This is a discussion on Gun Law Q&A With Off Duty LEO within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I think that this thread would have been squashed in the first page or so if everybody understood the laws of arrest and typical police ...
I think that this thread would have been squashed in the first page or so if everybody understood the laws of arrest and typical police proceedure. But, only a few do so we have 5 pages of material that really amounts to nothing. And I just added to it.
"Just blame Sixto"
I really have a hard time not ranting on these type of threads(aka cops are idiots & I'm smarter than them)...But I understand the negative feeling civilains have towards LEOs.
I'm I cop & I don't even like cops, mostly cuz they are idiots and I am smarter than them.
I know how much I enjoy giving up some quite time to let a civilain I do not know lecture me on gun laws and DUI laws and speeding laws and lets legalize marijuana.
Appreciate your input. 20 minutes of down I'll never get back.
I can't imagine how this thread has lived so long..
"Arms in the hands of individual citizens may be used at individual discretion..in private self defense." John Adams
You don't need to know every law.
You need to know EVERY law you're ENFORCING, RIGHT NOW.
If you're too lazy to do that, then you need to find another line of work.
If you falsely arrest me for something that's not a crime, I'm going to make life VERY unpleasant for you, both professionally and financially. Now you can think that's a joke, but the laughing stops when you have to explain to the kids why the family's moving into grandma's basement.
Now that I have digested the information contained therein perhaps you might explain exactly how you feel it justifies a LEO making an arrest for a non-crime due to a lack of knowledge of what constitutes a violation.
My whole point was that the LEO has a duty to be educated in the law before he actually takes the action of making an arrest. The fact that the charge will be thrown out of court because the LEO made the arrest based on ignorance of the statute requirements does a dis-service to his profession, his department and the public.
I was taught that there is no such thing as unarresting someone. Once you make an arrest that person is "in the system" and despite the case being thrown out of court that person will always have an arrest record.
It has nothing to do with being pro or anti LEO. I just can't excuse arresting someone based on ignorance of what constitutes a violation of the statute. The LEO can always detain the subject while he researches the law before making the arrest.
Please understand that you will get LEO's who never open their criminal code books after getting out of the academy. The state media always refers to LEO's as firearms expurts, well they are not. All I have to do is look across the locker room.
Should you be unjustly taken into custody because of incompetence or ignorance, I hope the supervisor has the gonads to correct the wrong, if not I guess you get the chance to own a piece of the city and the LEO's if you go the 1983 route.
Certifed Sig Classic Pistol Armorer
Lawdog: 1980 to ???
Soldier of Christ: January 2000 to Eternity
A Sheepdog who has found the Shepherd
False arrest isn't a mistake. It's a crime and a civil tort. I view it in exactly the same way I view somebody punching a cop because he got a speeding ticket. I guarantee you that you won't find many cops who'd either call THAT a "mistake" or excuse it because the assailant had a "bad day". I wouldn't expect any mercy if I took a swing at a cop who was lawfully doing his job. He shouldn't expect any if he falsely arrests me. CHOICES have consequences, even for cops.
Of course I think you need PC, not RAS to arrest somebody rather than detain them. Of course if you detain me for something that you should know is NOT a crime, you aren't going to have a good day either.
Having an Ohio CHL imposes upon me a LEGAL DUTY to know the applicable state laws. It's nothing short of insane for somebody to claim that a cop, whose JOB it is to enforce the law, should have a LESSER duty to know those same laws.
"Just blame Sixto"
Hey sixto I tried to PM ya, but your box is full.
Friends don't let friends be MALL NINJAS.
I am just as nice as anyone lets me be and can be just as mean as anyone makes me. - Quoted from Terryger, New member to our forum.
Yea MOST LEO'S who accually disarmes a law abiding CCer Is a ROOKIE or is
on a power trip ; )
A Native Floridian = RARE
IT'S OUR RIGHTS>THEY WANT TO WRONG
Let's say, just for the sake of argument, that I am carrying a gun in my glove box in Florida, which is perfectly lawful under Florida law. I get pulled over and, I tell the officer there is a gun in the glovebox rather than going into the glovebox for my registration.
He pulls me out of the car and detains me so he can safely retrieve the vehicle registration and proof of insurance. Then, because he doesn't really understand the law, he tells me he is going to charge me with carrying a concealed weapon. I tell him that it is lawful under Florida Statute 790.25(5) to carry the firearm in the glovebox, and further that I have a copy of the statute available if he would like to read it.
He tells me I am wrong, and without making any effort to verify the information I have provided he arrests me and books me into jail.
Has he in fact acted in "Good Faith"?
Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
Blame it on Sixto - now that is a viable plan.