Discussion in 'Legal & Political Archive' started by FA9, Jul 7, 2014.
I think people who open carry rifles are idiots, but that aside hows the cops attitude?
Edited cuz sometimes saying nothing is better.
I wonder what direction he was supposed to leave... It seems that the order "Do not walk toward me with that weapon" goated the arrested into committing trespass. That is assuming that the sidewalk is considered private property.
The officers actions leave much to be desired. Specifically, their inconsistency in instructions. In the first half you see the first officer asking the questions telling the guy he may put his hands down when the Hernandez chick (that clearly should not be able to hold a firearm) answers "no" to his question asking if he can put his hands down.
Then the second half when he is arrested: he is seemingly told he may not exit the premise with his firearm because he can't go in three of the directions available. Then of course the see the same Hernandez chick being "Johny on the spot" wanting to put him in cuffs.
It was clearly over reactions by the officers. A good officer wouldn't even have ran the gun. A mere presence of a firearm does NOT constitute reasonable suspicion that the gun is stolen. I would think you would have a hard time arguing that it is reasonable to assume any weapon is stolen merely because it is visible.
As for the guys actions, I'm not going to comment on those. I have a less conventional view on OC than most of the people on this forum.
they have too much time in their hands.
tired of seeing people whoring out open carry right and make huge big deal out it.
I didn't see any rude cops in this video.
Take a sec to re-read and edit your posts...
They will make a little more sence and probably make you sound as intelligent as you most likely are.
Without addressing the start of the video I am curious how he was supposed to leave the area. Sitting unstressed in my living room I was confused as to where to go to leave the area. I would appreciate a LEO perspective on this. Arguably the sidewalk is public property, so I am not sure how the charge of trespass is supposed to fit. Also not sure of the officer demanding the guy not walk towards (parallel to) the police car with the rifle slung. Seems in part that the officers were trying to set up a no win scenario to get this guy for something.
He is probably lucky they didn't empty their weapons into him, reload and repeat and then claim he threatened them . . .
This was really close. Po over-reacted but made their point. They were ready to dust you, Dude. Appreciate your commitment....but ....you might wanna check that death-wish thing....just sayin'...
Let's discuss the legal outcome of this trial...
Has anyone seen this video? It is of a Vancouver man open carrying an AR in Vancouver, WA. The way he was treated by VPD is downright despicable, even if you're not the biggest fan of open carry. Just watch it and see for yourself. It happened on 6/29/2014. He was just found guilty of "intimidation" which is something he wasn't arrested for at the time. Intimidation in WA is an action, and all of the case's witnesses said that he wasn't acting threatening, but that the intimidation came from his possession of a rifle... huh? That sounds like a de facto open carry ban in WA to me...
Here's the video:
Here's the "victim's" podcast following his conviction:
You didn't happen to see the post right before yours?
Cops seemed out of line to me. Almost like they were giving him conflicting orders. Then emptying his mag. I would like to hear an update on his charges. This happened little over a year ago, so I wonder if charges stuck.
lol not right before mine a bit more down though I was going by the titles and figured someone would emphasize this being Vancouver PD, a local department... but I'd like to emphasize the trial outcome because that is where "justice" really becomes perverted.
This is why I support Adam Kokesh...
You have a link to the outcome? I personally don't agree with open carrying AR's. With that being said he didn't break any laws, and his rights seem to have been violated.
Well, I'm not going to condemn the contact he initially received from the PD, BUT they went way over board.
I can see that they might STREEEETCH a trespassing charge since he walked back onto the parking lot after I supposed they told him to leave the property...but really? And Hernandez? Come on now...
I've added it to the OP
Wow found guilty. Very wrong.
I think carrying a ar-15 openly is asking for it (that was his point I'm sure) as I would be the police were concerned with a man walking down the street with a ar-15. The officers let him go in the first place but he kept going back for more. He could have walked away and went to his car after they were gone or walked around. Anyway I don't believe he committed a crime other then trespassing, and maybe disturbing the peace. Ps I understand intimidation is an action however I'd feel uncomfortable if a guy was cruising the Freddy's parking lot with an ar on his back
Watch the video again. He tried to leave, but the cops got in his way and wouldn't let him "walk towards them." He then tried to go to his car, but was denied that. Then he went another way and was arrested. "Asking for it" has never been a justification for a crime. Short skirts, twerking, and slutty behavior doesn't make a rape victim "in the wrong."
Well that is messed up. I was not sure the trespassing charge would have stuck given that he was on a public sidewalk when he was arrested. Intimidation? Way to split the regulatory hairs on that one. However I am stuck on the idea of "intent to intimidate"
If I have the right one, the RCW that seems to come into play is RCW 9.41.270, which states in pertinent part
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons. (emphasis added)
Seeing the first video last night, I am wondering where he manifested the intent to intimidate. Seems he will have lost his CPL (if he had one) at the very least because of it.
Interesting I would like to see how they arrived at that charge and conviction. Can't watch the video right now, but will watch later when I get home.
If your going to risk something like that to make a statement or excersise your rights - have a good lawyer on retainer...
I am anti cop.......& this is all wrong......... that being said
he was looking for a reaction & he got it, no sympathy here......
& to put a positive spin on this maybe these clowns hurting our hobby with their macho tough guy posturing to make a point in public will think twice before walking around with an AR scaring the public
given the political climate....If I see some clown IN PUBLIC with an AR.....
MY HAND IS ON MY PISTOL....ISNT YOURS?
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