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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. BicycleDay43

    BicycleDay43 00 Buck dude

    Feb 4, 2007
    Oak Grove, Kentucky
    An individual must be 21 years of age to be hired as an LEO for most agencies. (For dealing with handguns, alcohol). Not sure if you're being sarcastic or just full of it. :wavey:
  2. RussP

    RussP Super Moderator Moderator

    Jan 23, 2003
    Central Virginia
    As someone said earlier, so you can say, "Well, I didn't do anything different than what others do."
    On advice of your attorney?
    I must have missed them. What questions did you directly answer?
    What you want is an interpretation of the law and a definition within the law. The law is clear. The definition of "under the influence", however, requires more information to determine whether the facts of the case meet the burden of proof. It isn't a number. It says, " consuming an amount of alcohol to cause the person to be less able to exercise clear judgment..." It does not quantify the "amount of alcohol".
    Anyone else's behavior is immaterial and irrelevant.

  3. SpringerTGO


    Jul 30, 2011
    Just because people condemning your actions and attitude might have had a drink and driven doesn't change a thing. You got caught. If I get pulled over after having a drink, it will be my fault and not the officers. Just like if I have a weapon at the time. It's not the officers fault that you took a chance and blew it. A major part of his job is keeping impaired drivers off the road, but I doubt he enjoys that part of it.
    Last edited: Dec 7, 2012
  4. Bruce M

    Bruce M

    Jan 3, 2010
    S FL

    I guess I missed it. But I do not seem to understand exactly what charges were filed and whether there was an acquital or a finding of guilt. Could someone point me to the answers to this?
    Last edited: Dec 7, 2012
  5. jdavionic

    jdavionic NRA Member

    May 1, 2008
    "the names" started with your very first post, continues throughout, and yet you have the audacity to be offended & surprised. I'm pretty sure there's a life lesson that's not buried too deep for you there.

    Last edited: Dec 8, 2012
  6. AZson


    Oct 5, 2005
    Good luck I hope you win.
  7. If you had a jury trial, op, how many years were you facing? Life is a battle and we are just like animals fighting for survival each and every day.
  8. SgtScott31


    Jan 17, 2011
    Let's not forget the completely different standard between criminal trial & a civil rights action against a LEO and/or the agency. If the officers acted reasonably in the arrest, there's no chance a civil suit will make it past summary judgment. From the fact patterns given by the OP, I don't see any $$$ in his future; or even any disciplinary action against the involved officers. Frankly it will probably cost him far more money retaining the attorneys who will even consider filing an action.
  9. I agree and I see a total waste of time and energy on his part unless there is something we don't know about.
  10. USMCsilver

    USMCsilver Boat Life ©

    Oct 8, 2001
    Middle of SC

    Sent from my SCH-I800 using Tapatalk 2
  11. Jgriggs


    Oct 20, 2012
    Washington State
    19.5 in WA state.
  12. golls17

    golls17 Lifetime Newbie

    Feb 3, 2009

    Put a few qualifiers in red.

    It's moot, anyways. We're not the ones who are trying to defend ourselves, online or in court.
  13. turrican


    Mar 1, 2004
    Mesa AZ
    Nice to see some degree of common sense still exists on gun forums.
  14. Ryobi

    Ryobi SummertimeRules

    May 10, 2002
    You are a poster child for anti ccw groups.
  15. Lady Glock

    Lady Glock

    May 4, 2008
    I don't have anything to add that isn't already here, but I want to know the outcome, so ....I post :)
  16. RussP

    RussP Super Moderator Moderator

    Jan 23, 2003
    Central Virginia
    This is how the law actually reads relating to your second question:
    Your first question is related to this:
    Now we have the definition of "under the influence" found here,WISCONSIN’S NEW CARRYING CONCEALED WEAPON LAW QUESTIONS AND ANSWERS AUGUST 2, 2011, at Page 30 under the heading, "Can I carry a firearm, concealed or open, in a tavern?"

    That document appears to be where bucksnort1959 found his "Jury Instruction".
    Probably, bucksnort1959 was never charged with carrying under the influence. He was, probably, arrested based on the officer's suspicion that he was under the influence, but he was never charged.

    It was perhaps that suspicion and the resulting arrest that triggered the search of his vehicle. That is, maybe, his complaint in his 42 USC § 1983 action.

    He probably alleges that with a BAC of 0.012, he exhibited no physical characteristics of being under the influence. He allegedly has a police dash cam video of the stop. That should show him exiting his vehicle, being handcuffed, and walking back to the police vehicle. The audio would disclose his speech pattern. If all that is normal...

    If the arrest was based solely on the smell of alcohol on his breath, without any other articulable evidence of impairment, the arrest may be declared illegal. Then, he may allege, the resulting search of his vehicle and the seizure of his weapon may be violations of his Rights.

    bucksnort1959, is that pretty much how things are?
  17. Russ, that sounds like the only way it could happen that his rights were violated under color of law. I would like to see the beginning of the tape to see if it shows the traffic infraction that caused the leo to make the stop.

    Is this guy really from Wisconsin and do you guys think he is 53?

    Friday, Sept. 211:26 a.m. — A 34-year-old Onalaska man was arrested on the 600 block of 12th Avenue North for drunken driving (BAC .012).

    If it is Wisconsin and real I believe we can find it on a public search.
    Last edited: Dec 8, 2012
  18. Glockdude1

    Glockdude1 Federal Member CLM

    May 24, 2000
    Is your other screen name Coleslaw by chance??

  19. Jgriggs


    Oct 20, 2012
    Washington State
    I'd like to know if he came off as argumentative, belligerent, and uncooperative during that stop as he has here. I'd like to know if he opted for a BAC test in lieu of a field sobriety. I wonder if that might not be the "arrest" he's talking about.
  20. Shinytop


    Sep 5, 2012
    If his responses here are any indication the he probably did not answer the questions or asked his own out of nowhere questions.

    LEO: Do you why I stopped you?

    BS: What percentage of bowlers have picked up a 7-10 split?

    LEO: Have you been drinking?

    BS: Have you ever had a drink for 4 nights in a row and then skipped drinking for two nights?