Another Wal Mart LEO Encounter

[Deserteagle]

Sorry, but no such duty exists.

http://gunrightsalert.com/documents/...444_A_2d_1.pdf



In this case, people were actually raped and the court ruled the police had no duty to do anything about it.

Your quote is referencing the fact that police are not required to protect individuals. Not being required to provide personal protection is different than not being required to investigate possible crimes.

[NavyLCDR]

Your quote is referencing the fact that police are not required to protect individuals. Not being required to provide personal protection is different than not being required to investigate possible crimes.

However, in the situation presented in the OP, there was no reasonable suspicion of a possible crime to investigate.

That being said, we have no idea the real intent of the deputies because the subject immediately waived his rights.

[Firefighterchen]

For example:

Officer: hello sir, do you know why we were called it here?
Lac: hello, no sir.
Officer: a citizen called because you are carrying a gun.
Lac: I see, since that is legal, am I free to go?
Officer: Yes.
Lac: Good day (walks away)

Or

Officer: no, can I see id?
Lac: I do not consent to any searches, and I will remain silent during this detainment. (remains silent, follows orders of the police, contacts an attorney and files a complaint)

It would be more like

Officer: hello sir, do you know why we were called it here?
Lac: Am I free to go?

Man my Swyping was terrible on that last post. "why we were called it here? " lol lol

Why do you choose to ask that though, instead of the detaining question?

[Deserteagle]

However, in the situation presented in the OP, there was no reasonable suspicion of a possible crime to investigate.

That being said, we have no idea the real intent of the deputies because the subject immediately waived his rights.

There was no reasonable suspicion that a crime was being committed which is true, but they dont need RS to start up a conversation and ask for ID. They couldnt demand ID or detain him though obviously. This confrontation was purely voluntary, and the police did not violate his rights, so I still vote for thumbs up.

[Treo]

Man my Swyping was terrible on that last post. "why we were called it here? " lol lol

Why do you choose to ask that though, instead of the detaining question?

Because If I ask "Am I free to go?" it establishes whether or not I'm being detained.

"Am I free to go?"

"Yes."

I can't be free to go and detained at the same time.

[Treo]

There was no reasonable suspicion that a crime was being committed which is true, but they dont need RS to start up a conversation and ask for ID. They couldnt demand ID or detain him though obviously. This confrontation was purely voluntary, and the police did not violate his rights, so I still vote for thumbs up.

That's what NLCDR meant when he said the guy waived his rights immediately. If a cop approaches you and you don't establish immediately that the stop is non consensual it's going to be assumed that it is. Except the obvious when you've been pulled over (you are being detained you are not free to go)the first words out of your mouth should always be "I do not consent to this interaction, am I free to go?" There is now no way in Hell that cop can say the stop was consensual.

[CAPTAINJACK]

WALMARTs in the Tulsa Oklahoma area say they were told by their corporate office in benttonville Ark. to take down their no guns allowed signs as per the law,meaning if they prohibit you from carrying your legal to carry firearm into their establishment for self protection, then they are legaly liable for your protection. The Walmarts around here do not want that liability.but we only have ccw not open carry so if we are carrying according to the law no one should ever see it anyway.

[RogDog]

I wonder if it would be possible to turn this around by requesting to sign a complaint against the false accuser? Wouldn't the deputies then have the obligation to contact the caller?

I'm not sure if the man committed a crime against the OP or against the "system." One might argue that the OP did suffer damage by the action of the caller. I suppose it's a matter of standing.

[Treo]

WALMARTs in the Tulsa Oklahoma area say they were told by their corporate office in benttonville Ark. to take down their no guns allowed signs as per the law,meaning if they prohibit you from carrying your legal to carry firearm into their establishment for self protection, then they are legaly liable for your protection. The Walmarts around here do not want that liability.but we only have ccw not open carry so if we are carrying according to the law no one should ever see it anyway.

I'd like to see a cite w/ the specific statate for that