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April 15, 2013, 08:29 AM | #1 |
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Army sergeant arrested for legal possession of a firearm
I would never have expected this to happen in a rural part of my home state - this is something you would not be surprised to see in, say Travis (Austin), Harris (Houston) or Dallas counties, but an Army sergeant was recently arrested near Temple, TX (near Fort Hood). What initiated the arrest was his open (and legal) carrying of a long gun (M-4 style semiautomatic rifle), in a manner the arresting officer found "rude".
Here is a link to the article: http://radio.foxnews.com/toddstarnes...ing-rifle.html Not only do the arresting officers violate HIS rights, but according to the quotes provided and attributed to his son, they questioned his son illegally without the presence or permission of either parent. By way of background, it is legal to openly carry a longarm in Texas. No permit is required. Watch the videos. The officers' combined ignorance of Texas firearms laws is appalling. I hope this sergeant sues them and the Temple PD for this egregious violation of his (and his son's) rights. |
April 15, 2013, 09:43 AM | #2 |
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I watched the videos and was disturbed to say the least. I will be very interested to watch the litigation play out on this one.
How is the arresting officer going to explain his reason to the court?
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April 15, 2013, 10:04 AM | #3 |
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Master Sgt. Grisham does have questionable motives.
He and another military journalist have been at each other for years. Here is a link to Mike Yon's latest post on this subject. [Link deleted] Only for perspective. [Moderator note - the link supplied above was listed by many internet security sites and services as a malware site. I had to remove it. - Mal H]
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Go Pokes! Go Rams! Last edited by Mal H; April 15, 2013 at 12:39 PM. Reason: Removed malware link |
April 15, 2013, 10:15 AM | #4 | |
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Quote:
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April 15, 2013, 10:22 AM | #5 | |
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Csmsss,
True. Just pointing out that sometimes things aren't always as they seem. But, your statement Quote:
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April 15, 2013, 10:26 AM | #6 | |
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Email the mayor and the police department
I did; the addresses are: [email protected] and [email protected]
This is what I sent: Quote:
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April 15, 2013, 10:56 AM | #7 |
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His motives don't matter. Just because he's a Constitutionalist and would rather go for the "hard right" rather than the "easy wrong" has no bearing whatsoever. He was arrested, put in jail, and charged with a crime for committing no crime whatsoever. That video is very telling. Nothing he did could ever be construed as resisting arrest or even interfering with an Officer. This is wrong on so many levels.
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April 15, 2013, 11:52 AM | #8 |
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MLeake,
I followed your lead on this one. This was just blatant! Letter sent! David
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April 15, 2013, 12:05 PM | #9 |
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I don't see where Mike Yon gets off saying that the Army should go after MSG Grisham. Of course, I feel like Mr. Yon lost a lot of credibility when he started rambing about SGT Tillman and SPC Lynch. Heroism, and medals for, don't have to be the stuff of Audie Murhpy and Alvin York.
To me, this doesn't seem like a case of an open carry activist trying to get attention, but a case of a gun shy neighbor and an overly pious cop.
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April 15, 2013, 12:14 PM | #10 |
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What amazes me is the fact that the officers continued to let the son video tape the event. In Austin TX (just down the road from Temple), when someone starts videoing or picture taking at an incident they make them stop, move back 100 feet & if they refuse, they are arrested. Not sure what the charge is - I guess "interference".
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April 15, 2013, 12:19 PM | #11 |
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Just a heads-up: when I go to the Michael Yon page, I get a warning from Google safe browsing that it poses a malware risk.
Edit: Link deleted -- it comes up on several security sites, as Mal noted.
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Never let anything mechanical know you're in a hurry. Last edited by Evan Thomas; April 15, 2013 at 01:09 PM. |
April 15, 2013, 12:23 PM | #12 |
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You need not look at the victim you need to look at the crime.
As soon as they can illegally arrest and jail people in the "tin foil hat" crowd , how long will it be before they can do it to anyone? We started down that road with indefinite detention of American citizens in Gitmo after 9/11 now we are starting to see fruits as the tentacles of government start to further choke off our rights as American citizens. The law is the law and if this man was not breaking any laws I don't care how "rude" he was they have no right to arrest him. I wouldn't have a problem if he resisted the illegal arrest/detention. If we don't stick up for our rights, for open and concealed carriers who are illegally detained and arrested it won't be too long before the "jack booted thugs" start kicking in doors to confiscate firearms. This brings to mind I think it was Indiana or Alabama, didn't one of them try to pass a law allowing people to use force when resisting an unlawful arrest?
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April 15, 2013, 12:25 PM | #13 | |
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Quote:
Anyway, in Texas, they can ask you to stop, but they can't force you. |
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April 15, 2013, 12:26 PM | #14 |
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Funny, but if somebody puts the focus on the rape victim, society gets quite upset.
Yet that same society immediately looks for ulterior motives on the open carrier's part, when he gets harassed by LE. |
April 15, 2013, 12:57 PM | #15 |
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Vanya,
Hmm? Never had that before. Yon's sight has always been A+. He has been embedded with US and Coalition forces for years of both AFG and Iraq wars. Seems strange. Anyway, I am not on either side of the Grisham v. Yon war of words and threats, as I have followed both Yon's and Grisham's blogs during their time in conflict areas. I do think it important to get all perspectives and info before choosing someone and their legal problems to be a living symbol of our 2nd amendment fight. Some are more deserving than others. We must vet the causes we embrace. ETA: I will not provide links to Yon's or Grisham's sites, as both Vanya and Mal H. report they are being IDed as having malware. But I will attest to the fact that I was just on both and they are clean according to my TREND software. Those interested can Google them.
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Go Pokes! Go Rams! Last edited by Wyoredman; April 15, 2013 at 01:16 PM. |
April 15, 2013, 01:04 PM | #16 |
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Wyoredman, sometimes you may be right.
The thing is, when misconduct is blatant, it doesn't really matter whether I like or agree with the recipient of the misconduct. The officer's refusal to let the 15 year old out of the car until he answered all questions was, IMO, serious misconduct. Had he tried that with me, I (as an adult) would ask if I were under arrest. If not, then under what basis could he justify extending detention? If so, then I'd like to call my lawyer, thanks. Most 15 year olds don't know to do that; I'd like to think most LEOs would not bully a 15 year old. |
April 15, 2013, 01:18 PM | #17 |
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I am not surprised, not for an anti gun type reason though. It has been a time honored traditional common complaint that the local constabulary near major bases will roust military personnel off base.
EDIT: again, thats a complaint. I'm not saying its actually the case. Last edited by zincwarrior; April 15, 2013 at 01:25 PM. |
April 15, 2013, 01:21 PM | #18 | |
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April 15, 2013, 01:23 PM | #19 | |
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The questioning of a child without a parent or child advocate is highly distasteful however. |
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April 15, 2013, 01:24 PM | #20 |
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This is a good point. Considering Killeen is rural as heck, you'd expect to see hunters about.
I don't get it either. Last edited by zincwarrior; April 15, 2013 at 01:42 PM. |
April 15, 2013, 01:38 PM | #21 |
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Military or not is irrelevant to the lawfulness of the officer's actions.
But if the military wanted to prosecute him, then his motive is relevant. Trying to provoke a confrontation with police may be service discrediting conduct in violation of Article 134. I could see at most a reprimand if his intent was to have such an altercation. Conduct while perfectly legal in the civillian community may none the less offend a provision of regulation or the ucmj. Even if punished the officer had no authority to enforce provisions of the ucmj and therefore he can't use military crimes to justify his actions. |
April 15, 2013, 01:47 PM | #22 | |
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April 15, 2013, 01:58 PM | #23 |
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I don't know about it being illegal to question the child, though anything they gained from the child may have become inadmissible.
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April 15, 2013, 02:02 PM | #24 | |
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According to this (admittedly not exactly a SCOTUS ruling), it is permissible but there are boundaries.
http://wiki.answers.com/Q/Is_it_lega...hile_in_school Quote:
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April 15, 2013, 02:04 PM | #25 | |
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Here's an excerpt from the initial post where the questioning of his son is discussed:
Quote:
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