Privacy guaranteed - Your email is not shared with anyone.

Welcome to Glock Forum at

Why should YOU join our forums?

  • Reason #1
  • Reason #2
  • Reason #3

Site Description

Daytona agrees to pay man $15K for wrongful arrest

Discussion in 'Carry Issues' started by TBO, Feb 21, 2012.

  1. dherloc

    dherloc X-Nuc

    Jan 26, 2009
    Thought it was legal to have a handgun in the car even if you don't have a concealed carry license. If it was loaded and in a glove box, he should have been legal even without it. FL laws are pretty lenient with cars falling under castle doctrine also.

  2. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
    That wasn't the case here. Are you reading that from a source other than the one linked in Post #1?
  3. dherloc

    dherloc X-Nuc

    Jan 26, 2009
    "They also searched his car and found a loaded handgun" - I take this to mean it was inside the car and not on his person...which I believe should still have been legal.

    Quote is from the linked article.
  4. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
    Okay, I see your point. The collateral issues jumped out at me...
  5. Gunnut 45/454

    Gunnut 45/454

    Jun 20, 2002
    Boy those LEo's were not to smart! When they found the guy's CCW it should have ended right there! Oh well be stupid pay stupid fines!:faint:
  6. :wow: Wow, I guess sometimes a person can sue the police for wrongful arrest, and win, and get the chief to say the officers made a mistake, and get one of the officers suspended without pay.
  7. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

    Apr 30, 2005
    Even aside from the fact it is not illegal to have a loaded firearm in your vehicle in FL. WITHOUT a CCW permit. ( though we do not know how the firearm was carried in the vehicle as to whether or not it was indeed legal.)

    They KNEW he had a permit and arrested him anyway. The Chief says there are no extenuating circumstances and no excuse. The officers involved should be fired for making a blatant false arrest.
  8. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
  9. Mayhem like Me

    Mayhem like Me Semper Paratus

    Mar 13, 2001
    Not a chance

    This Exactly,
  10. ZombieKing


    Feb 25, 2009
    I don't understand why he settled. I wouldn't have.
  11. dosei


    Mar 22, 2005
    Upstate SC
    ...graduates of the Danial Harless Training Academy? :dunno:

    The Cheif's got every reason to be rather PO'ed at these two...
    Last edited: Feb 21, 2012
  12. High Altitude

    High Altitude

    Nov 19, 2005
    If you want to stop LEO from breaking the law all you have to do is treat them the same as any other civilian, if not harsher, since they are trained LEO. Once they realize they can face the same consequences as any other person, they will stop.
    Last edited: Feb 21, 2012
  13. TDC20


    Apr 11, 2011
    If you want to end this type of abuse, pass laws that allow lawsuits against the police pensions. Police have "no skin in the game" when it comes to settling lawsuits for malpractice. Open up the pension plans for lawsuits and watch how fast attitudes change and the "blue line" cover-ups cease to exist.

    I have no idea why this man chose to settle for $15K. He must have been in it for the principle of the matter. I would have been seeking 7 figures for impugning my character and potential lost wages for the same, and tack on the rest of the violations from there.

    There's no reason why most cities that are already in budget crises and unable to fully fund pension plans for their workers, should have to pay settlements for a jackass cop purposely harassing someone. Take it out of his pension, then the shenanigans will stop. Take it out of the pension plan, and you create a peer network that will demand professionalism. Until you do that, expect more of the same.
  14. kensteele


    Aug 3, 2003
    Leawood, KS
    A simple goole search shows Bethune-Cookman University is a historically black college, and pretty much all of their students are African-American, a fast fact pdf on their website shows 92% in 2011. Does that help explain things in Daytona, FL...a "suspicious" vehicle in the parking lot?

    Maybe it's his own fault, he never should have allowed a vehicle search (I assuming he did because not too many people understand it's ALWAYS a losing proposition to consent to it).
  15. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
    No, it does not explain anything. I would strongly suggest you research the case and present facts to substantiate your "explanation".

    Absent you discovering any facts directly related to the incident, showing that was a contributing factor, we are not going down that path.
    Perhaps, but he knew he had the permit. One of the officers saw the permit. The investigation should have terminated at that point.
  16. Warp


    Jul 31, 2005
    I would.

    $15k is a lot of money and, more importantly, the chief admitted the officers made a mistake and the arrest should not have happened.

    ""We screwed up," Chitwood said. "I don't know what they were thinking. There's no excuse for what they did. ... The officers involved knew better. That's the most disappointing thing."

    One of the officers involved was suspended without pay, the chief said. "
  17. Mr. Blandings

    Mr. Blandings

    Jun 20, 2001
    Also, Florida law holds that if one side (the city) offers to settle and the other side (the plaintiff) refuses that the subsequent jury award must be a certain percentage of the settlement offer or greater otherwise the plaintiff is liable for court costs and attorney fees for the "losing" side.

    Here's a recent news story on just such a case involving a lawsuit against an "at fault" law enforcement agency: No clowning around: St. Pete man wins in court, but owes city $23k.
  18. Bruce M

    Bruce M

    Jan 3, 2010
    S FL
    It would be interesting to see what settlements or judgements in other similar cases are. My guess is that the payout for false arrest may not be as high as some might think.
  19. Jon_R


    May 3, 2009
    Central Florida
    I like Chief Chitwood. He is a good guy.

    Some other info from him.

    A homeowner held a bad guy at gun point in her back yard that was fleeing police.

    “Police Chief Mike Chitwood said he doesn’t encourage vigilante justice but said people have the right to protect themselves or their property. ’They’re fed up with everything,’ he said. ‘People have to do what they have to do.’”

    Different Incident. Home owner shot a guy through his back door that was wearing a ski mask. In FL BTW.

    “The 82-year-old resident did something that the criminal justice system couldn’t do,” said Mike Chitwood, the chief of Daytona Beach police. “And that’s put this burglar out of business this morning.”

    For the OP no idea what they were thinking it is so easy for someone without a permit to legally transport a loaded gun in their car in FL. With a permit it is pretty hard to come up with a way to do it that is not legal.