Handcuffed at Manito Park 7/24/10

[amzbrady]

If anyone has a friend in the media, this would make a good story and would be a great in your face, now learn the freakin laws, story. Take them right to the police station with cameras on, OC inside, ask for the chief and have him explain why his officer did an illegal detainment.

 

[jbone]

When you hit up all the folks and departments to rectify this see that rule #7 is fixed.

http://spokaneparks.org/Parks/page/96/

7. No weapon of any kind is allowed in the park. No discharge of any projectile from any weapon or device is allowed in the park.

 

[BigDave]

Joe, a year ago I personally gave information on state preemption and municipal code violations to the police training officer (coordinator) and to the city attorney. The expectation was to get the proper information to the cop on the beat and to correct the municipal codes. We were basically ignored. The cop on the street was given misinformation leading to Bennie's confrontations.
At the same time I told them that it fell onto our shoulders to inform the public about their rights so that people do not to freak out and call the police if they (the people) are in a situation or place where someone is open carrying.
And so it continues.

fetch it is good you were or are looking into correcting this but you approached people that cannot or do not change City Ordinances to get this accomplished.

The Mayor and City Council are the ones that need to be addressed on the issues of ordinances, as they have the power to change or remove the city ordinances and thus the Police claim to follow them will no longer be able to rely upon it.

Granted there are City or County Councils will resist this and others will be happy to comply, but that is where the battle needs to be taken.

Since you are having a Picnic to protest this you need and others need to get in contact with the Mayor and City Council (all of them if possible) ie CALL ON THE PHONE OR MEET IN PERSON and discuss this issue ahead of time.
If you get shinned on then you need to attend the next City Council Meeting and sign up during the Public Comment Portion and lay it out for them, bring copies for all members and the secretary so it becomes Public Record.
After this is done then you have the News Media and Events as you are talking about to fall back upon.
By going this route you will likely bring supporters from the Mayor or City Council instead of appearing to them as you are attacking them when in essence they may or may not know of the problem.

My experience in changing these gun bans in Yakima City and County was welcomed and statements of appreciation on the information and help to provide an easy resolution.

 

[fetch]

bigdave,
About two years ago we did go to the city council at a council meeting. At the time each member was given the information needed to change the codes. Our information is on public record. The mayor is a feel good limp noodle that we need to replace, along with a couple of new council members. I have spoken personally with council members and I do know of one council member that CC's while in city hall. I have posted on this forum, in the past, that while talking with the city attorney he told me that it would take a lawsuit to change the codes.
The beat goes on.

 

[Dave Workman]

Actually no I will quote one of them as saying, "I have been on the force for 26 years and never have seen someone carry a gun like this". LOL!

What's so funny about that?
OC is not that common a practice, even in Spokane. That's not much of a surprise.

It is also not surprising that this guy tried to make up his own statute as the incident went along. That he inaccurately explained the law is troubling.

PM me and keep me in the loop on this one. Sounds like an interesting story for GUN WEEK.

Thx

 

[Bill Starks]

I return from my Alaska trip on the 2nd. I am coordinating with Deros so that we may attend this event. I'm taking my suburban and will have an extra seat or 2 available. I'll bring along the OC banner and a box of pamphlets.

My current plan is to drive over the night before, attend the event and drive back to the Seattle area.

 

[bennie1986]

What's so funny about that?
OC is not that common a practice, even in Spokane. That's not much of a surprise.

It is also not surprising that this guy tried to make up his own statute as the incident went along. That he inaccurately explained the law is troubling.

PM me and keep me in the loop on this one. Sounds like an interesting story for GUN WEEK.

Thx

I don’t think the fact he has never seen someone OC before is funny in fact I’m sure that’s the case for most of the LEO’s around here. I found it funny that it was assumed that this was a rookie when in fact he was an experienced cop.

 

[Son_of_Perdition]

If you were put on the cops hood, his car camera recorded the encounter. Go get that recording.

 

[BigDave]

bigdave,
About two years ago we did go to the city council at a council meeting. At the time each member was given the information needed to change the codes. Our information is on public record. The mayor is a feel good limp noodle that we need to replace, along with a couple of new council members. I have spoken personally with council members and I do know of one council member that CC's while in city hall. I have posted on this forum, in the past, that while talking with the city attorney he told me that it would take a lawsuit to change the codes.
The beat goes on.

fetch is appears you have covered all bases on this issue and I hope it goes well for all there.
It is doubtful I will be able to make the trip but my support is with you.

 

[BigDave]

I don’t think the fact he has never seen someone OC before is funny in fact I’m sure that’s the case for most of the LEO’s around here. I found it funny that it was assumed that this was a rookie when in fact he was an experienced cop.

What I find funny is that he was handcuffed and he was still in possession of his weapon!
So was he handcuffed for Officers Protection :lol:
It would only makes sense to secure his weapon if he was to be handcuffed.

 

[bennie1986]

What I find funny is that he was handcuffed and he was still in possession of his weapon!
So was he handcuffed for Officers Protection :lol:
It would only makes sense to secure his weapon if he was to be handcuffed.

Once I got back to my house I put my hands behind my back as if I were handcuffed and, with my gun unloaded, was able to access my gun from my serpa holster with out a problem.

 

[BigDave]

Once I got back to my house I put my hands behind my back as if I were handcuffed and, with my gun unloaded, was able to access my gun from my serpa holster with out a problem.

It seems it would be quite hard for the Officer to argue you were handcuffed for his safety So why were you handcuffed and this is why I assessed this was a ROOKIE OFFICER as I would expect an EXPERIENCED OFFICER not to make such a stupid mistake.

 

[bennie1986]

It seems it would be quite hard for the Officer to argue you were handcuffed for his safety So why were you handcuffed and this is why I assessed this was a ROOKIE OFFICER as I would expect an EXPERIENCED OFFICER not to make such a stupid mistake.

I honestly don’t think it was a mistake. I really believe that they knew I posed no danger and just wanted to assert their authority.

 

[JSlack]

Bennie....can't wait to meet ya on the 4th man. Let me know if there is anything I can help you with regarding this case. I read your other thread last week and was surprised at what happened....and now a second time....I have no words.
I have a couple contacts with the Sheriffs office. No idea if they would be of any help in this circumstance, but let me know if they might be. both are pro 2A.

 

[bennie1986]

Bennie....can't wait to meet ya on the 4th man. Let me know if there is anything I can help you with regarding this case. I read your other thread last week and was surprised at what happened....and now a second time....I have no words.
I have a couple contacts with the Sheriffs office. No idea if they would be of any help in this circumstance, but let me know if they might be. both are pro 2A.

Thank you JSlack and let me also say thank you to everyone involved with OCDO. I always receive overwhelming support from everyone here and that is incredibly encouraging. I will hopefully be meeting with my attorney very soon and will update this post every step of the way.

Again thank you all,

Ben

 

[daddy4count]

I am personally looking forward to being harassed for legal OC...

Detain me, cuff me, lecture me, haul my ass to jail... each step only serves to reinforce my lawsuit against you, your boss and the city or county that employs you.

 

[bennie1986]

So the attorney that I worked with in the past doesn’t handle civil suits as he is a criminal defense lawyer. Does anyone have any recommendations for an attorney in the Spokane area?

 

[TheJeepster]

Sure enough he got out and motioned me over, he took cover half behind a tree. I said I’m guessing you are looking to talk to me and he said yes. He told me to put my hands on my head and sit on the bench that I was next to he came up from behind me and handcuffed me. He aggressively took me back to his car where I sat on the hood.

Why did you go over to him? I would have made him come to me if it was that important to him. Please correct me if I'm wrong (someone) but we (citizens) are under no obligation to "come when beckoned". Will it make him a bit madder..probably, but "F" him.

I'm thinking that the best response would have been ignoring the officer entirely. By opening up dialogue it seems you put the ball firmly in his court so RAS was not needed. If he decided to approach THEN ask if your being detained and establish your rights.

Additionally, I would have asked for his supervisor an not engaged in conversation. If he was the "supervisor" then I would have asked for other LEOs. Discussion doesn't take place with this kind of cop. Its do what your told or else. Worst kind there is.

 

[Lammo]

If you were put on the cops hood, his car camera recorded the encounter. Go get that recording.

SPD doesn't generally have car cameras. Not saying there wasn't one in that car but it isn't normal equipment for them.

 

[bennie1986]

Why did you go over to him? I would have made him come to me if it was that important to him. Please correct me if I'm wrong (someone) but we (citizens) are under no obligation to "come when beckoned". Will it make him a bit madder..probably, but "F" him.

I'm thinking that the best response would have been ignoring the officer entirely. By opening up dialogue it seems you put the ball firmly in his court so RAS was not needed. If he decided to approach THEN ask if your being detained and establish your rights.

Additionally, I would have asked for his supervisor an not engaged in conversation. If he was the "supervisor" then I would have asked for other LEOs. Discussion doesn't take place with this kind of cop. Its do what your told or else. Worst kind there is.

I feel that in volunteering to go see what he had to say further proves I was not there with any ill intent. I did say that would like to speak with his supervisor and he ignored me.