Ohio Man Illegally Arrested for Open Carry Sparks $3M Lawsuit

[MoBoost]

Well doc, like I said, someone called in a complaint. What do you expect the police or the sheriff's deputies to do when a complaint is called in?

Investigate, not instigate.

Or we could maybe give anarchy a try.

I assume, you have a better definition of "anarchy" than law enforcement not obeying the law?

 

[doctorjj]

Well doc, like I said, someone called in a complaint. What do you expect the police or the sheriff's deputies to do when a complaint is called in? Tell the caller, "Don't worry. The guy's probably not a threat. Call us back if he starts shooting." Or we could maybe give anarchy a try.

My example of a call in for someone driving is valid. The call should have went like this.
Caller: You won't believe this but here's a man walking around the store with a gun on his hip!
Dispatch: Ok, is he waving the gun around or threatening anyone?
Caller: No, just walking around. Looks like he's going to buy a pop.
Dispatch: Ok, well you do realize that is legal, right?
Caller: No. You can't just walk around with a gun.
Dispatch: Yes, you can.

It should be like any other call where someone calls in complaining about someone else doing something that is completely legal. Explain to the ignorant caller that the activity they are complaining or concerned about is legal and that we can't send out any officers to harass people for doing something that is perfectly legal no matter how uncomfortable you happen to be about it.

 

[doctorjj]

Investigate, not instigate.



I assume, you have a better definition of "anarchy" than law enforcement not obeying the law?

Exactly!

 

[RickN]

Rick, what you don't understand is the person in this case did not commit a crime before being questioned by the police. Ohio has made it their law that you don't have to present your identifying information unless you are being suspected of a crime. You scenario about a someone carrying illegally does not hold water. This would be like the OK Sherriff profiling cars on I-44/I-35 interchange because they suspect them for carrying drugs. THey just can't pull you over and search your vehicle because you are black/hispanic.

What the law enforcement did here was wrong, even if the victim was being an ass he has that right to under Ohio law. Now if the victim met the description of a strong armed robbery suspect and was seen carrying a gun, then your probable cause goes way up.

How about driving without a license and open carry of a loaded firearm in a vehicle, both are against the law in Ohio and if the lady that called the police reported a man getting out of his truck wearing a gun then the police would need to investigate. Yes according to reports he drove himself to the store and a woman customer called police.

Yes it is very stupid that you can open carry a loaded weapon but not in a vehicle.

 

[DirtyDawg]

Yes it is very stupid that you can open carry a loaded weapon but not in a vehicle.

I respect your opinion that "open carry" of a firearm by a free, law abiding American citizen should not be allowed. But, my belief is that the right to keep and bear arms shall not be infringed.

Respect my opinion and I will respect your opinion. You don't have to open carry, you don't have to carry concealed, and, you don't have to even own a gun. But, do NOT attempt to take away my right to choose what method of self defense is best for me. I am not infringing on your rights by choosing to open carry instead of concealed carry. And do not harass me, search me, or prevent me from going about my daily life by asking for my papers. I am a free man, do not tread on me. Until I commit a crime, I am not harming you, or anyone else. Do not incarcerate me for something I haven't done.

Thank you, DD

 

[tulsamal]

Regardless of how much the suit should be for... if there is no probable cause to suspect a crime, then LEO's shouldn't be demanding ID. The mere fact that somebody is standing in an aisle looking at products and wearing a gun doesn't mean the cops should rush in there and start treating the guy like he is, in fact, the criminal in this situation.

Gregg

 

[okiebryan]

Stupid. All you're gonna do is bring down a heap load of crap on your head. They'll make you RESPECT their AUTHORITY. On the side of the road or in front of 7-11 is never a good place to try and hold court with the police. Show them your permit, save yourself some grief, and then if your still feel violated and inflamed hire an attorney and sue.

Do this, and you lose any right to sue. You complied, and whatever followed that decision is consensual. Exactly like giving consent to search.

 

[okiebryan]

those of you who think that it's incumbent on an open carrier to just show the ID, even when there is NO reasonable suspicion that a crime is being/is about to be committed, should really do some reading.

Fourth Circuit Finds That Carrying a Firearm in an Open-Carry State Does Not Create Reasonable Suspicion and Provides Thorough Analysis of the “Free to Leave” Standard of Seizure

In fact, Oklahoma's law that requires handgun licensees to produce ID is very likely unconstitutional, and would probably be struck down if ever appealed properly. Pay special attention to the part that says,

"The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. . . . We are not persuaded. Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states.”

 

[Cinaet]

It should be like any other call where someone calls in complaining about someone else doing something that is completely legal. Explain to the ignorant caller that the activity they are complaining or concerned about is legal and that we can't send out any officers to harass people for doing something that is perfectly legal no matter how uncomfortable you happen to be about it.

I'm not at all uncomfortable about it.

 

[10bird]

How about driving without a license and open carry of a loaded firearm in a vehicle, both are against the law in Ohio and if the lady that called the police reported a man getting out of his truck wearing a gun then the police would need to investigate. Yes according to reports he drove himself to the store and a woman customer called police.

Yes it is very stupid that you can open carry a loaded weapon but not in a vehicle.

You are really going beyond reaching in trying to validate your points. Do you really think the lady knew open carry was legal but not in a car. If the lady knew that much about open carry she wouldn't have freaked out and called the police.