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He asked if my concealed was loaded. stupid cop...civil rights suit pending

Discussion in 'Carry Issues' started by bucksnort1959, Dec 2, 2012.

  1. bucksnort1959

    bucksnort1959

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    Apr 29, 2008
    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 a moderator: Dec 3, 2012
  2. SgtScott31

    SgtScott31

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    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?
     

  3. RussP

    RussP Super Moderator Moderator

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    Sounds interesting. Could you share the details with us?

    Thanks...
     
  4. bucksnort1959

    bucksnort1959

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    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.
     
  5. bucksnort1959

    bucksnort1959

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    Apr 29, 2008
    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
     
  6. SgtScott31

    SgtScott31

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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).
     
  7. Bruce M

    Bruce M

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    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.

    What kind of "black marks?"
     
  8. ca survivor

    ca survivor

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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.
     
  9. md2lgyk

    md2lgyk

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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).
     
  10. IGotIt

    IGotIt No Demlibtards

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    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?
     
  11. John Rambo

    John Rambo Raven

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    Hmm...

    I guess we'll wait to read a brief after your court dates, huh?
     
  12. SGT HATRED

    SGT HATRED

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

    John Rambo Raven

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    Well, to be fair it should be written as, "Ceder" in Miami so the locals can understand it.
     
  14. faawrenchbndr

    faawrenchbndr DirtyThirty fan CLM

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    Troy
    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.
     
  15. dpadams6

    dpadams6

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    Not your first "run in" with and civil litigation with the police? Hmmmm
     
  16. cowboywannabe

    cowboywannabe you savvy?

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    youre such a wet blanket on this guy's parade....:rofl:
     
  17. seanmac45

    seanmac45 CLM

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

    LawScholar

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

    ca survivor

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

    IndyGunFreak

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