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I think this will end up being one of those cases where the complainant wins, and the jury awards $1 for compensation.
 
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Unfortunately in Oklahoma the new open carry law does specify that we have to produce ID on request of an officer.
 

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Hate to break it to you all, no prize, or bare bones minimum monetary damages in a settlement which will never be made
public. For 3 million they'd have had to hold him without counsel for some time. Back of the car for a few minutes = either nada
or a small amount. They did let him go it seems like about as quickly as for any Terry stop.

I understand fully why it is annoying and more and aggravating, but the police also have a job of protecting us.

Half the folks here thinks what happened with the traveler and a pressure cooker was just fine, notwithstanding that he broke no law. The man I think is still in jail. You think it is fine because you want safety, civil rights notwithstanding. I'm not saying this is necessarily wrong. A man with a gun may be as innocent as the day is long during the 3rd week in June, but we also
need some safety--- its not like there aren't incidents of nuts doing nutty things. Had this man been minimally polite,
stated his name as most of us do when we meet someone for the first time and shown his CHL he could have saved himself
a small amount of trouble.

I find it funny that folks here complain about others who look for big paydays over what are deemed trifles then cheer gun owner activists who do the same. This episode in the big scheme of things is a trifle.
 

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...forget the money

...there were no grounds for a Terry stop...no legal reason to demand ID, they violated him when they stopped him for carrying a gun openly and NO OTHER REASON where carrying a gun is legal, and they threatened him with two charges, neither of which he was guilty, then obstruction...which he was not guilty of either...handcuffed and disarmed him...detained him illegally...no matter for how long...

...if LEOs are going to do these things unchallenged for the sake of "safety" or "peace of mind"...where would you draw the line...

...in this case, they could have satisfied public safety by observing that the man was doing nothing remotely suspicious then spoken to the store owner and told him no laws were being violated...and been on there way...the caller(assuming he/she was still there) would have been soothed...the rights of the citizen respected...and the integrity of the PD intact...

...instead, they exerted themselves and abused a citizen, rudely and unfairly...and we're supposed to let it go unchallenged? not in the America I grew up in...not in the America my grandchildren will have to grow up in...

...no crime, no reasonable suspicion...no stop, no disarm, no cuffing, no threats...no demand for ID...it's the same law the citizens have to abide within...and the cops don't??? NO.


...the police DON'T have a job of protecting us...they have a job of enforcing the law...and doing so WITHIN the law...any protection that affords us is a bonus...if we keep thinking their job is to protect us...there ARE no limits...
 

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Hate to break it to you all, no prize, or bare bones minimum monetary damages in a settlement which will never be made
public. For 3 million they'd have had to hold him without counsel for some time. Back of the car for a few minutes = either nada
or a small amount. They did let him go it seems like about as quickly as for any Terry stop.

I understand fully why it is annoying and more and aggravating, but the police also have a job of protecting us.

Half the folks here thinks what happened with the traveler and a pressure cooker was just fine, notwithstanding that he broke no law. The man I think is still in jail. You think it is fine because you want safety, civil rights notwithstanding. I'm not saying this is necessarily wrong. A man with a gun may be as innocent as the day is long during the 3rd week in June, but we also
need some safety--- its not like there aren't incidents of nuts doing nutty things. Had this man been minimally polite,
stated his name as most of us do when we meet someone for the first time and shown his CHL he could have saved himself
a small amount of trouble.

I find it funny that folks here complain about others who look for big paydays over what are deemed trifles then cheer gun owner activists who do the same. This episode in the big scheme of things is a trifle.
In Bold was what the like was for. We are a fickle people aren't we:smile: I think the man deserve compensation because this happens way to often. I also think that anyone detained by LE without justification, no matter how long, should be compensated.

Will it make LE think twice and be more cautious when performing their duties? I sure hope so.
 

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Unfortunately in Oklahoma the new open carry law does specify that we have to produce ID on request of an officer.
I believe the law says you must produce your carry "license." I have no idea of what the OK license looks like, but FL carry license is not an ID. Here you must poivide your license and an ID upon LEo request. Otherwise, you do not have to produce an ID, only verbally identify yourself. The federal courts have upheld that carry ID is not mandatory.

But back to the OP, I think the guy had the PD under his thumb at the moment. It's an opportunity to educate some that unless a "crime" is suspected, LEO powers are limited.
 
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I think the 3.5 million amount is a bit absurd.

I am all for suits where rights have been violated, not for money, but in order to publicize the fact and to promote respect of citizens' rights. I hope the excessively high figure is just for shock value, that, or that he will donate the full amount to charity (even if the full amount he receives is just a few dollars)...
 

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I believe the law says you must produce your carry "license." I have no idea of what the OK license looks like, but FL carry license is not an ID. Here you must poivide your license and an ID upon LEo request. Otherwise, you do not have to produce an ID, only verbally identify yourself. The federal courts have upheld that carry ID is not mandatory.
Ohio is an open carry state, and I believe that one just needs to provide ID upon "lawful" request by the officers (i.e., they have reasonable suspicion that you are committing, have committed, or are about to commit a crime).

Off topic: I heard FL is pushing for OC again, through a court case where someone was arrested and charged for their ccw showing briely
 

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In Bold was what the like was for. We are a fickle people aren't we:smile: I think the man deserve compensation because this happens way to often. I also think that anyone detained by LE without justification, no matter how long, should be compensated.

Will it make LE think twice and be more cautious when performing their duties? I sure hope so.
I agree, the issue is what is just compensation for minor inconvenience partially brought about by his own actions.

If I say give the pressure cooker traveler a few million for his inconvenience everyone here will jump all over me.

What was done wasn't right, but it hardly rises to something worth very much in damages in the eyes of our civil trial courts, IMO.

The part about the police need to know the law and observe it, yes of course, and there are ways to work for that besides
suing over trifles.
 

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I agree, the issue is what is just compensation for minor inconvenience partially brought about by his own actions.

If I say give the pressure cooker traveler a few million for his inconvenience everyone here will jump all over me.

What was done wasn't right, but it hardly rises to something worth very much in damages in the eyes of our civil trial courts, IMO.

The part about the police need to know the law and observe it, yes of course, and there are ways to work for that besides
suing over trifles.
I disagree with the time frame issue as being minor. IMO LE is no different than a civilian. They are right or they are wrong. If a civilian were to detain me unlawfully I would sue them. If LE detains me and they are wrong (I understand the difference between lawfully and what they can do) then the city needs to make amends. How much is five minutes of your time? Five minutes to me sitting the back of a police car is five minutes I will never get bback. That deserves compensation.

I caveat that with that the officers are wrong and or were stretching some law or RS to keep you there to verify something. We all know LE will do that. Fishing expeditions, even if lawfully done are wrong. If they come up with a BG..yey! They got took a chance and got a prize. But, if they come up dry, awww, they lose, don';t pass go and the city needs to compensate the individual detained.
 

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Crap like this is getting old.I hope he gets something.He didn't make the law,and, they had no reason to harass him,period.
 

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Ohio is an open carry state, and I believe that one just needs to provide ID upon "lawful" request by the officers (i.e., they have reasonable suspicion that you are committing, have committed, or are about to commit a crime).

Off topic: I heard FL is pushing for OC again, through a court case where someone was arrested and charged for their ccw showing briely
Off topic: It is not a violation of open carry to briefly expose your CW in a non-threatening manner per FL law.

FS 790.053 (1)
"It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense."

I draw a distinction between a "license" and "ID." An ID may be a form of recognized ID (A DL for instance) or it may not (FL CWFL for instance) What I read on the new OK OC law was that one must produce the carry "license." It made no mention of "ID" like FL does (present CWFL and ID upon request). OK may recognize its carry license as ID. That I do not know.
 

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I agree, the issue is what is just compensation for minor inconvenience partially brought about by his own actions.

If I say give the pressure cooker traveler a few million for his inconvenience everyone here will jump all over me.
Overlooking the fact that he wasn't arrested for carrying the pressure cooker (which isn't a criminal act), and was arrested for lying to Customs officials and having an altered passport (which are criminal acts), is a convenient way to make parallels to the other situation, however it isn't going to hold up when you start looking at the facts of the arrest.
 

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Off topic: It is not a violation of open carry to briefly expose your CW in a non-threatening manner per FL law.

FS 790.053 (1)
"It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense."

I draw a distinction between a "license" and "ID." An ID may be a form of recognized ID (A DL for instance) or it may not (FL CWFL for instance) What I read on the new OK OC law was that one must produce the carry "license." It made no mention of "ID" like FL does (present CWFL and ID upon request). OK may recognize its carry license as ID. That I do not know.
Actually, I am pretty sure OK does recognize our carry license as ID; it is a laminated photo ID, and I know when one goes in to get a drivers license, one form of acceptable ID is an Oklahoma gun license (says so right on the wall).
 

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Off topic: It is not a violation of open carry to briefly expose your CW in a non-threatening manner per FL law.

FS 790.053 (1)
"It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense."

I draw a distinction between a "license" and "ID." An ID may be a form of recognized ID (A DL for instance) or it may not (FL CWFL for instance) What I read on the new OK OC law was that one must produce the carry "license." It made no mention of "ID" like FL does (present CWFL and ID upon request). OK may recognize its carry license as ID. That I do not know.
I know it isn't, but he was found guilty anyway. it is in appeal right now, from what I understand.

Florida Carry legal victory makes way for constitutional challenge to Open Carry Ban

Another Arrested for Accidental Exposure in Florida - With VIDEO
 

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Overlooking the fact that he wasn't arrested for carrying the pressure cooker (which isn't a criminal act), and was arrested for lying to Customs officials and having an altered passport (which are criminal acts), is a convenient way to make parallels to the other situation, however it isn't going to hold up when you start looking at the facts of the arrest.
I am going to avoid responding in detail so as not to derail the thread. I do think both charges against the pressure cooker guy are bogus. We can take that up by P.M. if you like.
 
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