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Oregon gun owner flips bird to cop, gets pulled over, claims 2A rights were violated

Discussion in 'General Firearm Discussion' started by explorerimports, Aug 12, 2013.

  1. explorerimports

    explorerimports WA Active Member

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    Power Trip Cop?


    Back in May, Loyd Fery of Stayton, Oregon, was driving his pickup truck down Highway 22 when he noticed a sheriff’s patrol car on the side of the road under a bridge.

    For whatever reason, Fery decided to flip off the officer inside the car as he drove past. It may have been his way of saying, “Hey, bubblegum you, I’m not speeding!,” as Fery claims he was driving 44 miles per hour in what is a 50 miles-per-hour zone.

    Unsurprisingly, the deputy in the patrol car, Marion County Sheriff’s Deputy Ryan Postlewait, a member of the department’s traffic safety team, pursued Fery and pulled him over.
    Marion County Sheriff's Deputy Ryan Postlewait fills out a citation during a traffic stop on Interstate 5 on Monday, March 7, 2011. Dep. Postlewait is a member of the traffic safety team, and had four arrests where the drivers was going over 100 miles per hour in February. Credit: Statesman Journal

    Marion County Sheriff’s Deputy Ryan Postlewait takes pride in two things: being a deputy and that goatee. (Photo credit: Statesman Journal)

    “I drove by the cop going 44 miles per hour. I made an obscene gesture with my hand at the car, and then was pulled over a minute later,” as Fery explained it to the Statesman Journal.

    When Postlewait got out of the car and confronted Fery and his wife, who happened to be sitting in the passenger seat, Fery informed Postlewait that he had a concealed firearm in his driver’s side door along with a valid concealed carry permit.

    According to Fery, Postlewait then drew his gun, told Fery and his wife to put their hands above their heads. He then instructed Fery to get out of the car so he could be searched.

    Following the incident, in which Fery was ultimately cited for speeding, Fery alleged in a formal complaint with the sheriff’s office that Postlewait’s actions were tantamount to harassment and bullying.

    However, the sheriff’s office investigated the matter and found that there was no foul play, that Postlewait’s actions were justified because, as noted in the police report, Postlewait only felt threatened after Fery dropped his firearm to the left side of his body where Postlewait could not see it.

    “The deputy wasn’t wrong in every aspect of this situation, but things could have been taken care of in a different manner,” Marion County Undersheriff Troy Clausen told the Statesman Journal. “In the future, we’ll find a better way to handle things like this.”
    Fery's sign.

    Fery’s sign on his pickup trunk. One could argue that it’s an added blindspot.

    Fery paid his $300 speeding ticket. But is not go to go gently into that good night. Instead, he wants to warn others about his experiences with Deputy Postlewait. To do so, he drives around with a sign on the back of his pickup that reads: “2nd Amendment rights Marion County Sheriffs Traffic Team criminalizes concealed weapons permit rights!”

    “That cop is a hothead, a bully and a liar,” Fery said. “I want people to see that.”

    Asked about how long he plans on leaving the sign up, Fery responded: “I’m going to keep it up for a while. A lot of people have told me that they like it, that it needs to be seen.”

    Undersheriff Clausen seemed fine with Fery’s stunt, noting that the has a First Amendment right to say what he feels.

    “I told Loyd that he has every right in the world to put up the sign and drive it around for as long as he wants,” Clausen told the Statesman Journal.
    Thoughts…

    This is obviously a tough situation to dissect as not all the specifics are known. Yet, one thing is clear: Fery’s an idiot for flipping off the cop. Sorry. That’s a stupid decision that will only invite trouble and unwanted attention from law enforcement.

    As for the sign, well, that’s arguably stupid as well. Fery’s essentially putting a bull’s eye on his back. He’s asking for more trouble.

    Was he mistreated? Maybe. And if he was, he does have a right to publicize his version of the story and alert others about Postlewait, if he is the hothead that Fery claims he is. But, I don’t think putting a sign on his truck is the smartest way to go about doing that. An op-ed in a local paper or publication would be a much more prudent way to voice his grievances.

    In any event, what are your thoughts about this situation?
    Photo of his truck sign click link below.
    Guns.com

    Oregon gun owner flips bird to cop, gets pulled over, claims 2A rights were violated
     
  2. Dunerunner

    Dunerunner You'll Never Know Well-Known Member

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    Sounds like the guy did everything wrong and gave the officer just enough for him to assert a full level of "Right back at ya!"
     
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  3. mrblond

    mrblond Salem OR Well-Known Member

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    kinda like poking a bear with a stick then getting all upset when it bites him.
     
  4. xlsbob

    xlsbob coos county Platinum Supporter Platinum Supporter

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    cause and effect, anybody man enough to antagonize cops shouldnt whine about the results
     
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  5. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    I don't care if he was Mother Theresa. It's rote codified law that if you flip off a cop, you're getting arrested. Period. The herring that he might have been carrying/licensed is about as germane as if he raised chickens.
     
  6. EUGENE the REALTOR

    EUGENE the REALTOR Portland Metro Bronze Vendor Bronze Vendor

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  7. Mac_Fan

    Mac_Fan Beaverton Active Member

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    What's the old saying? "Play stupid games, win stupid prizes ." Oh yeah, and "Don't invite The Man into your life."
     
  8. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    I don't believe anyone over the age of 13 should be flipping the bird in the first place, but if there are those out there daring enough to do it in the police state, I say go for it! Entertaining for sure. I am sure a lot of cops have lost sleep over it - really - because that truly puts a dent in their power trip.

    Me? No thanks. I proactively want them to never be a part of my life as long as humanly possible and pulling some dumb stunt like that is just foolish. The best strategy with cops is to never give them a reason to interface with you, ever, if at all possible. Never call them, never need them. "Don't invite The Man into your life." - you said it brother.
     
  9. BroncoFan

    BroncoFan Eastern Oregon Well-Known Member

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    If only he had a video camera and was open carrying an AR-15. Then he could be standing up for our 1st and 2nd amendment rights....NOT.
    Play stupid games win stupid prizes...
     
  10. Cuthbert Allgood

    Cuthbert Allgood Clark County, WA Well-Known Member

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    2A rights have nothing to do with what he did. He's a moron for claiming those rights of his were violated.
     
  11. wakejoe

    wakejoe Beaverton, OR Well-Known Member

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    Is it illegal to flip off an officer?
     
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  12. Provincial

    Provincial Near Salem, OR Well-Known Member

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    Fery's problem is that he had no proof of his speed. When it is "he said, she said" the cop is assumed by the legal system to be telling the truth.

    Modern autos and light trucks have volumes of information stored in their computers, and that is supposed to include speed/time records. In the right circumstances, that information could be used to refute the officer's testimony. This is one place where the Surveillance State could be beneficial. :laugh:

    Fery was exercising his 1st Amendment rights when he made the hand gesture. By retaliating with the ticket, the officer violated those rights if the ticket was undeserved. If he was indeed speeding, the hand gesture was legally insignificant.

    The 2nd Amendment was insignificant as well, since the officer's handling of the incident was within the grey area of discretion.

    All this could easily could have been avoided if Fery had used a little restraint, but should citizens have to restrain their speech if it is not threatening?
     
  13. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    A vehicle DVR w/ GPS speed/coordinates is the best insurance against a cop writing you a bogus speeding or other infraction ticket (if you are not guilty of course). Cops do it all the time.

    Once a cop wrote me up for careless driving and I did nothing wrong at all. He was a jerk beyond belief. Later that night I noticed someone had taken their finger and wrote a very nasty anti-cop statement on the back of my truck in the dirt.

    Why the idiot cop would have thought I wrote that is beyond me. I took a pic of it, went to court, made the cop look bad; got ticket canceled.
     
  14. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    Once I was signaled by a cop to put on my seatbelt while I was rolling past. My bad.. I always wear my seatbelt. When I gave him a thumbs-up, he did about three cartoonish double-takes to make sure I wasn't birding him. Pretty funny.
     
  15. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Record EVERYTHING.
    Leos are notorious for violating a citizens rights.
    Was this that kind of instance? Perhaps, we'll never know.

    Do I flip the bird, no. But I do give traffic cops a dirty look and a hard time and I most certainly yell:
    "Make that quota"..
    Why? Because they're extortionists to the very definition of the word.
    Incredibly minor traffic violations, most often completely accidental are instantly given a citation (extortion receipt) contributing to the revenue stream to the state and county.


    Secondly, they're all hot heads. They feel like they're doing us a favor, protecting us?.. HA! We need more NIGHT patrols, not daytime suburbia harassment.

    Its all a money scheme and we're almost powerless to stop it.
    A leos actions are somehow justifiably infallible and a citizen is nothing more than an ATM for the FED, state and county.

    I find little honor with suburb firefighters and law enforcement these days.
    There was a time when those were respected positions in society and kids aspired to do right and follow a moral compass like the unshakeable virtues that of an officer.

    Whens the last time a law enforcement officer just said "Hi sir, hows the day treating you?"
    "Can I help you with anything?" "Here let me get that door ma'am".. My point isn't that they should be a doormat, but jesus.. At least be bubbleguming cordial! You're a public servant for bubblegums sake! Owning my own business and being in uniform, Im always as nice as I can be (within reason) one, for potential business purposes but mainly its the right god bubblegum thing to do! Have manors and "be nice until its time to not be nice!"
    (Line from Road House). They're just bullies, armed bullies who can truly ruin your life if THEY'RE having a bad day.. And whats worse, these bastards can get away with it because they've got political ties and a union lawyer team at the ready.
    No apologies, no compensation for damages, nothing but an excuse of the officers actions from a third party.
     
  16. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    Geez, I wonder how you'd train your trunk monkey.

    family_guy_roadhouse.gif
     
  17. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Yes, somewhat to that extent.
    I just liked that line. I feel that it rings true for BIG guys like me. Ill "be nice" to you until you've gone and done something so heinous that its time for me to "not be nice".. And that isnt anything someone should wish for.
    Not saying Im tougher or stronger than anyone else.. But it isn't a good idea to get us big guys to that point.

    Little man complexes need not apply.
     
  18. Mac_Fan

    Mac_Fan Beaverton Active Member

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    You can be cited for "Road Rage" for flipping off anyone from a motor vehicle.
     
  19. 2506

    2506 Seattle Well-Known Member

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  20. John H

    John H Whatcom County Well-Known Member

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    Flipping off a pig has already been detemined to be a First Amendment Right, as long your hand is in the vehicle. If it is extended beyond the window then it can be considered to be aggresive behavior and can be road rage.