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Old 03-13-2011, 10:06 AM
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cmort666 cmort666 is offline
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Quote:
Originally Posted by scooter123 View Post
I'm inclined to disagree with this sentiment. The simple fact is that every single Police Officer has as much right to go home at the end of his shift as any other person. Think about the recent spike in police officers who've been shot and consider that every single officer in this nation is aware of that spike. Without notification I can assure that they will not react gently if they spot that you are armed and have not informed them of that fact. At least with notification and the linking of carry permits to license records the police have some advance notice. Yeah, it does introduce the potential for a Felony Stop but I haven't seen any indication of this being done in my area, generally Felony stops are triggered by overt actions on the part of the driver or a report of that particular vehicle being used in a recent crime.
  1. Requiring a NON-criminal to notify that he's carrying has exactly WHAT effect on a criminal who's carrying unlawfully?
    The guy who just robbed a liquor store is going to notify? It's nothing but harassment of NON-criminals.
  2. We all have a choice, obey the law or not. Not is a bad choice, whether you're an LEO or a citizen. If the law doesn't require me to notify, I'm not going to do it. If a cop doesn't like the law and acts out because of it, there will be consequences. "Officer safety" is NOT a pass to commit crimes and civil torts. If any LEO feels that he cannot BOTH obey the law AND do his job, I encourage him to find alternate employment.
  3. Again, this was NOT a matter of LEOs failing to know the law (inexcusable at any rate). It was a matter of LEOs ORDERING a citizen NOT to do something then ARRESTING him for OBEYING THEIR ORDERS.

Quote:
Originally Posted by scooter123 View Post
So, my immediate question pertaining to that Beechwood stop is what was the driver doing that caused him to be the subject of a Felony Stop? The simple fact is that Felony Stops require a lot of manpower to execute properly and aren't undertaken without some cause.
The victim had a shouting match with his girlfriend. He left the house alone. There was no violence, nor any threats. A friend of the girlfriend called police who executed the felony stop on the basis of erroneous information.

The nature of the stop is completely and utterly irrelevant. He was not charged with a crime relating to the friend's call. He was charged with and tried for "failure to 'promptly' notify"... AT THE DIRECT ORDER OF THE OFFICERS ON THE SCENE. It wouldn't matter if they suspected that he had a trunk full of weaponized anthrax. Any time police order a person to do or not do something, then ARREST him for OBEYING THEIR ORDERS, that is prima facia malice and shocking misconduct.

No matter how you tie yourself into knots trying to deny it, what the Beachwood Police did was despicable. They should no longer have the legal opportunity to engage in that specific misconduct. Notification of LEOs by CHL holders needs to eliminated.

Last edited by cmort666; 03-13-2011 at 10:09 AM.
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