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

[Glocktogo]

I agree with the bolded part.

The bold red part is where I disagree. They weren't being "a complete ass;" they were breaking the law.

Still don't think financial ruin for them is going to do anything other than never working in LE again, and going bankrupt. That's where I agree with you that the penalty should be done in such a way that the agency (and others like them) will do the training and prep to avoid such a situation in the future. Criminal charges might be one thing to pursue.

I would imagine any department of significant size has someone (or group) in charge of training. I would say that those people would be at some level of fault also.

I understand, but we all break the law. The real question is whether it was willful and intentional. Did the officer know it was legal and harass the citizen anyway? Does the agency understand the law, and is that effectively communicated to the officers? If the answer is yes to both questions, the officer needs his state certification revoked (no cert, no LE job). If the answers are no, then focus on the training.

 

[NikatKimber]

I understand, but we all break the law. The real question is whether it was willful and intentional. Did the officer know it was legal and harass the citizen anyway? Does the agency understand the law, and is that effectively communicated to the officers? If the answer is yes to both questions, the officer needs his state certification revoked (no cert, no LE job). If the answers are no, then focus on the training.

That's why I was mentioning training department. If they didn't do any new training after the law changed, willfully illegal action on the part of the individual officers would be hard to press. But at the same time, if I did something similar as a non-LEO, I'd get the book thrown at me. Hard most likely. Why? Because the other side was insisting that he was within his rights. Oh, and... "We gotz ta make an eggzample uv him!!!" If they had done training on it, or at least had been informed, then it would be open and shut to me: he willfully broke the law. No more cert for you! If the training dept. had known the law changed (it would be their job to make sure), and chose NOT to train officers - then the training dept should be facing severe penalties.

But that's kind of beside the point to me. If I'm Mr. Reasonable and Well-Intentioned Officer Bob, and I'm demanding ID, and suspect is saying "No sir! Ohio law says I don't have to. I'll show you in the law!" at what point would Mr. Reasonable be expected to come to the conclusion that all is not right??

Meh, at this point you and I may be picking at nits on this.

In short, my opinion is merely that the guy (while maybe a jerk) was in the right, the officers were in the wrong. But the penalty is debatable.

 

[AKguy1985]

How the heck would he get threatened with a noise complaint? Especially if he wasnt being loud?

 

[TedKennedy]

How the heck would he get threatened with a noise complaint? Especially if he wasnt being loud?

Because the cops were being reasonable, and he wasn't. That makes him "loud". Not that they'd threaten him with false charges in order to get him to comply....

Perhaps the individuals involved were just used to being obeyed, and didn't like it when one of their tax donors didn't play like they wanted him to.

 

[TxBornsSooner]

Stupid all the way around. IThe LEOs should have just asked if he had a permit to carry. For his own safety the first thing he should have done is produce his permit to carry. This would have never happened here because of a little common sense wording in Oklahoma law. I can understand him exercising his rights but discretion is the better part of valor and he put himself if a very dangerous spot.

 

[Werewolf]

To my mind, if the police are called they have to respond and make sure there is not a problem. This guy was being an a$$ and it did not work for him. Now because the police did their job he wants to sue?

Ahhh...
So - standing up for one's self and doing it within the law and for one's rights makes one an a$$???

Yeah riiiiight! Maybe in your world but not in mine and not in a quite a few OSA members either.

Seems to be fewer of those and it will backfire. Folks show a little common sense and curtsy. I bet the LEOs will respond in kind. They always have for me.

Knuckling under to out of control cops? Necessary to do at the instant. Those kind of cops can ruin your whole life in less than 5 seconds if you give 'em a reason.

The guy in Ohio did exactly what he should have. Take their crap and then sue the scheise out of 'em.

 

[twoguns?]

Stupid all the way around. IThe LEOs should have just asked if he had a permit to carry. For his own safety the first thing he should have done is produce his permit to carry. This would have never happened here because of a little common sense wording in Oklahoma law. I can understand him exercising his rights but discretion is the better part of valor and he put himself if a very dangerous spot.

Dang ...almost had this thread figured out...Rights is Rights ..Do Not Tread on Me!

.So Mr.tborn...which rights are You going to give up next......for discretion ?..or valor?

 

[twoguns?]

Seems to be fewer of those and it will backfire. Folks show a little common sense and curtsy. I bet the LEOs will respond in kind. They always have for me.

Im not going to curtsy to Anyone


.
Knuckling under to out of control cops? Necessary to do at the instant. Those kind of cops can ruin your whole life in less than 5 seconds if you give 'em a reason.

The guy in Ohio did exactly what he should have. Take their crap and then sue the scheise out of 'em.


.The problem is its going to be uncomfortable for quite a while......so ya gotta know, ya gotta do what ya gotta do...

 

[0311]

The lady that called in the complaint did not like Keltecs. She knew that the LEOs were Glock men. It was the wrong thing to do, a bad thing to do, all the way around...