Posted on 08/03/2013 9:13:44 AM PDT by marktwain
RUTLAND — Joshua Severance says his Second Amendment rights to openly carry a firearm were violated, but Rutland police say they were following the law when they handcuffed and briefly detained the Milton man this week.
In a case that appears destined to end in a courtroom, Severance, 26, says he was walking down a residential Rutland street Monday afternoon with his shirt off and his 9mm Beretta semiautomatic handgun holstered on his hip when a city police cruiser stopped in front of him and an officer ordered him to place his hands on the hood.
“I figured they wanted to run the serial number and do a background check which is all well and good and part of being a responsible gun owner,” Severance said Thursday. “The next thing I knew I was being handcuffed, told I was ‘not under arrest’ and was put into the back of a cruiser.”
(snip)
Ed Cutler, legislative director for Gun Owners of Vermont, said what police in Rutland did wasn’t wrong, it was illegal.
“I think what they did was harassment and I would be happy to sue (Rutland),” he said. “Just because someone is carrying open the police have no right to detain them in any way.”
(Excerpt) Read more at timesargus.com ...
Now wouldn't it be amazing to find out (checking the County commissioners manual) that these; “law enforcement officers” are nothing more than private contractors, who have neither the authority to arrest anyone, or carry a weapon.
And these phony firearms charges are exactly that, phony.
If you look up the definition of a firearm you will find “according to the law” that 90% of the people in jail are there due to fraud by the courts , for firearms violations.
Title 26 USC 5845.,
just remember, it's their laws used against us and your lawyer can't help you, because they're gagged from actually representing you, regardless of what they say they are only there to represent the state, and of course the bar.
Correct. And being in handcuffs is an "arrest" for purposes of the Miranda warning. Statements given while in handcuffs will generally be suppressed, with the exception of "exigent circumstances."
"Otherwise they can question all day and detain you."
Give an example of your statement.
It is not a kidnapping or unlawful containment, whatever that is. You can go ahead and sue but you might be wasting your time and money.
“No. Maybe an Obama appointed judge would agree with you, but the overwhelming majority of judges, including the USSC would disagree with that.”
I am not clear about your position. Are you saying that someone who is placed in handcuffs against their will, is not under arrest?
Could you please explain that a bit further?
“When they put on the badge the Napoleon complex takes over.”
I believe that that was traditionally case in earlier times with respect to individuals. Today it is Elitism . Now they ALL do it to enforce the order they see as theirs.
Got pulled over in Rutland in ‘99 just because we had out of state plates. Absolutely no reason for the pull over and when challenged the cop did not ever bother to give one. No ticket.
Will you post the appropriate court ruling? A couple hundred thousand police officers and lawsuit happy lawyers would like to know about it.
"If you cannot be arrested indefinitely without being charged, then neither can you be detained indefinitely without being “arrested”."
Both are correct. The circumstances of each individual case will determine when it has been excessive.
"they simply treat everyone they encounter as a known felon "
I didn't do my job that way. But that was just me.
“It is not a kidnapping or unlawful containment, whatever that is. You can go ahead and sue but you might be wasting your time and money.”
Of course, any lawsuit is uncertain. However, there have been many similar cases in other states that have resulted in monetary settlements. I am familiar with several in Wisconsin, for example.
Care to tell the story?
Habeus Corpus was suspended via the latest NDAA.
It could be embarrassing to assume something like that. But then, there have been some jaw dropping assumptions made by FReepers on this thread already, so you're in good company. Well, maybe less than good company.
If you’re not under arrest you are free to go. Ask to go... if they do not immediately state your arrest then they have committed a crime.
You sir, win the golden handcuff key for today. I have told any number of family, friends, and even strangers to invoke their Miranda rights as soon as they are being questioned, and definitely upon being cuffed.
And it might not hurt to state that you believe that your captors have just committed a crime, before asking for the attorney....
I'm explaining it the way judges look at it. If you are handcuffed, you are under arrest for purposes of the Miranda warning, and statements given without that warning can be suppressed. However, if the police decide at some point that you are not going to booked you will be released and you have only been detained. The overwhelming number of lawsuits claiming "false arrest" will fail because someone has been handcuffed. Trust me on that.
That sure sounds self contradictory. There aren’t semi-arrests.
Has this matter hit the USSC? Just curious. It sounds more like for the amount of compensation one might get, most parties figure it is not worth sinking the money into the aggressive legal maneuvers needed to get a vindication.
Of course this is one of those times in which one is tempted to doubt there is a God, but people disobeying God and lying does not mean God ceases to exist or ceases to hold people accountable for truth and falsity.
You are free to say anything you want. But wise people just clam up because they understand that anything they say can be used against them in a court of law. Let the lawyer do the talking.
That’s the way it works in real life though.
Well if you don’t actually have a lawyer then what... they say go ahead call him, and you have nobody in mind let alone a number? What now, ask for a phone book and a phone? Is that a right too?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.