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Old July 2, 2014, 11:33 AM   #1
Garycw
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Person exercising his 2nd amendment right sues for false arrest

Follow up story of 3.6 mil lawsuit that payment will be decided today.
This guy knew his rights, the police didn't. Here's a link to story

http://m.whio.com/news/news/advocate...ws-test/nXyH5/
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Old July 2, 2014, 11:56 AM   #2
Glenn E. Meyer
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This is close to a drive by, but I will let it go.

This is my question - why should the guy get so much money if he does win a settlement?

Wouldn't a reprimand of the officer suffice?

You are punishing in the end, the taxpayer. What are the actual damages besides being punitive? We denounce frivolous lawsuits.

If the guy gets the money - if he buys a truck and a boat - is he a good guy?

Give to the NRA-ILA after settling expenses?
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Old July 2, 2014, 12:03 PM   #3
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I don't feel the amount justifies the action. He was released shortly after and his gun returned to him.
This in a relatively high crime area and the police I'm sure we're on high alert for there safety initially.
Even though Ohio is a cc/ OC state I rarely OC. I don't really want the attention.
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Old July 2, 2014, 12:06 PM   #4
JimDandy
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If the guy gets the money - if he buys a truck and a boat - is he a good guy?
Give to the NRA-ILA after settling expenses?
On the one hand, yeah, 3.6 million is probably beyond excessive.

On the other hand, why should he donate it? Had he been a whistleblower and been given a reward for such, doesn't that also penalize the taxpayer? It's the whistleblower's civic duty to report defrauding the government... paying them to do so still takes money out of the taxpayer's pocket.

What he did was philosophically no different than blowing the whistle on the government itself instead of TO the government. I see both sides, but hesitate to say the guy's not a good guy because in this case the government was wrong instead of wronged.
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Old July 2, 2014, 12:08 PM   #5
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I will also add that he had no ID on him which is I think a big red flag to officers. There's a dash can video of arrest on YouTube also. Here's the link

http://youtu.be/siAqelKBUAA
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Old July 2, 2014, 12:12 PM   #6
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I don't think you're required to carry ID everywhere you go in public.
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Old July 2, 2014, 12:17 PM   #7
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I will also add that he had no ID on him
Was that it, or did he just refuse to provide it? It says he initially refused, and then produced it later. While I can't imagine they'd let him run home and pick it up, I suppose someone could have brought it to him after he was arrested.

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I don't think you're required to carry ID everywhere you go in public.
I don't think so either, but there are some places you're required to ID yourself in an interesting catch-22.
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Old July 2, 2014, 12:43 PM   #8
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I would willingly and quickly produce ID to show I had nothing to hide and they in turn had nothing to fear
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Old July 2, 2014, 12:49 PM   #9
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I would willingly and quickly produce ID to show I had nothing to hide and they in turn had nothing to fear
Yes, I sort of feel the same way. I was stopped once leaving a restaurant by two LEOs who asked if I was carrying and wanted to see my ID. I suppose I could have made a seen, but really I just wanted to get away from these two guys and saw no reason to escalate things.
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Old July 2, 2014, 12:52 PM   #10
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I would tell him my name (unless I sensed some reason not to), but that's it. "Quickly producing ID" might be seen as a "furtive movement". I don't want to end up like that dog in Salt Lake City last week. (his name was Geist, look it up) Or like Cory Maye.
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Old July 2, 2014, 01:04 PM   #11
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Watched the video...

I watched the video and it is sad that these officers are so inept especially since they know that the dash cam is rolling. A reprimand would not have pointed out the problem in a public forum and that is what needed to be done so that this does not continue.

You have to remember that these same officers respond to serious calls and if their judgement is so off in this not stressful situation what happens when they are under stress?
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Old July 2, 2014, 01:05 PM   #12
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There are only two instances in Ohio where a person must disclose his/her name.
(A) When lawfully detained for suspicion of criminal activity, and
(B) When a person is a witness to certain crimes.

I think we can rest assured from both the award and the dash camera that neither (A) nor (B) were involved in Mr. Call's detention.
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2921.29 Failure to disclose personal information.
(A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:
(1) The person is committing, has committed, or is about to commit a criminal offense.
(2) The person witnessed any of the following:
(a) An offense of violence that would constitute a felony under the laws of this state;
(b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;
(c) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section;
(d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed.
(B) Whoever violates this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree.

(C) Nothing in this section requires a person to answer any questions beyond that person's name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person's name, address, or date of birth or for refusing to describe the offense observed.

(D) It is not a violation of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the person is suspected of committing
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Old July 2, 2014, 03:00 PM   #13
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On the one hand, yeah, 3.6 million is probably beyond excessive.
Not to his lawyer who is expecting 33%+
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Old July 2, 2014, 03:11 PM   #14
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3.6 million is not that much to these people. A woman was awarded $46 million for being called a 'bitch' by her boss. This man was wrongly jailed.

The 3.6 mil may not just be compensation, but punitive to maybe encourage other LE to be more careful with things like this. Maybe they wont be so quick to arrest another innocent person knowing people will get big payouts if they're wrongly jailed while obeying the law.
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Old July 2, 2014, 03:16 PM   #15
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was he detained or was he processed on the charge?

if he was processed he will now have a CCH, even if the case was dismissed he will have to explain the charge to most future employers, or any application he sends in like a ccw from another state....
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Old July 2, 2014, 03:37 PM   #16
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CCH? I've never heard of that.
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Old July 2, 2014, 04:04 PM   #17
JERRYS.
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computerized criminal history.
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Old July 2, 2014, 04:49 PM   #18
aarondhgraham
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It's the only thing that will stop them.

Quote:
This is my question - why should the guy get so much money if he does win a settlement?
In a sane society he wouldn't get that much,,,
But in our society that is the only way to deter such action in the future.

If enough municipalities have to pay out large monetary judgments,,,
Or if one municipality has to pay several such like that,,,
Perhaps they will stop abusing their authority.

I was taking lunch to my dispatcher wife one evening,,,
I heard the Chief talking to one of his lieutenants:

Quote:
Make up a probable cause and raid the apartment,,,
We'll let the lawyers sort out the details.
This has to stop somewhere,,,
Since no courts will jail the offending agencies,,,
Huge monetary settlements are the only recourse for justice.

Aarond

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Old July 2, 2014, 07:37 PM   #19
Sgt Pepper
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Unfortunately, like this guy, too many 2nd Amendment "exercisers" are (over-)actively looking to prove a point that does not need proving. Seriously, is this guy is some kind of hero? He got cute with the cops and deserves the consequences of his actions. There are legalities and then there are realities. Be smart and not arrogant. Frankly, I'd rather the cops detain one law-abiding smartass than miss the boat on another late night stop-and-rob violent thief. We do not live in a black and white world, especially when it comes to guns. You can be right and foolish all at the same time.
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Old July 2, 2014, 07:48 PM   #20
Spats McGee
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I only watched snippets of the video. I haven't read the complaint. From what I have seen, though, this just isn't a $3.6M case.
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Old July 2, 2014, 08:30 PM   #21
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He got cute with the cops and deserves the consequences of his actions
3.6 million dollars? If you say so.

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You can be right and foolish all at the same time.
You can be wrong, too.

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Old July 2, 2014, 08:31 PM   #22
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It may not be worth the money asked for but the second was being an ass. But if the situation was different and the guy was just some random felon people might think the cop was justified.

Not sure about ccw in his state but if he was ccw in Wisconsin he would need id but I believe open carry in this state doesn't require it.

The question is how do you make open carry look good and not alarm people who hate guns unless there is a badge in view.

Almost wonder if he would have gotten the same response if he was carrying a bluegun?
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Old July 2, 2014, 08:50 PM   #23
4thPoint
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Quote:
Originally Posted by Garycw
I would willingly and quickly produce ID to show I had nothing to hide and they in turn had nothing to fear.
Except, it doesn't work that way. Producing ID does nothing until they get on the radio/MDT and 'run' it. Which leaves a nice record of your interaction... forever. It only tells the nice officer if you already have a warrant for arrest. If not, then it doesn't prove in any way that your current actions are legal.

Answering the officer's questions about your legal conduct when he's looking for illegality just means that Officer Friendly is asking the wrong questions and he needs to look deeper to find the illegality that he's sure exists, otherwise he wouldn't be detaining you, would he?
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Old July 2, 2014, 08:59 PM   #24
4thPoint
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Quote:
Originally Posted by Sgt Pepper
"... He got cute with the cops and deserves the consequences of his actions."
Quote:
Originally Posted by barnbwt
3.6 million dollars? If you say so.
And the award for best burn goes to......Barnbwt!

I'm going to do this in needlepoint and hang it on my wall.
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Old July 2, 2014, 09:06 PM   #25
Ruger480
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I'm going to do this in needlepoint and hang it on my wall.
Wouldn't bulletpoint be more appropriate?
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