NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: dbleess on July 21, 2011, 06:55:02 PM
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The link provided is a way over the top caricature of a situation I was in with Sarpy Co sheriff recently.
Officers lied to my face about a law and were reluctant in investigating the situation to my defense. They were more interested in intimidating me into a confession than determining what happened and why.
I hadn't even started carrying yet but the flag on my license got me treated with thinly veiled contempt, disrespect, and overreaction.
It can happen on many levels so be wary.
http://www.theblaze.com/stories/you-fu-with-me-cop-threatens-concealed-carry-gun-owner-during-traffic-stop/ (http://www.theblaze.com/stories/you-fu-with-me-cop-threatens-concealed-carry-gun-owner-during-traffic-stop/)
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Not sure if this has been posted yet, apologies if it has. This has been going around for a few days and some major heat generated.
Dash Cam: Canton PD "Notification" Arrest & Officer Goes Berserk / Threatens (http://www.youtube.com/watch?v=kassP7zI0qc#ws)
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More information:
http://www.cantonrep.com/carousel/x121489646/Canton-officer-under-investigation-after-concealed-carry-arrest?photo=0 (http://www.cantonrep.com/carousel/x121489646/Canton-officer-under-investigation-after-concealed-carry-arrest?photo=0)
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I watched this video this morning. After lunch today I was pulled over by a state trooper on Highway 370 near the new ballpark (Omaha area)...
Luckily, my experience was much better. He was very professional, gave me a fix-it ticket, and stood around talking about carry guns for a few minutes.
/rl
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The video is shocking. I’d hate to be one of the outliers who end up dealing with an aggravated officer such as this. It seems that we haven’t had to deal with an incident similar to this one, yet. (Please correct me if I’m wrong)
Setting aside all of the oddities of the situation, no one deserves that kind of treatment.
It is always nice to hear the LEOs rejecting the actions of officers such as this one.
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http://www.theblaze.com/stories/you-fu-with-me-cop-threatens-concealed-carry-gun-owner-during-traffic-stop/ (http://www.theblaze.com/stories/you-fu-with-me-cop-threatens-concealed-carry-gun-owner-during-traffic-stop/)
I had heard about this a few days ago but I seriously can't believe it actually happened..
What do you guys think? What would you do in that situation? I would have to fight extremely hard not to get very angry. I think the only thing keeping my anger in check would be the legal repercussions. I'd also eventually just yell that I have a CCW and have a concealed gun on me.
There's a reason it's required by law to tell the officer... So stuff like this doesn't happen.
This cop is just a bad cop. :(
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Oh man, I just posted this in General Firearms Discussion.
This would make me so angry... The cop is obviously a very bad cop. The man is simply trying to follow the law and inform him that he has a concealed handgun and the cop won't let him. It's ridiculous.
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It's no wonder so many people have such disdain for law enforcement. One idiot on a power trip can ruin the reputation of so many. It seems to be happening more and more often.
CB
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It's true. Canton OH police officer
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From my perspective of the video the Officers should have removed the driver from the car before searching it. They seemed to be more worried about finding out something to pin on the other two that they were ignoring the driver. If they would have detained all three people at the beginning of the car stop then this may not have turned out the way it did. Not to mention that they officer searching the back seat was he himself in violation of the law for not asking permission to search the car in the first place. Just because they think they have arrested a person before does not give them the right to search. Hopefully this video will be admitted into evidence on behalf of the driver.
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Canton’s internal affairs unit has investigated 16 complaints involving Harless dating back to 2000.
He was reprimanded in one 2003 case. Harless and another officer were exonerated of using excessive force, but were given a letter of reprimand for not activating the in-car video camera at the scene per department policy.
This guy is a walking time bomb and should be removed from law enforcement. He is dangerous.
Harless, a 14-year department veteran, is under investigation, and was placed on paid administrative leave June 20, according to his personnel file.
He has been on sick leave since Monday, and the results of the internal affairs investigation will be presented at a disciplinary hearing, the chief said.
With this video as proof he should be fired immediately, no paid leave, no sick leave.
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I am going to merge all the threads on this topic
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I have to admit, I think about how to handle this type of encounter every time I leave the house while carrying. What I would do, how they will respond, etc. But I have never imagined a response from a LEO like that.
That video concerns me a great deal, scares me a bit (not something I admit very easy). I have heard that some Omaha officers have had reactions similar if somewhat more restrained than the one in the video. But my interactions with local Bellevue PD have to date been totally the opposite of what we see from Canton. A polite "Thank you" and on with business.
We have our own "duty to notify" clause here, and I have heard (here I believe) that handing the officer your permit along with your drivers license is not enough, you must verbally notify them. I really dont have a problem with that, I personally like and respect cops, and if it makes them more comfortable then I'll be glad to tell them all about my carry. But if one talks after being ordered to "shut up", isnt that refusing to obey a lawful order, and thereby you find yourself between a rock and a hard place? I dont have an answer.
I feel sorry for the driver of the car, he was scared out of his mind, that was obvious. But he kept it polite and reasonable even in the face of such a threatening manner by the officer. I hope I can keep that kind of composure if I am ever faced with a situation like that.
Ron
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It's an entirely unfortunate situation all the way around. Frankly, I think the LEO in question is wound a bit too tight for the job and needs to go. His days in law enforcement are over as far as I'm concerned.
I would hope I could maintain my cool in such a situation and just smile inwardly, knowing I would soon own half of whatever city the overheated LEO worked in. The more he threatened and screamed the more I'd sue.
I also would like to think I'd be a little more insistent in announcing my status, despite being told to "shut up." I'm not sure why he didn't tell attempt to inform the officer, the sane officer, who was searching the back seat at the time. Maybe he did and we couldn't hear it?
"Officer, I am a permit holder and I am carrying."
The driver did exercise poor judgment IMHO by being in a not-so-nice neighborhood at that time of night but that in no way excuses the behavior of the officer.
My encounters with NE LEO's thus far have been good and I have no reason to expect otherwise. I know a tiny percentage of local LEO's here locally have been much less than professional online but still I expect they would behave rationally live and in person.
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From reading some of the thread on the ohio site, their issue is that some LEOs are using the wording of Ohio's notification requirement to manipulate situations... like telling this driver to not speak, then saying they didn't notify immediately. They guy has his permit in his hand and seems to attempt to notify the officers a couple of times. I think this is nearly worst-case scenario.... the only way it could be worse is if the cop actually followed through on his threats.
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From reading some of the thread on the ohio site, their issue is that some LEOs are using the wording of Ohio's notification requirement to manipulate situations... like telling this driver to not speak, then saying they didn't notify immediately. They guy has his permit in his hand and seems to attempt to notify the officers a couple of times. I think this is nearly worst-case scenario.... the only way it could be worse is if the cop actually followed through on his threats.
My idea of a worst case scenario: having this happen without a dash camera or microphone. This guy would have been sliced and diced by their legal system and their local rights along with him.
The storywould have read “police veterans were placed in extreme danger by negligent, derelict with a concealed carry permit.”
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I also would like to think I'd be a little more insistent in announcing my status, despite being told to "shut up." I'm not sure why he didn't tell attempt to inform the officer, the sane officer, who was searching the back seat at the time. Maybe he did and we couldn't hear it?
"Officer, I am a permit holder and I am carrying."
Exactly what I was thinking.....
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There is absolutely no excuse for this Officer's behavior......... He better be fired, the permit holder not charged with anything, and the permit holder better file a nice suit against the Officer and Dept.
As a CHP holder, what could this guy have done different to avoid this situation?????? Don't park your car in the street and associate with a prostitute.........
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I've read the prosecutor wants to dismiss all charges in exchange for the permit holder not suing. They've declined that offer :D and are going forward with a lawsuit.
In the stuff I read, he reportedly did try to inform the officer that was searching the car and was told to be quiet. He had the permit in his hand most of the time, heck even after the crazy dude went ballistic he still never took the permit from him! He was searching through the guys stuff on the trunk of the car and couldn't find the permit because he never took it from the holder.
Thank goodness for dash cameras.
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Shouldn't a second audio file exist for the second officer? Don't they both have microphones?
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This is insane :o If ever in a situation like that I would have just talked over him saying I had the permit and then plead the 5th and said nothing at all.
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I add my opinion to the consensus: this situation was completely avoidable and the officers own fault. Cops have a tough, tough job but that doesn't excuse threats & intimidation to make up for mishandling the whole process.
As an aside, allow me to preach to the choir for a moment when I take exception to his statement "that's how cops get killed". No, it is not. Cops get killed by criminals committing criminal acts. Armed citizens are not a danger to cops or anyone else (except said criminals & sadly occasionally themselves if they are negligent). They are the solution not the problem. I am willing to bet that many more injuries and deaths occur from LEO accidental (negligent) discharges then from CCW holders, even on a percentage basis.
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Lest you think the officer in question was just having one bad day...
http://www.cantonrep.com/video/x1704353901/Harless-behaving-badly-again (http://www.cantonrep.com/video/x1704353901/Harless-behaving-badly-again)
You'll hear a lot of familiar language if you watched the other video.
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I see a pattern developing here.
Should be an open and shut case. He should have been fired long ago.
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Amazing...and this was last year!!! Can you imagine a PD attorney trying to defend this gonzo if he would have shot someone or were to shoot someone?
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An update on this case in Ohio, The Judge through the Charge out.
http://www.cantonrep.com/carousel/x76455408/Citizen-in-Harless-video-gets-his-day-in-court (http://www.cantonrep.com/carousel/x76455408/Citizen-in-Harless-video-gets-his-day-in-court)
I know it is an old thread but this ruling just happened this week.
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The right verdict in a ridiculous case. Glad to see his legal troubles are over.
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Thanks for the update. Too many of these stories never get revisited by the media.