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Second time open carrying- ARRESTED!!!

peterarthur

Regular Member
Joined
May 28, 2010
Messages
613
Location
Phoenix, AZ
http://thenewspaper.com/news/19/1967.asp

Trust me, an overwhelming majority of officers in the area know who I am. In the current thread going on about me on the County Police forum:
http://members5.boardhost.com/COUNTYBROWN/msg/1301092105.html

"...Do not misunderstand me. I am not defending this clown or others like him. I just want us to put him in his place legally, not clutching at straws that will break under the pressure and making him look good, and us bad, in the eyes of the media. Let's find a charge that will hold up and arrest him for that charge."

Why? Because I want to exercise my rights? The worst thing I have even been convicted of is a speeding ticket and that will hopefully be overturned by the judges in the Court of Appeals soon. Are there not enough criminals to go after that they instead have to show me who's boss?

Ya know, your jailhouse comments were pretty dumb but after reading this http://thenewspaper.com/news/15/1522.asp
and some other stuff, I would have a pretty crappy attitude too. The problem is you need to know when to be quiet and what not to say and just let the officers do all the dumb stuff. After all, they do it often enough... and it is evident from reading the posts on both the OC and LEO forums who is actually dangerous to society. Why do LEO's say that nonsense??
 
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Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
The LEOs actions during the initial stop and questioning may be questionable but apparently the caller sounded panicked and the store owners did not want to approach him. Although it may not seem fair, a bunch of people freaking out within a private property all pointing fingers at a scary man with a gun pretty much gave them reasonable suspicion to stop and ID. You can argue that all day but cops have a lot of discretion on what constitutes their reasonable suspicion and panicked eyewitnesses claiming they feel unsafe will probably cover that in court.

The probable cause to arrest was based on a warrant, to further complicate the matter is,

571.070. 1. A person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:

(2) Such person is a fugitive from justice, is habitually in an intoxicated OR drugged condition, OR is currently adjudged mentally incompetent.

The question imo becomes, does simply having a warrant constitute the label "fugitive from justice", even if he gets off on the allegation that the warrant was wrongfully issued it wouldnt make a difference, his arrest will have been justified and the PR damage was done.

Stop and ID under what statute? RAS requires suspicion of a crime having been or about to be committed. Even if there were "panicked" people, and that's facts not in evidence, once the police saw he presented no threat and was not about to commit a crime, the encounter should have ended. Once they pursued the encounter into a detainment, he was no longer secure against unreasonable search and seizure (he was seized) and his 4A rights were violated. As stated, a warrant--correct or otherwise, was not material to that point. To the cops'--and the reasonable man's understanding, he had not committed, nor was about to commit, any crime.
 

Gunslinger

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Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
Attendant circumstances surrounding the legal action may have created RAS. RAS is not clearly defined and is often left to the discretion of the responding officers. Patrons and management of the store claiming they are in fear or that he seemed particularly menacing, maybe he touched it gun, etc. etc. there are many variables that led to officers feeling they had RAS....The fact that their stop and subsequent detainment actually turned up a warrant, and the fact that having a gun on ones person while having an active warrant is a crime, whatever the RAS the officers claim they had will most likely be upheld.

Facts not in evidence. RAS 'is' clearly defined as to a suspicion which can be stated in such a way that the reasonable man would have a "significant concern" that a crime had been or was being committed. He would not think it was "probable," but that there existed a likelihood greater than mere chance. The courts have repeatedly held that the mere action of OC, where not unlawful, fails to fulfill that likelihood.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
They forget that they are on a publicly accessible forum - just like we do sometimes.:exclaim:

Or could it be they're truly nothing more than thugs whose compensatory complex of superiority they think makes up for serious, psycho-sexual shortcomings? Just asking...

Zum letzten Mal wird schon Appell geblasen!
Zum Kampfe steh'n wir alle schon bereit!
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
Dude, this is Missouri not some hamlet in the Fatherland circa 1938. Every now and then we OCers run across a LEO who needs a wee bit more training. They may not like it, we certainly do not like it but education is what makes life easier for everyone. If one or more of these LEOs are a wee bit more on the wrong side of official conduct habitually eventually their actions will determine their fate.

Just cuz it takes herculean efforts from time to time to facilitate that education does not diminish the benefits of the training for those of us who follow.

Don't count on it.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
VCDL is actively engaged in training/educating the largest LEA in Virginia, the Fairfax County Police Department. We hope to expand that over time. As of this point, the initial session was productive from the POV of both.

Time will tell, but it is unquestionably worth the effort.
 

ChiangShih

Regular Member
Joined
Sep 7, 2009
Messages
628
Location
KC
Or could it be they're truly nothing more than thugs whose compensatory complex of superiority they think makes up for serious, psycho-sexual shortcomings? Just asking...

Zum letzten Mal wird schon Appell geblasen!
Zum Kampfe steh'n wir alle schon bereit!

Oh lawd caught you quoting Nazi rhetoric again!...and the same song...which is starting to become unoriginal


The media salivates at the opportunity of kissing the cops ***. Of course, the police are your friends, so you should learn the lyrics to sing along with them:

Die Fahne hoch! Die Reihen fest geschlossen!
SA marschiert mit ruhig-festem Schritt.


Lighten up. When I'm serious about comparing neo-fascists to the original product and you don't like it, feel free to jump in. When I'm kidding around to get the Administrator's goat, I'm joking. As to "Die Horst Wessel Lied," I've always thought it had good lyrics, but you couldn't dance to it.


Thats three separate threads now you're repeating Nazi rhetoric. Hmmm..


Edit: Make it 4!


The Peoples Demokratic Republik of Kalifornia investigating illegal activity by the SA. Novel idea. Kind of like the KGB investigating the SS. Gov Moonbeam in the same room with Ubergruppenfuhrer holder. Kind of makes me want to heave...

Edit: Make it 5!

Take the guns away from the cops and the problem will solve itself. The trouble is the mentality of a**holes like Lopez and his UberGruppenfuhrer superiors.

"We must take the guns from the people to make the streets safe for the SS."

A. Hitler
Obergruppenführer was a Nazi Party paramilitary rank that was first created in 1932 as a rank of the SA and until 1942 it was the highest SS rank inferior only to Reichsführer-SS (Heinrich Himmler).
 
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mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
Missouri Constituon

Missouri Constitution
Article I
BILL OF RIGHTS
Section 23

August 28, 2010




OK we have the right to carry open... "BUT"!
We have the right to CCW... "BUT"!
Below is a copy and paste from the Missouri Constitution. Why all the BUTS, wherfore and exceptions? I'm getting un happy.

Right to keep and bear arms--exception.
Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.

Source: Const. of 1875, Art. II, § 17.
(2004) Section does not prohibit the General Assembly from enacting statutes allowing or disallowing the carrying of concealed weapons; the Concealed-Carry Act is therefore constitutional. Brooks v. State, 128 S.W.3d 844 (Mo.banc).




Missouri General Assembly
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
Oh lawd caught you quoting Nazi rhetoric again!...and the same song...which is starting to become unoriginal








Thats three separate threads now you're repeating Nazi rhetoric. Hmmm..


Edit: Make it 4!




Edit: Make it 5!

As I have well over 2000 posts, you can find lots more examples. The JDL, for good or bad, had a motto: 'Never Again!' "Those who don't profit by history's lessons are doomed to repeat it." George Santayana
 

StevenSTL

Regular Member
Joined
Jan 3, 2011
Messages
96
Location
St. Charles
Where are you guys finding the time to read this thread and continue this argument?

Nobody is getting anywhere and we are just dividing our already small group. Let's lay off the personal attacks upon each other and realize we are all on the same side.
 

protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana
Where are you guys finding the time to read this thread and continue this argument?

Nobody is getting anywhere and we are just dividing our already small group. Let's lay off the personal attacks upon each other and realize we are all on the same side.

Some people on this forum (actually many) get caught up in their own personal beliefs on littler issues, that they forget as a whole we work towards the same goal.


............--Moderator Comment--
Repeated/constant reference to Nazi, for the most part regardless of intent, is beyond the limits tolerated by OCDO. Any "campaign" on this shall end here.


Let this thread get back to the OP or anticipate a lock.

This posted at the end of the thread at this time & not directed at this poster.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
............--Moderator Comment--
Repeated/constant reference to Nazi, for the most part regardless of intent, is beyond the limits tolerated by OCDO. Any "campaign" on this shall end here.

Let this thread get back to the OP or anticipate a lock.
 

mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
Where are you guys finding the time to read this thread and continue this argument?

Nobody is getting anywhere and we are just dividing our already small group. Let's lay off the personal attacks upon each other and realize we are all on the same side.

Exactly.... If you want to help make a difference, I hope several of us are going to Jeff City tomorrow for GUN DAY! Telling our legislators we want our 2A rights back is the best way to get'm. Even if you don't go call +/or write them.
 

lancers

Regular Member
Joined
Sep 18, 2008
Messages
231
Location
St. Louis, Missouri, USA
I had court tonight from the warrant. Well, actually I called the court and my name was still removed from the docket, but I went anyway. I signed in and the judge called me up. He said, "I'm not sure why you are here Mr. Darrow." I said, "Well you issued a warrant for my arrest and this was the court date." He then said something about the appeal and asked what I wanted. I told him I wanted something in writing to get my bond back and that the fine was put on hold. He agreed and gave me this:

"Defendant's bond discharged and to be returned. On Appeal defendant's fee stayed pending appeal."

S1080003.jpg
 

xc9subcompact

Regular Member
Joined
Mar 24, 2011
Messages
106
Location
Secure Undisclosed
Hmmmmmmmmmmmmmmmmmmmmmm...............................................................
ChiangShih would be relieved in that this proves nothing to support your story. No Judges signature, no way to authenticate the document.
And you didn't provide HD video of this courtroom encounter to support this.
My vote is he remains unconvinced!!!:lol:
 
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mspgunner

Regular Member
Joined
Feb 6, 2009
Messages
1,966
Location
Ellisville, Missouri, USA
There has been great damage done to the OC movement in Missouri... GREAT DAMAGE!
Doesn't matter if someone is "legally within their rights" when it comes to the media, or public opinion.
Keeping ones mouth shut and their eyes and ears open can be more educational and more productive then grandstanding and getting less than desireable results. Just saying!
 

xc9subcompact

Regular Member
Joined
Mar 24, 2011
Messages
106
Location
Secure Undisclosed
The public has moved on. The media has moved on. I don't doubt that Maplewood will pass a ban, but the legislature isn't going to take any more or less heat due to this incident if they preempt.
If all it took was one incident that resulted in no charges or claims of laws broken to blow up the whole thing, it seems the support was pretty weak.
 
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