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Dr, Mark, I gave you an answer....I am sorry if you didnt see it...
given the way this is going, I am done banging my head into a tree....if you honestly want an answer to that question, feel free to PM me, and I would be happy to discuss...but I am getting off this merry-go-round now, |
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NO! Again there has been no illegal activity. Here are two logical reactions to the security guards call: Dispatch: OK sir, please calm down it is perfectly legal to have a gun while looking into the bank. If the situation changes please call back. Responding officer: after watching unnoticed from a distance realizing there is nothing illegal going on might make his presence known or even engage the armed man in conversation; Nice 1911, is your car broke down? No, I'm just waiting on a friend to go get lunch. Well you might want to try the new chinese restaurant on waterside drive. Have a nice day. I think any officer drawing his weapon needs to be in life threatening danger or witnessing something dangerously illegal (IE: A man running out of the bank gun in hand while hearing the terrified screams of bank patrons). Game Wardens ALL come in contact with armed people and don't come in aiming guns. I've seen Game Wardens approach numerous hunters with SHOTGUNS in hand and I have NEVER seen them draw a weapon. They will stand around while there are multiple armed people with weapons in hand without freaking out so it must be that Norfolk PD needs better training. I think if this guy pushes this issue hard enough the end result will be a huge harassment settlement followed by much needed training for the Norfolk PD. |
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EDIT: nevermind...at this point I am forgetting that regardless, we are all supposed to be friends here...and that wasnt very friendly...
everyone have a good evening... |
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If officers need to harass, intimidate, humiliate, and threaten citizens who are breaking no laws to feel "safe" - then I think they need to look for a new line of work. What about ME feeling safe? No, I don't feel safe at all when officers are pulling guns on citizens for no reason other than to make themselves feel safe. Cops should be putting the safety of citizens above their own. "To serve and protect" - right? It's on the car for God's sake. This incident, if true as desribed, is crap. Anyone defending the cops is IMO either a cop themselves or a pansy unwilling or unable to stick up for their rights. (Yes, I am fully aware that there are many cops who are "gun folks" like many of us and do not agree with these actions. I have met some myself. I thank those officers every chance I get.) The issue of whether open carry is "smart" or not is 100% nor relevant. Is it a good idea for an attractive 20 year old woman to wear revealing clothing and walk the streets alone at night? Certainly not. But it IS her right to do so. Are the officers defending these cops and their thuggish actions going to walk up to a rape victim, see what she's wearing, and say "Well, you shouldn't have been here. And wear more responsible clothing next time. Have a nice day." If they did, the next question asked them would be "Do you own your home, officer? Not for long."
Really? Telling the guy to "not come back on this street" is part of their job? A public street where the guy has EVERY right to be. What's next? Gotta be out of town by sundown? I really think they could have approached the man in a responsible manner and determined rather quickly that he was not a threat. How do I know this? Because responsible, lawbiding officers do it all the time. Give me a break. Some of you need to grow a backbone. Afraid to do something perfectly legal ... you ought to be ashamed. |
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Ok, I thought that this thread was dead, but I am going to make one final response.
Their actions could also be construed as protecting the safety of the citizens. If the call was really that there is an armed person about to rob the bank, then the public at large could be in danger because of the potential armed robbery. So the goal of officer safety and the goal of protecting the public in this case both could have had the same response. Drawing a gun could have been necessary in the eyes of the officers to protect the public from the potential crime that had been reported and also necessary to protect themselves. Also, once again I emphasize this point, we have no idea what the officers were told. I am under the firm belief that they were not told "there is a man with a gun standing outside a bank but he isn't doing anything." Unless that is what the call was, the officers had no way of knowing that the person was not breaking the law and were justified in performing an investigation based upon the citizen complaint. I don't see this as a case where the officers are harassing this individual to make themselves feel safe. Once they concluded that the man was not breaking any laws they released him and let him go on his way. They are following established procedure. It is not harassing him to put him in cuffs while they are performing the investigation because he was armed. They could have disarmed him but then we would have a bunch of people jumping up and down about how the police officers disarmed him without cause so there is no solution that would not have involved controversy on this board. However, they did nothing wrong legally with that. In regard to the officers putting the safety of the citizens above their own, that is true. Officers should also place importance on the safety of the citizens. However, being concerned about the safety of the citizens does not mean that the police officers should be required to wait for a deadly threat against them or the public before they can take actions to protect their safety and the safety of the public. I am not advocating that officers should have the ability to draw down on anyone they feel like, but if the officers receive information about a potential threat to either themselves or the public, they should be able to act upon that information and take appropriate steps to ensure everyone's safety.
For the record, I am neither a cop, nor a pansy that is unwilling to stick up for my rights. But feel free to continue to just assume away. There is too much information missing from the description of the incident to determine whether the response was unwarranted. Mainly we are missing the 911 call and the dispatch call. I think it is a stretch to call this incident "crap" when there is so much that depends on the information that the other party had at the time of the incident. We only have one side of the story here and some people are assuming that this guy is telling everything completely accurately and is relating everything that happened.
I think that this statement and this line of thinking is just complete bullshit. I had a longer response here, but I will leave it at that.
I guess you also missed the point where once this mistake was pointed out to the officers that they changed their statement. In the end the only thing that the ofifcers told the person that he could not trespass on the private property of the bank. That is completely within their job description if the bank told the officers that they no longer wanted the person on their property. How do you know that the officers knew that they could have approached the man in a different manner? Do you know what the dispatch call told them? It seems to me that the manner in which they would have responded to the man depends on what they were told by dispatch, which officers are entitled to rely upon when they are deciding how to deal with a potential crime. In cases where officers respond to a call about a possible crime, should they go up to the person and ask whether or not he is committing the crime before they decide how they are going to handle it or should they be able to decide on an initial course of action prior to arriving on the scene? What if it is a case where it is an urgent call and they might not have the time to formulate a response once they are there. People should not be afraid to do something perfectly legal. However, you just have to realize that in this case the actions of the officers were also perfectly legal. ETA: Please just let this thread die. I don't think that anyone is convincing anyone else of anything at this point and it is unlikely that anything constructive will come out of this thread continuing. I will admit that I probably should not have even responded even with the incorrect assumptions about me. |
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Fucking waahhh... if a person, WHO CARRIES A GUN IN THE PREFORMANCE OF THEIR DUTIES IS SO FUCKING SCARED OF A GUY WITH A GUN IN A HOLSTER< MAYBE THEY SHOULD GET ANOTHER JOB! Once again, office safety, regardless of what the courts say, doesn't trump GOD GIVEN rights. We, as a society, have let the libs define what we do, and find acceptable. Fuck them. |
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IRONY: the "libs" actually fought AGAINST Terry v. Ohio...in fact, the main counsel in the case...the ones that argued YOUR side, hydguy, was the ACLU...they argued that there should be no exception to the Fourth Amendment for public or officer safety....it was the "conservatives" that argued in favor of the "Terry Stop" and won in a 8-1 decision that saw all of the courts traditionalists and conservatives vote in favor of allowing officers to violate your so called "God given" rights (curious, what happens if an athiest, agnostic, buddhist, or hindu is open carrying?..you know what, thats for another time) in favor of public safety... So, the irony here is that the side many are arguing is the SAME side the ACLU took... I'll end there in the hope that a moderator or two will lock this thread, because I find it increasingly hard to break away from it, and I am of a firm belief that although we may not see eye to eye on the methodology, everyone that posts here likely has common goals as to the Second Amendment, its application, and the rights of Virginians. Having said that, speaking passionately about rights without taking the time to know how they are defined, limited, and by whom (because they all are, legally, under the Constitution) doesn't really help anything or anyone. Furthermore, attempting to belittle or insult the people who post on this board that either 1) don't agree with you or 2) actually possess some sort of specialized knowledge that they are trying to share bespeaks of cowardice and ignorance. If you don't like the law, fine. Gain standing, file a suit, and try and change it. Or better yet, go to law school and work to change it from the inside out. Otherwise, you can talk about your "God given" rights until you are blue in the face, but you will not actually have a clue as to what they are... As George Washington said: "Individuals entering into society, must give up a share of liberty to preserve the rest..." And, whether you like it or not, you are a participant (willing or unwilling) in this Republic created through the social contract of the Constitution that attempts to define some of these "inalienable" (I think I prefer that to God-given) rights, and also provides a structure for how they flow and operate in our society....you can ignore it all you want, but in so doing you breach this social contract and cast disdain upon all that the Founding Fathers created....have fun with that... |
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Yes, I know all about not yelling 'Fire' in a theater, and such, but carrying a gun in a holster is NOT akin to that. If you cannot grasp that, then maybe you should take a refresher in what rights are. YOur rights end where mine begin. If what you are doing doesn't endanger me, or doesn't keep me from enjoying my rights, then you are fine. However, once you start to infring upon MY rights, then you are clearly outside of your rights. People do not have a right to not be offended. Nor do they have the right to use their unexplainable fear of an inanimate object as a basis to restrict my rights. And if you have a problem staying out of this thread, why should a Mod have to lock it? Take responsibility for yourself and stay out if you feel that you are getting too wrapped around the axles about it for Christ's sake!! And for the record, I disagree with Terry, as the basis of it, subjective probable cause, is just that: very SUBJECTIVE. |
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I think it's inappropriate to use a quote like that in an instance like this. Washington lived in a time when the writings of Locke and Hobbs were still fresh in the minds of many. He surely wasn't suggesting that one had to permit something like say, roving wiretaps to live in a society. He was differentiating between libertarianism and libertinism, not between anarchy and police statism. A society can be extremely, though not completely, lawless and still be society. Anarchy by iteself is not inherently bad, people just use the word today as if it were. But it just refers to a society without government. Freedom terrifies people, so to some, any freedom must be bad, especially those freedoms you aren't using. Granted, total freedom, libertinism, does represent something bad, because it is a concept that doesn't recognize privacy or property rights. It is the unacceptable zone where libertarianism (what's mine is mine) and communism (what's yours is mine) meet, and the only equilibrium that could be achieved is through force. Surely that is what Washington saw as being without society, not a country with a lot of petty rules and limits on personal behavior or appearance. If he wanted that, he already had it before the Revolution. We should recognize that we're being granted a glimpse into what could be. The left wants your property rights, the right wants your privacy rights, and the only way they can take them is through force. We already have so many law enforcement agencies whose entire purpose is to enforce unnatural law, that I'm sure you can find one whose mission you hate. Hydguy's mistake here was applying a label to the wrong crowd. So remember: use "liberals" (in the American sense, which is completely inaccurate,) when talking about socialists. Use "conservatives" when talking about police statists. Of course, their views don't always match up. To borrow an expressed view from another thread and combine it with this one, how are we supposed to shoot Latino gang members on sight if when called by a concerned citizen, the cops don't first show up to investigate to ensure it isn't just a day laborer wearing the wrong color t-shirt? |
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So it looks like a systemic problem. I suspect the Norfolk PD is not going to fare well here. It pains me to think that these officers are being instructed to enforce laws that likely violate Virginia's preemption laws. Whicn means that someone in a position of authority over the officers is telling them to break the law and compromise citizen's rights, as a matter of standard operating procedure. I'm sure that many would agree, a "mistake" arrest is somewhat tolerable, but a willful persistence to circumvent state law is deplorable. |
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In all of the "citizen complaint" stories I've read lately it seems that if the 911 call went something like this, then there wouldn't be a problem:
Caller: I see a man with a gun. Dispatch: What's he doing with it? Caller: Standing/sitting/leaning against something and the gun is in a holster. Dispatch: That's not illegal sir. Caller: But I'm scared! Dispatch: It's still not illegal. Case closed! I also agree that the police taking the call should certainly know the laws that pertain to carrying firearms but what I can't understand is why a dispatcher would send them. If someone called 911 and said "Oh my god there's a twelve year old outside the DQ eating ice cream!!!" would an officer be sent? |
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Personally, from the information gleaned from all sources I have access to I have the conclusion that Norfolk is being particulary hard on people carrying. Also, I think they are profiling certain people so as NOT to seem racist.
I think the "up in your face LT should be fired and ALL the other cops severly disciplined. I also think the lawsuits should painfully large and very public. My case for punishing the police, look at the Military and the UCMJ to understand that people with positions of responsibility must be held accountable. I am not anti-cop, but it seems that whenever a bully cop does something stupid everybody whines about how tough their job is. I dont think it as tough as many military jobs where being late can cost half a months pay and 30 of restriction. My 2 cents on this matter. The anti-gunner ny wannabes can hold up "black rifle assault weapons" to further their agenda, it is time to expose them as 2nd Amendment hating single minded self promoting people they are. |
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