Back in America...and arrested?!

Back in America...and arrested?!

This is a discussion on Back in America...and arrested?! within the General Firearm Discussion forums, part of the Related Topics category; I just came back to America from living in Germany, I moved to another state and in the process of moving on the 5th of ...

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  1. #1
    Senior Member Array Duisburg's Avatar
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    Unhappy Back in America...and arrested?!

    I just came back to America from living in Germany, I moved to another state and in the process of moving on the 5th of May 2008 I departed from Mountain Home Arkansas in a rented 17 foot Uhaul truck loaded with furniture, clothes, electronics, firearms, collectors items and paintings.

    I have a concealed handgun license in the state of Arkansas but on this particular trip that would take me across several states I had my firearms in the cargo, unloaded, locked and secured as well as being behind the locked cargo door.

    My destination was Montpelier Vermont, 1700 miles away. I had only one stop on my way towards my destination and that was Jonesboro Arkansas where I had a storage unit. After about three hours of loading, tying stuff down and rearranging the cargo in the truck I got gas across the road and started on my way to Montpelier. My mapquest directions took my on Highway 49 North between Jonesboro and Pocahontas Arkansas in the northeastern tip of the state. Between these two towns I noticed a cop coming the other direction, slam on his brakes and watched as his front end went way down as his rear end went way high in the air and how funny that looked. I paid to further mind to what he was doing because I figured he had just got a call somewhere in the opposite direction from where he was going. I then notice that he took a rather long time to come up to my vehicle, which really didn't seem to make sense because I thought that such a stop deserved a fast pace where-ever he was headed off to, he even had his lights on way back as he was turning around.

    I was in the right lane of a four lane highway and he didn't go around and then it hit me that he wanted me to pull over. Well I did so and thought maybe I had a light out or something equally as minor. The cop got out, struted (and I do mean strutted, which he did all of the time) to my door and cautiously approached the driver's side window and asked to see my rental agreement and driver's license. I said sure, no problem, and he came back with a speeding ticket of having me supposedly doing 70 MPH in a 55 MPH zone. Now this just didn't make sense because I was going, at the most, 60 MPH because I watched my speedometer so as to conserve gas at 10 miles per gallon on a 1700 mile move across the country. I told him that there was no way, that I did not believe him and that I wanted to see the radar gun with my speed on it. He insisted that I sign the ticket and then I asked to see his badge and to get his badge number. He told me to get out, so thinking that he was going to let me see the radar I got out and that was were he then told me to turn around and place my hands behind my back. I was shocked as those cuffs bit into my hands, I can still see the bruises, marks and the numbness still today (13th of May).

    He then led me to the front of his car and had me sit on his brush guard, then told me to stand up to check for weapons and such. He asked me if I had anything illegal, I of course said no because I didn't. He then told me to sit back down on his brush guard as he searched my truck's cabin. As he did that I realized that I forgot that I had a clip on knife on my pants to which I informed him of it when he came back. The purpose of the knife was to cut the rope when I was loading my stuff in Jonesboro not 10 minutes ago. I was shocked because I have never been in trouble before in my life and I told him that. I also told him that I am not a criminal, that I had a Concealed Handgun License which requires getting the FBI and BATFE to background check and finger print me plus I was fingerprinted by Homeland Security during the job application process to work for TSA.

    He led me to his car where he had most of his back seat covered in bags, gear and life resusitation supplies and told me to get in when I clearly saw no place for me to get into. When you see me, you'll know that I am not a small guy. So while looking for a place to squeeze into I notice the radar gun's clocked in speed was 58 MPH which totally sounded right to me and I called his attention to it. He told me that I didn't know what I was talking about even though it said "Locked" right below it. I saw it with my own two eyes.

    So I had to crawl into the cop's backseat with my hands cuffed behind my back only to fit half way inside the car. He then tried to slam the door on me which ripped my pants. Seeing that that wouldn't work he moved some of the gear around in the back seat and then slammed the door on my left knee leaving me in the car for over an hour and twenty minutes with the windows rolled up, car turned off and with me sweating as I began to loose blood circulation to my hands as they became cold and numb as my shoulders killed me. I tried talking to him, he told me to shut up so I started talking in German and then he told me to stop speaking all languages. I complained about my first amendment rights and then it hit me, he never gave me my Miranda's rights nor had he told me why he arrested me, nor had he shown me his badge so I didn't even know this guy was really a cop.

    So he took me to the Green County Jail, made me get out on my own after I lost feeling in my legs, thighs, arms and feet. I was led into the jail, was not finger printed nor was a picture taken of me. Then the cop, who told me his last name was "Smith" began to lecture me infront of the cops in jail as they seemed bewildered by the whole thing. Officer "Smith" threatened to take my Concealed Handgun License away too, and after I asked him why he said because I didn't inform him that I had a gun on me to which I told him, like I did when he arrested me, that my guns were secured in the cargo bay of the Uhaul, were all unloaded and stored away.

    Then the jail cops let me use my cellphone to make calls, which I did, to my Mom since I do not know any lawyers and for a good reason: I've never needed a lawyer before. Then it hit me, that Arkansas State Highway Patrol Officer had me where he wanted me: I was a young 20 something in a rented Uhaul, obviously had lots of gas money, hotel money, food and emergency money as well who needed to return his Uhaul before 6 days were passed. The guys at the jail told me that I only had to pay the speeding ticket of $110 and that I would only have a Misdameanor Class C, would loose my Concealed Handgun License, would never be able to buy a gun again and that I would also have to catch a ride or walk four miles to pick up my Uhaul at the towtruck place OR stay in jail for 20 days for my jail sentencing and then again in jail until my court date.

    I had to get going so I chose to pay the $110 speeding ticket and walked four miles as I tried to swallow the knot in my throat about being a criminal, not being allowed any guns, being arrested and wondering if the numbness in my hands would ever go away (so far they haven't). The towtruck place charged me $150 so the whole experience cost me about four hours of driving time, $260 and my right to own guns and do many other things now that I have a "record" as if I am some murderer or something...

    Now I do not know what to do Glad to be back in the home of the free
    I am sworn to protect the Constitution of the U.S.A. from all threats both foreign and domestic.


  2. #2
    VIP Member Array JonInNY's Avatar
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    OMG, that's a terrible story. I'm not sure what advice I can give you... other members may have some better ideas, but I would at least possibly call the NRA and tell them this story. They may be able to point you to a lawyer somewhere nearby that can help you. Please keep us posted.

    Jon
    "Democracy is two wolves and a lamb voting on what to have for lunch; Liberty is a well-armed lamb contesting the vote."
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  3. #3
    Senior Member Array Duisburg's Avatar
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    Quote Originally Posted by JonInNY View Post
    OMG, that's a terrible story. I'm not sure what advice I can give you... other members may have some better ideas, but I would at least possible call the NRA and tell them this story. They may be able to point you to a lawyer somewhere nearby that can help you. Please keep us posted.

    Jon
    I'm just glad he said that he had the whole thing on tape which he stopped when we got to the jail...hope that tape doesn't "accidentally" got lost, broken or erased...
    I am sworn to protect the Constitution of the U.S.A. from all threats both foreign and domestic.

  4. #4
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    Ouch! Sorry about that, and welcome back to America.

  5. #5
    VIP Member Array Kerbouchard's Avatar
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    So he took me to the Green County Jail, made me get out on my own after I lost feeling in my legs, thighs, arms and feet. I was led into the jail, was not finger printed nor was a picture taken of me.
    Assuming this is a real story, it doesn't sound like you were arrested.

    It sounds like you had a small town police officer in a small town precinct force you to pay for a traffic ticket.

    A class 'c' misdemeanor will not show up in a criminal background check, will not suspend or revoke your CHL, and will not prohibit you from owning guns.

    Assuming his badge number and name are written on your copy of the ticket, or some sort of ID is on the receipt from your fine, you might have recourse through his chief.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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  6. #6
    Senior Member Array Duisburg's Avatar
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    Quote Originally Posted by Kerbouchard View Post
    Assuming this is a real story, it doesn't sound like you were arrested. It sounds like you had a small town police officer in a small town precinct force you to pay for a traffic ticket. A class 'c' misdemeanor will not show up in a criminal background check, will not suspend or revoke your CHL, and will not prohibit you from owning guns.

    Assuming his badge number and name are written on your copy of the ticket, or some sort of ID is on the receipt from your fine, you might have recourse through his chief.
    that is the thing, I do not have the speeding ticket, only the reciept for having paid for it. It is real, I've got better things to do than make this stuff up and the officer was a Highway Patrol...not some small town hick
    I am sworn to protect the Constitution of the U.S.A. from all threats both foreign and domestic.

  7. #7
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    Did they ever tell you what the misdemeanor was for or what you were charged with?

    You should be able to access your record and see what you were charged with.

    I hope you get some answers soon.

  8. #8
    Senior Member Array Duisburg's Avatar
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    Quote Originally Posted by limatunes View Post
    Did they ever tell you what the misdemeanor was for or what you were charged with?

    Speeding isn't a misdemeanor. At least not one that should get your license revoked. You should be able to access your record and see what you were charged with.

    I hope you get some answers soon.

    no, no charges, no Miranda's rights, no badge number and only the last name "Smith"
    I am sworn to protect the Constitution of the U.S.A. from all threats both foreign and domestic.

  9. #9
    VIP Member Array dukalmighty's Avatar
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    There are cops that abuse their authority and think they are god,I would file a complaint with the highway patrol superintendant,this guy may have a bunch of complaints already,as far as hiring a lawyer that could be costly,I don't see how a speeding ticket exempts you from a chl
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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  10. #10
    VIP Member Array Rob72's Avatar
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    Quote Originally Posted by Duisburg View Post
    Now this just didn't make sense because I was going, at the most, 60 MPH because I watched my speedometer so as to conserve gas at 10 miles per gallon on a 1700 mile move across the country.(<-did you say that?) I told him that there was no way, that I did not believe him and that I wanted to see the radar gun with my speed on it. He insisted that I sign the ticket and then I asked to see his badge and to get his badge number. He told me to get out, so thinking that he was going to let me see the radar I got out
    I am truly sorry for your return experience, however: Shut. Up. Deliverance is considered a documentary/instructional vid in small towns in LA and AK, on how to treat outsiders. Either fight it in court, or zip up, and send the fine when you can.

    Unfortunately, the more you talk, the more Fife has to prove he has a pair. Considering an experience my uncle had in LA, yours was pretty light. Stay safe.

  11. #11
    Senior Member Array Duisburg's Avatar
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    Quote Originally Posted by dukalmighty View Post
    There are cops that abuse their authority and think they are god,I would file a complaint with the highway patrol superintendant,this guy may have a bunch of complaints already,as far as hiring a lawyer that could be costly,I don't see how a speeding ticket exempts you from a chl
    I know, and I should have said this earlier that 95% of cops are good people trying to make an honest living and I knew only these types of cops in Baxter County Arkansas but this one just took the cake.

    I called the guy who taught the CHL course to me and he recommended that I go to the ACLU since I am broke :( but thanks, I will certainly call the Arkansas Highway Patrol! Probably one thing that I haven't done yet.
    I am sworn to protect the Constitution of the U.S.A. from all threats both foreign and domestic.

  12. #12
    VIP Member Array Rob72's Avatar
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    Quote Originally Posted by Duisburg View Post
    the officer was a Highway Patrol...not some small town hick
    Just caught that. You mean from that same State Office that by credible reports provided "services" to both of the Clintons. "Hick" is a state of mind, not a location.

  13. #13
    VIP Member Array Kerbouchard's Avatar
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    Did you go before a Judge?
    Did you have a trial by jury?
    Were you fingerprinted?
    Did you have mug shots taken?
    Where you offered an attorney?
    Did you speak to a District Attorney?
    {/rhetorical}
    You weren't arrested. Your situation is closer to a kidnapping than an arrest. If you want to try to teach 'Smith' a lesson, go ahead.

    Either way, to have your right to own a firearm revoked you would have had to of been tried and found guilty of a felony. You left the jail the same day.

    It just sounds like you are worrying about the wrong things.
    whole experience cost me about four hours of driving time, $260 and my right to own guns and do many other things now that I have a "record" as if I am some murderer or something...
    You may have a speeding ticket on your record...its not the end of the world.

    I am in no way condoning what the Highway Patrolman did. Contacting the HWP is probably a good start, good luck finding 'Smith.'
    Last edited by Kerbouchard; May 13th, 2008 at 06:27 PM. Reason: sp
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

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  14. #14
    Senior Member Array Duisburg's Avatar
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    Quote Originally Posted by Kerbouchard View Post
    Did you go before a Judge?
    Did you have a trial by jury?
    Were you fingerprinted?
    Did you have mug shots taken?
    Where you offered an attorney?
    Did you speak to a District Attorney?
    {/rhetorical}
    You weren't arrested. You situation is closer to a kidnapping than an arrest. If you want to try to teach 'Smith' a lesson, go ahead.
    Contacting the HWP is probably a good start, good luck finding 'Smith.'
    No judge, trial, fingerprints, mug shots, attourney or District Attourney. I will persue this now, thanks for the advice
    I am sworn to protect the Constitution of the U.S.A. from all threats both foreign and domestic.

  15. #15
    VIP Member Array ron8903's Avatar
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    Not to step on any toes, but we are getting just your side of the story, and you can spin it any way you wont to.


    But Ive had little old ladies lie and file officer complaints on me, only to
    show her the video later in the presence of the chief.

    If its like you say, by all means do what you have to.
    I'm sure Arkansas state Police has an IA division.

    Best of luck.
    "A lie gets halfway around the world before the truth has a chance to get its pants on."
    - Sir Winston Churchill

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