Posted on 01/01/2010 7:09:42 PM PST by Perseverando
A Roanoke man says officers violated his rights during a dispute about his gun license.
A Roanoke man is suing city police over an altercation with officers that he said began as an argument about his permit to carry a concealed firearm.
Aaron A. Stevenson filed a lawsuit Tuesday in U.S. District Court in Roanoke alleging that his constitutional rights were violated during a May 6 traffic stop. He named two officers, Chief Joe Gaskins and the city as defendants.
On Wednesday, police spokeswoman Aisha Johnson referred questions to City Attorney Bill Hackworth, who was out of town and could not be contacted. Stevenson also could not be immediately contacted Wednesday.
The lawsuit gives this account of Stevenson's encounter with police:
Stevenson was driving along Williamson Road to pick up his daughter from church when Roanoke police Officer Jamie A. Kwiecinski stopped him. Stevenson was given a summons because his registration had expired.
Kwiecinski learned that Stevenson had a concealed carry permit and asked if he had a gun. Stevenson declined to answer.
Kwiecinski called for backup, and Officer Dwight W. Ayers arrived on the scene. Stevenson said the officers ignored his repeated invocation of his right to remain silent, and to have an attorney present during questioning.
The officers pulled Stevenson from his vehicle, the lawsuit said, took the .45-caliber handgun he wore in a belt holster, and put him in handcuffs in the back of a police car. Stevenson said he was threatened with loss of his permit, confiscation of his gun and indefinite detention while police investigated whether he was involved in anything criminal.
Officers never read Stevenson his Miranda rights, the lawsuit said, and Ayers told Stevenson the questioning would stop if he would admit to some criminal action.
As the incident continued, some of Stevenson's co-workers drove past and his employer stopped to see what was happening. The officers asked the employer if Stevenson had mental problems.
Stevenson said the tight handcuffs injured his wrists.
Eventually, Sgt. Sandy Duffey, a police supervisor, said to release Stevenson.
In the lawsuit, Stevenson asked for unspecified monetary damages, injunctions to prevent future incidents and a declaration that his civil rights had been violated.
Online court records indicated that the expired registration charge against Stevenson was dismissed in June.
Nothing pertinent to add to story. Have at it fellow Freepers.
OK....you live in VA. If asked, does one have to reveal if the are carrying a firearm in VA.???
In MN, If asked, one must respond yes or no.
I appreciate their efforts, but a few too many Virginian police officers seem to have rolled off of the same assembly line. You know, the one next to the Skoal Bandits factory?
On top of that, there are numerous exceptions to the Miranda requirement.
It appears the stop was valid. Just answer the officers question and move on. Just because you have a conceal carry permit dose not give you the right to be a jerk. This is the kind of stuff liberals and the gun loonies use to claim gun owners are unstable!
In AZ you are required to answer. I guess you could refuse but they can revoke your permit.
I've never had any problems doing this in the course of going through ‘clickit-or-ticket’ and ‘Booze it and lose it’ traffic stops. Most of our local cops act like they couldn't care less. A few show some interest like you'd expect from a gun enthusiast.
I've never had any problems doing this in the course of going through ‘clickit-or-ticket’ and ‘Booze it and lose it’ traffic stops. Most of our local cops act like they couldn't care less. A few show some interest like you'd expect from a gun enthusiast.
Was he free to leave?
Yeah, it’s not like they’re going shoot you for admitting to carrying a handgun in compliance with your permit....
I don’t think so, it does not require you to answer, the police already have all of that info via license plate and driver license. This guy is about to get a 100K check from the City of Roanoke later in the year. VCDL is really good about this type stuff and Virginia Beach has had to pay out a few times for things like this. The guy would have been free to go, but the cop must have thought he was guilty of something, you would think they would learn to leave the CHP holders alone. More of the DUI exception to Constitution problem also, why was he stopped in the first place?
In NC if he was carrying openly he would not have needed the CCW, now whether or not the CCW meant he had to answer if he was not using the permit’s ability is a different matter altogether.
VA is sort of funny State, AFAIK they do not have a open carry provision, and I have to wonder if his CCW prohibited him from carrying with X nu mber of feet of a House of Worship so he did not wish to own up to carrying.
The police were fishing, that section of town is a bad one.
Being in Ohio I have to inform them I have a gun when stopped. If I don't I will lose the CCW.
Someone should know what's required in VA.
not really, if he had a valid permit and they knew that from the licence plate, there was no reason to even ask the question. This is where the City is going to get nailed on a Civil Right violation. Also, it is General Assembly time, Virginia has a part-time legislature that only meets for about 2 months, so the VCDL might get the CDL laws strengthened again. Virginia Beach has been having problems following the gun presumption law too (No local gun laws allowed).
I couldn’t find a provision in VA laws that prohibit carrying near a house of worship.
Nor could I find a provision that states one must tell an officer whether or not one has a firearm, even if the officer asks.
huh, Virginia is an open-carry state, you have to carry openly in bars and restaurants due to alcohol rules as least for another year.
VA is really pretty straightforward. It is an open carry state and a shall issue state. VCDL is very pro-active.
I also think that this guy has a big check coming to him from taxpayer dollars...
You can carry in a church if you have a “Good” reason, I would say going to a church on Williamson Road after dark is a good reason. Virginia is a “very-very” pro-gun and CHP state.
“I don’t think so...”
Does anybody in VA know, for certain?
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