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

[vvvvvvv]

in before excessive use of flash bangs to cause fire

in before wako reference or Cali cop killer

Nonsense.

50K no knock raids are executed per year. Since 2001, there have been over 100+ "wrong address" raids where no one died, and an additional 12+ that resulted in the death of the innocent person that was wrongly raided.

 

[RickN]

From the Ohio CCW law.

Nothing in this section requires a person
to answer any questions beyond that person’s name, address, or date
of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any
information beyond that person’s name, address, or date of birth

According to the law he did not have to give them ID, but he did have to give them that information. Once he gave them his name and they found out he did have a CCW they released him. He was in the wrong and you guys are freaking again.

 

[doctorjj]

From the Ohio CCW law.




According to the law he did not have to give them ID, but he did have to give them that information. Once he gave them his name and they found out he did have a CCW they released him. He was in the wrong and you guys are freaking again.

What statute is that from because if it was truly from the CCW laws the. It doesn't apply since be was open carrying. If it was from their general statutes (Title 29), then it appears that you intentionally left out parts. You know, like the parts where answering those questions only applies if you have committed or are suspected of having committed a crime.

 

[RickN]

What statute is that from because if it was truly from the CCW laws the. It doesn't apply since be was open carrying. If it was from their general statutes (Title 29), then it appears that you intentionally left out parts. You know, like the parts where answering those questions only applies if you have committed or are suspected of having committed a crime.

Let me get this straight, if he is open carrying the CCW law does not apply to him? Then why did the police release him once they found out he has a CCW?
I will have to look up the statute again but it is from the CCW laws.

 

[doctorjj]

Let me get this straight, if he is open carrying the CCW law does not apply to him? Then why did the police release him once they found out he has a CCW?
I will have to look up the statute again but it is from the CCW laws.

In some states open carry is perfectly legal but concealed carry is not or concealed carry requires a permit. So there is a higher duty on the citizen if choosing to concealed carry, i.e. you have to get a permit and be subjected to stricter laws.

So, no the CCW laws would not apply to someone open carrying.

They let him go because once they ran his info, they found out he wasn't a criminal and since he hadn't broken any laws in the first place, they had no choice.

 

[R. Johnson]

The cops were wrong, period. Ohio law is Ohio law and they violated it, pure and simple. Then they bullied him for exercising his rights. Does the guy need 3.6 million for this? No, but the PD needs to be punished and should pay every penny of it. Someone else's "right to be comfortable" does not trump my Constitutional rights. Ever.

 

[excat]

If you are legal to be carrying, why WOULDN'T you comply? It sounds like someone just looking for confrontation. The officers were doing their job, by simply inquiring in who the individual was carrying a weapon. As someone else said, if they were to not ask and found out later he wasn't "a good guy", they would still be getting sued. We are a sue happy country, sad but true.

Maybe the guy did something to draw attention to himself, acting afool or just being an ass, that caused people to worry. It sounds like he was out on his own agenda anyway. In the end, a simple here's my CCW (since he had it), and nothing would have come about it.

 

[Old Fart]

Appears to me there are too many laws in Ohio. Can't expect the LEO's to keep track of all of them.

 

[NikatKimber]

While he was within his rights he showed an incredible amount of stupidity. In this day and age of terrorist attacks, armed robberies, etc, etc. the police were within their rights and responsibilities to try and find out if he was legal to carry. If he had not been and committed a crime after being let go someone would have tried to sue the police for that.

There has to be a reasonable balance of the police being allowed to check while still protecting the citizens rights.

Should have just told them he had a permit and went on. End of story

"Just comply with the Lawman even when he's clearly in the wrong!"

I disagree with you. Nothing changes if we the people just bend the knee and take it.

 

[TedKennedy]

"Just comply with the Lawman even when he's clearly in the wrong!"

I disagree with you. Nothing changes if we the people just bend the knee and take it.

Agreed 1000%!