #8
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Here in Miami we have these fresh out of High School, 18 year old cops, who don't even know what a Yield sign stands for....good luck to you.
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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, 07:32   #10
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Here in Miami we have these fresh out of High School, 18 year old cops, who don't even know what a Yield sign stands for....good luck to you.
After driving for years in Florida, I think there are only a handful of drivers who know what the yield signs mean...


Back to the topic; OP what is an "experimental no cause check point?
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Old 12-03-2012, 07:32   #11
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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.
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.
Hmm...

I guess we'll wait to read a brief after your court dates, huh?
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Old 12-03-2012, 07:36   #12
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Good luck to you buck. I hope you wipe the floor with them...
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Old 12-03-2012, 07:39   #13
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Here in Miami we have these fresh out of High School, 18 year old cops, who don't even know what a Yield sign stands for....good luck to you.
Well, to be fair it should be written as, "Ceder" in Miami so the locals can understand it.
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Old 12-03-2012, 07:41   #14
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Very BAD idea to be discussing this "legal" matter here!
Do yourself a favor & let the lawyers handle this, keep your
comments off the WWW, the defense team WILL find this.
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Old 12-03-2012, 07:45   #15
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Originally Posted by bucksnort1959 View Post
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, 07:46   #16
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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).
youre such a wet blanket on this guy's parade....
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Old 12-03-2012, 07:58   #17
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New to the board and exhibiting an unusually high epic fail to reality ratio.
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Old 12-03-2012, 08:18   #18
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Sounds kinda fake :-/ I'd gladly be proven wrong but...yeah
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Old 12-03-2012, 08:38   #19
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Originally Posted by IGotIt View Post
After driving for years in Florida, I think there are only a handful of drivers who know what the yield signs mean...


Back to the topic; OP what is an "experimental no cause check point?
I can understand the drivers, but a LEO, I was stop for not doing a complete stop on a Yield off a expressway exit.
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Old 12-03-2012, 08:48   #20
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I can't believe Russ justified this nonsense with it's own thread.
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