Open Carry Arrest

This is a discussion on Open Carry Arrest within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Rotorblade A related question... I see lots of folks (mostly open carry guys), refer to getting arrested or hassled for open carry ...

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Thread: Open Carry Arrest

  1. #61
    Member Array RockBottom's Avatar
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    Quote Originally Posted by Rotorblade View Post
    A related question...
    I see lots of folks (mostly open carry guys), refer to getting arrested or hassled for open carry unjustly as hitting the lottery, having a pay day, etc etc. Does anyone have an example where someone was unjustly charged and then later they sued and cashed a huge check?
    I would think a more typical scenario would be the person is brought to jail for a few hours, a DA gets involved, tells the cops to drop it as doesn't violate the law and everyone goes on their merry way.
    Is there really a pot of gold at the end of this rainbow?
    My feeling is that most municipalities aren't going to cough up a big check without a fight (municipal budgets being pretty tight all over the country). That means that you are going to have to hire a lawyer and sue (with a jury trial). You would have to prove that what was done to you was so egregious that you deserved a hefty award. If you were simply walking down the street open carrying and a group of police officers tasered you for no reason other than that, then beat you senseless and left you paralyzed, and all this was caught on video; with the right attorney, you might get a pretty good sized award.

    Seems like a lot to go through just to prove your point though.

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  3. #62
    Senior Member Array kb2wji's Avatar
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    Slow down guys. We know what the media reported to us. I cant tell you how many times i've been on the wrong end of an "officer arrests guy for nothing" story. When ALL the facts come out in court, we can re-evaluate. This forum is so fast to jump on LEO's based on info provided by a one sided news flash. Granted, LEO's can screw up. LEO's are sometimes ignorant of certain laws. And in some instances, LEO's are just bad. That is the minority. Lets not gather the lynch mob quite yet. Am I one of the only people on here that doesnt instantly see lawsuit dollars falling from the sky every time the media makes a LEO look like he screwed up??

  4. #63
    VIP Member Array LongRider's Avatar
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    Quote Originally Posted by Rotorblade View Post
    A related question...
    I see lots of folks (mostly open carry guys), refer to getting arrested or hassled for open carry unjustly as hitting the lottery, having a pay day, etc etc. Does anyone have an example where someone was unjustly charged and then later they sued and cashed a huge check?
    I would think a more typical scenario would be the person is brought to jail for a few hours, a DA gets involved, tells the cops to drop it as doesn't violate the law and everyone goes on their merry way.
    Is there really a pot of gold at the end of this rainbow?
    See Opencarry.org for specific cases. As soon as the unlawful arrest happens the cuffs are put on the department is subject to an unlawful arrest suit. Minutes hours days in jail are irrelevant to the case, except maybe determine the degree of pain and suffering the victim endured. For most folks the big paycheck is only relevant to the degree that it impresses upon a department with an anti Constitutional Gestapo mentality that trying to push their personal agenda contrary to law is detrimental to that department well being. Sooner or later they figure out that are not above the law or Constitution and their anti self defense fanaticism is unacceptable. Not much different than any other civil rights movement.
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

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