Iowa Deputy Violates Permit Holder's Rights (video)

Gun Watch ^ | 12 August, 2015 | Dean Weingarten

[marktwain]

On August 4th Plymouth County Sheriff's department Sgt. Rick Singer stopped a man legally openly carrying a holstered pistol while walking.  Sgt. Singer asked for the man's permit, which was presented.    Sergent Singer would not accept the legal permit.  He persistently demanded a "paper permit" which he said was the "legal permit".   He keeps saying that the permit is simply a "courtesy card"  He was wrong, but he illegally confiscated the open carriers permit.   The entire affair was recorded on video:

 Link to video

The Sergeant claims that the picture on the permit is not recognizable, but wants to see a "paper copy" that does not have a picture on it.

The permit holder filed a complaint with the Plymouth County Sheriff's office.  He says that he has been carrying openly for years.  From opencarry.com:

I've been open carrying for years and never had this problem before. Where these cops got the idea that you need to produce a paper copy alongside your valid carry permit is beyond me.

The Iowa code lists form WP9(pdf) as a legal form for the Permit to Carry Weapons:

 9. Form WP9. Authorization for Wallet-Size Permit to Carry Weapons, to be generated by the issuing officer including the type of permit, and, at a minimum, the individual identifiers of name and date of birth.

I did not see a requirement for a photograph in the State code.

It appears that the permit holders Fourth Amendment rights were violated.  Sergeant Singer has qualified immunity, because he was ignorant of the law.   Fortunately his abuse was not extreme.  He did not arrest the permit holder, and while he argued with him, he did not shout or use obscenities.  Both parties were restrained and polite.  I suspect that Sergeant Singer is now educated about this part of the law. 

Three days later, the permit was returned to the permit holder.  No apology was given, and no charges were filed.  The permit holder suffered damages (he lost valuable time, he was wrongfully detained, and he had to visit the Sheriff's office several times).  I doubt that these damages are sufficient to make a lawsuit pay.  If I were an attorney, I would not take the case on consignment. 

Another poster noted that this was not the first time that an officer has claimed that a permit holder had to have a "paper copy" in Iowa.  The law was reformed in 2011, four years ago.

As officers become educated, these incidents will diminish. 

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

We live in a world where the laws are voluminous and vauge, where police face no penalty for ignorance of the law, but claiming ignorance in court is no excuse for an ordinary citizen.

[marktwain]

“vauge” should be vague

[Lurker]

Some animals...

[WayneS]

Sergeant Singer has qualified immunity, because he was ignorant of the law.

There is the root of the problem. Why should a person allowed to enforce laws when he is ignorant of the law? It is absolutely insane to provide "qualified immunity" to law enforcement officers for being unqualified to performed their duties.

And, in this specific case, I sincerely doubt the officer was ignorant of the law. I suspect he just wanted to exert his "power" over a person who dared to behave in a non-sheep-like manner while in his presence.

[manc]

Young kid on a power trip who knows nothing.

[manc]

Police have computers with internet in their cars, so there is noexcuse for being ignorant

[Arm_Bears]

Sgt. Singer needs to find a new line of work.

[DainBramage]

Ignorance of the law is no excuse.....at least that’s what the cops say.

[WayneS]

...and the judges - at least to regular subjects... I mean citizens...

Never mind, the first description was probably more fitting at this juncture in our country’s history.

[Paladin2]

SCOYUS recently ruled that cops can make up law on the spot.

[certrtwngnut]

I am not defending the cop here but as was said in an above post the laws are “voluminous and vague”. No one can know all of them at all times. I am not excusing the actions of the cop and there should be repercussions for him. I am basically saying that there are too many laws.

[envisio]

We don’t need a permit for something that is a right.
We don’t need a permit for the first right. Why do we need one for the second?

My permit was issued December 15, 1791.

[Dick Vomer]

and then they wonder why a lot of people just don’t care if someone becomes violent towards them.

“Goodwill”. Gone. Afraid of “real” criminals and only picking on the law abiding. Pathetic. Karma and Shadenfreud in the future I suspect

[envisio]

I see them sorta like a parent.
When parents talk to their children, if the children talk back they are being mouthy and sassy, “I am your father, you don’t talk back to me, I’ll turn this car around and make you stay in your room”.
Same way with cops... any resistance can be viewed as aggression. “I am in charge here. You do what I say and don’t you dare talk back to me. I will take you to jail.”

[niteowl77]

Across "The Rhine," there was - maybe still is - a local police officer who one might call a "Sgt. Rick Singer clone." He considered himself an expert on virtually any subject under the sun whether he actually knew anything about said subject, and his opinion was "law." He eventually baited the wrong individual and got very publicly taken to the woodshed, which pleased a great many people. He was still insufferable, but the local elected officials clipped his wings considerably.

Many of the younger LEOs in this area give the unpleasant impression that they are frustrated military wannabes compensating for - well, for something - and that has somewhat soured my attitude towards the profession compared to what it used to be. The "old timers" were (and generally still are) fun to be around by comparison.

Mr. niteowl77

[marktwain]

“Young kid on a power trip who knows nothing.”

Sergeant Singer appears middle aged. At least he did not arrest the open carrier, never drew his gun, did not disarm the open carrier, and was not verbally abusive.

True, he was ignorant about the law. It could have been much worse. I think that the Sergeant should have apologized and delivered the permit in person, with the apology, but the Sheriff department was not smart enough to see the obvious advantages to such a move.

[Romans Nine]

When parents talk to their children, if the children talk back they are being mouthy and sassy, “I am your father, you don’t talk back to me, I’ll turn this car around and make you stay in your room”.

What?? Who would say that??
My dad would say “pull the car over and beat your ass”.

[manc]

exactly.

There are some good cops , but there are many on power trips and lazy who only want to knock doors down and take names.

[eyeamok]

So sticking a Gun in your face and ROBBING YOU is just fine if you return the property 3 days later??

One hell of a magic blue costume

[marktwain]

No, it is not fine. The Sergeant acted badly.

But, he did not stick a gun in the Open carrier’s face.

The threat was implied, true. But we have seen far worse.

The Sergeant was wrong. He should be disiplined. Training should be done at the Sheriff’s office.

But police are not superhuman. They make mistakes.

Should Sergeant Singer be made an example of?

That is what we are doing on this forum.

I guarantee that Sargeant Singer is already regretting his mistakes that day.