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.
True story. My son is a federal police officer/K-9, perimeter and inside security for big guys. He is not allowed to carry his own legally permitted personal sidearm in DC where he works, nor in Maryland.
Md. State troopers will buddyfuck you, even if you are a legit cop with a legit CCW, and even if it is in the glove compartment, and you tell them that. The will run a check on your police status as an officer and then seize your weapon. A liberal judge questioned the insanity of Maryland’s laws on the state’s failure to recognize as legal another state’s Concealed Weapons Permit, esp. for non-state police offices.
Only a retired/active Police Officer is allowed to cross state lines with a CCP, not even federal officers who work govt building/property security.
Maryland is run by a bunch of marxist punks, which is one reason I’m glad I got out of there a long time ago.
In case you think that my son is gun happy, he is a combat veteran of Iraq, and shortly after he returned from OIF, his car/himself was attacked by a drunk Mexican. Fortunately his combat training kicked in and he had his weapon in the guy’s face as his hand came thru the broken window. The Mexi sobbered up real fast. A second later or any physical contact with my son and he would have been dead.
Son held him for the locals who arrested the guy (this was before my son became a police officer) and discreetly told him to put his gun back in the car while they filled out the paperwork.
In Maryland, they would probably shoot you.
Travellers beware of Maryland. State Police used to be the best. Now they have hotdogs without a brain.
Good advice. This little mantra may help you keep your wits about you, so that you can make a note of such things as the officer's name and badge number. Yes, there are abusive cops out there -- but the stress of the encounter can make things seem worse than they actually are.
Hmmm? well when police pull you out of you car and handcuff you, and you’re placed in the back of a cop car, you are in deed under arrest. It’s nice to know that some people like to believe that there are “exceptions” to one’s RIGHTS. Perhaps you should actualy READ the miranda warning. Read the definition of “Arrest”. Maybe even READ the Second Amd. for the Constitution of the United States of America, you know the part that specifically states “Shall NOT be infringed”. Too many cowardly sissys wearing badges like to feel they are above the law, and too many idiot lawyers like to think people are actually ignorant of their rights, and like to use legal terms like “exceptions”. People don’t need to take a test to “practice” law, to actually “know” the law.
First of all, we only have one version of facts. It is foolish to take the facts given by a party filing a lawsuit at face value.
Second, Miranda was imposed (with no grounds in the Constitution) as a "prophylactic" to prevent the use of statements in Court. Even from the Plaintiff's version of facts, the questioning did not result in a prosecution.
I'm not saying that everything that the Officer did was OK. I am saying that we don't know. I am also saying that people invoke Miranda like a magic Talisman when in the majority of situations it doesn't even apply.
If you are/were a cop, you would know that.
Sorry, I have the whole city marked down as the hood in my threat index. Some parts are better than others, but I worked for ambulance company there for about a year. Richmond is the same way, decent in the surrounding counties, but when you see a city limits sign watch out.
Maybe someone should ask the officers for their side of the story... we only know one side.
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