[bucksnort1959]

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.

[SgtScott31]

Originally Posted by bucksnort1959

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?

[RussP]

Originally Posted by bucksnort1959

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...

[bucksnort1959]

Originally Posted by RussP

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.

[bucksnort1959]

Originally Posted by SgtScott31

. 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

[SgtScott31]

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.

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).

[Bruce M]

Originally Posted by bucksnort1959

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.

Originally Posted by bucksnort1959

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?"

[ca survivor]

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.

[md2lgyk]

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).

[IGotIt]

Originally Posted by ca survivor

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?

[John Rambo]

Originally Posted by bucksnort1959

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?

[SGT HATRED]

Good luck to you buck. I hope you wipe the floor with them...

[John Rambo]

Originally Posted by ca survivor

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.

[faawrenchbndr]

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.

[dpadams6]

Originally Posted by bucksnort1959

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

[cowboywannabe]

Originally Posted by SgtScott31

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....

[seanmac45]

New to the board and exhibiting an unusually high epic fail to reality ratio.

[LawScholar]

Sounds kinda fake :-/ I'd gladly be proven wrong but...yeah

[ca survivor]

Originally Posted by IGotIt

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.

[IndyGunFreak]

I can't believe Russ justified this nonsense with it's own thread.

[RussP]

Originally Posted by ca survivor

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.

Really? 18?

Florida Department of Law Enforcement - How to Become a Certified Officer in Florida

1. Meet the Minimum Qualifications established in Florida Statutes 943.13

Individuals must:

• be at least 19 years of age.

...

Yeah, I know, 18, 19 what's the difference...

[RussP]

Originally Posted by IndyGunFreak

I can't believe Russ justified this nonsense with it's own thread.

Lets see: Violating the law while carrying; interaction with law enforcement during a traffic stop; perceived civil rights violation while carrying; civil rights lawsuit for violation of 2nd Amendment Right.

[Glockdude1]

Originally Posted by seanmac45

New to the board and exhibiting an unusually high epic fail to reality ratio.

[fuzzy03cls]

Sounds like a disgruntled person to me. Own up & identify your mistakes & learn from them. A beer, a car, speeding... lots that could have avoided the whole thing if even true.

Good luck. & yeah stop posting about it.

[RussP]

Originally Posted by ca survivor

I can understand the drivers, but a LEO, I was stop for not doing a complete stop on a Yield off a expressway exit.

Did any other vehicles have to maneuver to avoid you?