Posted on 05/20/2015 11:00:32 AM PDT by reaganaut1
If you’re out in public, minding your own business and breaking no law, you shouldn’t have to fear being arrested, handcuffed, and tossed into a squad car.
But if you are so treated, can you sue the officer for damages? That is the substance of an Ohio case recently decided by the Sixth Circuit, where a man had been arrested for legally carrying a gun. The court’s ruling in favor of the plaintiff is good news not just for gun owners, but all other Americans who might now be spared arrest, humiliation, or worse.
Here’s what happened. Shawn Northrup and his wife took their dog out for a walk one evening in June, 2010 in their city of residence, Toledo. He was wearing a visible gun holster with a pistol showing, which he knew was perfectly legal under Ohio law. Northrup also has a concealed carry permit, but that wasn’t the issue since it is legal to openly carry firearms in Ohio.
Alas, the Northrups’ peaceful walk was interrupted when a passing motorcycle rider noticed the holster, then stopped and yelled, “You can’t walk around with a gun like that!” Denise Northrup replied that he was mistaken and her husband was completely within his rights.
Acting in that great American tradition of busybodyism, the motorcyclist figured that this couple out walking their dog was so fraught with danger that he called 911 to report the emergency. Remarkably, the 911 dispatcher happened to know that openly carrying a weapon is legal – but nevertheless she notified the Toledo police about this dire situation.
(Excerpt) Read more at forbes.com ...
A few years ago I had a technetium-99 scan. The syringe used to inject the radioisotope was clad in a steel jacket to protect the technician who injected it.
As I looked at that syringe, I asked the guy “so what would happen if I go out to the airport and try to board a plane after this?” Without hesitating he said “oh, instant cuff and stuff.”
I had never heard that expression before.
Good. decent taxpayers should not have to foot the bill for cops violating our God-given and constitutionally-protected human rights. I’m happy to see this bad cop facing personal liability. I carry an envelope with paper copies of a few laws/articles when I am carrying something that might cause a police over-reaction, and this decision will go into that envelope.
Excellent. Qualified immunity has protected cops from excessive thuggery for far too long. About time they needed to face the same jeopardy we serfs do.
Cops sure make it hard to support them, don’t they?
Damn
Time
Police officers should be held to the same laws as the citizenry.
Accidentally shoot somebody? Manslaughter.
Accidentally bust down the wrong door and shoot somebody? Murder.
Excellent development. I look forward to its extension to DAs.
In this case, the cop’s actions qualify as kidnapping.
This will be important to watch.
Outstanding. Maybe this will make the next jack booted thug pause and reconsider his thuggery before subjecting a fellow citizen to this type of abuse and tyranny.
First of all the most egregious thing about this whole incident is that a patrol officer did not know one of the most common laws for his state.
But sadly a few years ago a Gwinnett County cop told Mr. GG2 he could open carry without a license no problem. We double checked thank goodness and its not true. You have to have a CC to open carry in GA.
I hate these kind of calls for service. All I can do here in virginia is ask to talk to the person carrying the gun. I can’t stop, ID or anything. Got a call the other week for a man carrying a gun in mcdonalds. He was sitting in the corner eating his bremfast. All I could do is say hey ...we got a call that you are carrying a gun. Do you mind if I talk to you? He was cool about it and not an a-hole like many are. I left and the rest of the customers looked at me like I was t do I g my job, hopefully one day I won’t be told to pound sand by a convicted felon who then goes and shoots someone
Hey, whatever gets them home safely, right?
Here’s a thought. Why don’t you try learning the laws your allegedly enforcing.
I’m so tired of the “cuff and stuff and let the judge sort it out “ attitude. If you violate someone’s civil rights while wearing a badge you should lose your immunity.
Ignorance of the law is not an excuse for me. Why should it be one for you?
L
Here is a thought...I do know them. What part of I u post suggests that I don’t? I am well aware there is open carry. My point is I hate being put in that situation by MEMBERS OF THE PUBLIC who don’t know the laws.
If they`ad just put the holstered pistol on their dog, cop would`av arrested the dog for keeping and barking arms.
If I may respectfully inquire just for my own curiosity, are you obligated by some internal regulation to speak to a guy that is openly carrying (which I take is legal in your jurisdiction) or is it more of a PR thing to keep the caller happy? Not slamming anyone, I am just wondering why you would feel obligated to approach him if he is not violating any law?
I operate under the idea that I am allowed to make a consensual speak to anyone anywhere. So I can simply and respectfully ask if I can talk to him. That’s it. If he says go away...I go away no questions asked. If he says yes, I just explain why I am here to begin with. That is basically it. We have had dept training on this. We are a medium sized city in a conservative area. we don’t get calls often...but they do come in. It’s the public that needs educated
I get it that you are allowed to do that. I guess my question is why would you want to speak to him if he isn’t violating any law? Does the dept training that you mention mandate that you do a consensual speak in a situation like that? Again, I am not judging anyone, just curious about the “why” part of the situation.
We have to answer the call for service. But there are two problems...the public expects a certain response...and young officers sometimes don’t realize there are some things that police can’t do
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