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Discussion in 'Carry Issues' started by TBO, Feb 21, 2012.
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.
That wasn't the case here. Are you reading that from a source other than the one linked in Post #1?
"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.
Okay, I see your point. The collateral issues jumped out at me...
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!
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.
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.
I don't understand why he settled. I wouldn't have.
...graduates of the Danial Harless Training Academy?
The Cheif's got every reason to be rather PO'ed at these two...
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.
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.
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).
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.
$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. "
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.
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.
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 doesnt encourage vigilante justice but said people have the right to protect themselves or their property. Theyre 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 couldnt do, said Mike Chitwood, the chief of Daytona Beach police. And thats 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.