Federal court rules no probable cause in arrest for openly carried firearm(GA)

Atlanta Gun Rights examiner ^ | 24 July, 2009 | Ed Stone

[marktwain]

It sounds as if the court punted on the disorderly conduct charge in order to prevent a lawsuit against the officers.

[Always Right]

at least he got the important part of the ruling correct.

[misterrob]

Another lesson to be learned is that people shouldn’t be constantly checking their equipment in public....

[OneWingedShark]

...and here I was trained by the Army that checking your equipment is a good thing.

[papasmurf]

Sounds like a reasonable ruling (disorderly conduct), but, I have to question the circumstances of his "checking his fireman" to be sure it was secure.

Was he asked if it was secure? Did the policeman say something to the effect of..."it's unsheathed, or unsnapped, or not holstered securely/properly", then he "checked" it?

What caused him to "check it"?

[Naspino]

There needs to be an Obama type reform to disorderly conduct. It seems to have become the catch-all arrest for whenever the law does not apply. I understand the intention but it seems the interpretation is far too open and applied randomly.

[papasmurf]

Check that. LOL fireman should be firearm

[JLS]

Actually the judge continued the fiction that allows the police to arrest anyone at any time for no reason and claim disorderly conduct. That is not a free society at work.

[misterrob]

You missed the double entendre in my posting

[xjcsa]

Check that. LOL fireman should be firearm

Do you watch any South Park?

[Slings and Arrows]

Sounds like a reasonable ruling (disorderly conduct), but, I have to question the circumstances of his "checking his fireman" to be sure it was secure.

Checking your "fireman" in public IS grounds for arrest in most states.

[bitterohiogunclinger]

“First, it had to find that Mr. Woodard was “acting in a state of violent agitation.”

No way any reasonable person jumps from “checking if a firearm is secure on his belt” to “violent agitation”. In my opinion, “disorderly conduct” is a B.S. charge. Threatening a police officer would be disorderly conduct.

[bk1000]

“I understand the intention but it seems the interpretation is far too open and applied randomly.”

That’s the whole point! Just like ‘general welfare’, ‘probable cause’, or ‘interstate commerce’.

[School of Rational Thought]

Fron what is written, I don’t see the disorderly conduct charge. It appears the judge wants to ensure cops have a catchall basis for arrest.

[wastedyears]

First, it had to find that Mr. Woodard was "acting in a state of violent agitation." The sole fact used to support this finding was the undisputed and admitted fact that Mr. Woodard checked his gun more than once to see if it was secure on his belt. Second, the court had to conclude that a reasonable (even though mistaken) officer could have concluded that Mr. Woodard's "violent and tumultuous" action of checking his gun was aimed at certain people. Third, the court had to find that those people were placed in reasonable fear of their safety.

This 55 years ago would have caused the officers to be fired, as well as the judge. How absolutely insane to believe that checking to make sure a holster is still secured to a belt to be acting in a menacing manner. Our "justice" system is so broken there's no way to repair it.

[SUSSA]

Mr. Woodard should file federal criminal charges against the cops for violating his constitutional rights under color of law.

[SuperLuminal]

bttt

[ctdonath2]

He was probably open carrying as a matter of pressing the issue of open carry - thus making himself uncomfortably aware of its visibility. This pan-conscious awareness/belief that a perfectly legal activity may very well get one arrested tends to induce nervous fidgeting, and with carrying a pistol that means frequently adjusting it into a more comfortable & low-profile position.

Hence, he frequently “checked” it. Just nervous fiddling. People new to concealed carry tend to do the same thing, but being concealed they don’t get caught at it so easily.

[snuffy smiff]

Well, he probably should have sued the county first as they have a history of out-of-court settlements whenever the sheriff's gestapo-like tactics are revealed. And yes, I know of what I speak as I used to live in that county from 93-99. It used to be a nice place to live. I even worked on several of the GOP county commisioner's campaigns as well as Bob Barr's(he wasn't such a kook back then!) I don't know who runs things now but it's way different than it was I lived there.

I have a friend who still lives there. Several years ago, 8 sheriffs deputies broke down his front door without any warrant, claiming his step-son was wanted for some trumped up BS(which was soon quickly dropped). After my friend began demanding an explanation as well as a search warrant he, his wife, and their daughter(11) were all maced, handcuffed, charged and jailed. Now, this man is the youngest of 3 sons of a retired Atlanta police officer and has never had any record of anything!
I'm not privy to everything that went on afterwards but according to his attorney, the county's shyster met her in the courthouse parking lot and walked her up to his office he was so anxious to settle.

These two clown deputies should be fired as well as this judge-who should also be disbarred as well. But that won't ever happen in this America...

[OneWingedShark]

These sorts of stories (about abuse of powers & acting under color of law/office) seem to be getting more prevalent. Indeed, several months ago the police ‘visited’ my apartment w/o a warrant while I wasn’t on the premises due to a 911 call placed by someone who was not near either spatially or temporally... interesting to note is that several of the policemen came on to the property weapons-drawn; and another refused to answer the question “Why are you here?” / “What is this about?”

I recently got in an argument about my opinion on Murtha, that he should be tried for treason; my friend thinks that making people pay for saying stupid things though would be excessive.

One day those in authority-positions, conditioned to believe that they are right by virtue of BEING an authority, will push too far. The tense conditions now present it could become something big, ugly, and cost a lot of blood, sweat, and tears.