Roanoke (VA) police actions spark lawsuit (concealed carry)

The Roanoke Times ^ | December 31, 2009 | Mike Gangloff

[oneolcop]

Custodial detention: Was the subject free to leave? NO. Did the officer ask him anything that would or might lead to arrest? The subject did not know one way or the other. Did the officer place the subject in handcuffs and in the back seat of a police car? Yes Totality of the circumstances would lead the subject to believe he was not free to leave therefore it was CUSTODIAL DETENTION

[oneolcop]

Custodial detention: Was the subject free to leave? NO. Did the officer ask him anything that would or might lead to arrest? The subject did not know one way or the other. Did the officer place the subject in handcuffs and in the back seat of a police car? Yes Totality of the circumstances would lead the subject to believe he was not free to leave therefore it was CUSTODIAL DETENTION

[ToTheMax]

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.

[RJR_fan]

Your recourse is after the stop not during it. Always cooperate to avoid escalating the problem.

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.

[strykr]

When I went thru required training class for CCW permit in Virginia (taught by an NRA instructor)... did advise you had to tell a police officer if you're carrying a firearm when asked/pulled over. I've only 1 had occasion when pulled over and after volunteering the information, the police officer was cool about it.

[Words of Art]

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.

[freedomwarrior998]

Custodial detention: Was the subject free to leave? NO. Did the officer ask him anything that would or might lead to arrest? The subject did not know one way or the other. Did the officer place the subject in handcuffs and in the back seat of a police car? Yes Totality of the circumstances would lead the subject to believe he was not free to leave therefore it was CUSTODIAL DETENTION.

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.

[freedomwarrior998]

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. Ok, please cite the specific portion of the Constitution that contains the Miranda warning. Where did the Framers insert the Miranda warning in the text? And why did it take Earl Warren to find it?

[ClayinVA]

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.

[ScoochDude]

Apology accepted. You posted it with such authority, I thought you were a resident. It really isn't that bad of an area, I travel that area unarmed 75% of the time.

But when I visit my daughter who lives on Grace St. in Richmond, I'm packing like Neo from The Matrix, day or night.

[JoePublicVA]

Im a recent user to this site. Curious to kno if ur opinion has changed since ur original posting. My view is its better to let the officer do his job. Impeding an investigation is a crime. However, when an officer w/o reasonable suspicion (u kno what i mean) begans to frivolously expand his questioning past the original cause for the stop, it becomes not just a inconvenience but a civil rights violation. The automatic nervous response of the officer has to be controlled by that officer...basically he has to fine tune his cop sense. Its not incumbent upon a stopped suspect to try to settle the fears of the officer. Doing so causes more problems in the search and constitutional rights of the citizen. Disclaimer: I am not an Internet lawyer. 50+ yrs of living has taught me a lot and i’m still learning. In ending, its the law-abiding concealed weapon holder thats less of a danger to the public at-large.

[SpudsMom]

Maybe someone should ask the officers for their side of the story... we only know one side.