Detained for Open Carry, Portland, Maine 26MAY2012
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Detained for Open Carry, Portland, Maine 26MAY2012

This is a discussion on Detained for Open Carry, Portland, Maine 26MAY2012 within the Maine Discussion and Firearm News forums, part of the Firearms Discussion by State category; ...

  1. #1
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    Default Detained for Open Carry, Portland, Maine 26MAY2012


  2. #2
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    Was this the OP in the short film? And are there any more details?

  3. #3
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    good for the citizen he knows his rights! and stood his ground very well imo something we all should learn from
    thanks for the vid
    gun control is being able to hit your target

  4. #4
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    At least the officer remained courteous and professional to the best of his abilities. Too bad he was just obeying orders and good thing the guy knew his rights. At least that's my take on the issue

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    he's right !! good for him knowing his rights

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    Well done, bad cop no donuts for him.


    Hand cut, Hand stitched, Hand made

  7. #7
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    Treo's first rule of Police interactions:
    If you speak to the cops long enough you will say something they can use against you.

    Treo's second rule of police interactions
    As soon as you do they will

    I don't argue w/ cops, as soon as he approached me I'd have said " I do not consent to this interaction, am I free to go?"
    and I wouldn't have said anything else until he answered that question.

    Having said that CRS 18-12-204 states that I must present my permit upon demand of a police officer so I would have turned it over when he asked and Colorado law authorizes the officer to disarm me during a stop but only for the duration of the stop unless I'm being arrested. so I would have had to submit to that as well.

    Other than that

    Cop: We got a MWAG call

    Treo: Am I free to go?

    Cop: I just have to check it out.

    Treo: Am I free to go?

    Cop: Hey aren't you the guy that made all those awsome posts on usacarry.com?

    Treo: Am I free to go?

    Understand?
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  8. #8
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    ''Cop: Hey aren't you the guy that made all those awsome posts on usacarry.com?''

    rotflmao too funny heheheh
    gun control is being able to hit your target

  9. #9
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    My yearly detainment in Portland.

    I guess it's that time of year again. It seems every spring I get stopped by the Portland PD.

    I got video this time

    I also wrote an email to the police chief:

    Chief Sauschuck,

    On 26MAY2012 at about 17:15 I was stopped by Officer J McDonald. I recorded a video of the stop for my protection. You can view the video at

    Officer McDonald claimed to have received calls that I was walking around with a holstered firearm. This is a legal activity in Maine. He stopped me, put on gloves, and removed my weapon from me. I told him I do not consent to any searches or seizures. He unloaded my firearm and before ejecting the round from the chamber, he pointed my loaded firearm at my legs. This is unacceptable behavior.

    There are many things that need to be taken into account here. Terry v Ohio requires three criteria to be met in order to disarm an individual. The officer must have a suspicion that the individual is armed. The officer must have a suspicion that the individual is dangerous. Thirdly, the officer must have a reasonable suspicion that the individual has committed or is about to commit a crime. Officer McDonald admitted in this video that the only reason he stopped me was for the legal carrying of my firearm and that he did not have any reason to suspect me of crime. Therefore, the seizure of my firearm was not allowed under Terry.

    Secondly, having no suspicion of crime, why was I not free to go? Delaware v Prouse says that an officer cannot detain someone without reasonable suspicion of crime. McDonald had none. This is a sign of poor training and I want to bring it to your attention so that it can be easily remedied. All of your officers should know that they must have a suspicion of an actual crime before making a detainment.

    Thirdly, Officer McDonald demanded my ID and would not return my firearm to me when I requested to end the encounter. Maine law in Title 17A Sec 15-A only requires someone to provide their name and DOB if the officer is issuing a summons to the individual. The officer said he needed to see my ID to ensure that I was not a felon. When asked if he had any reason to believe I was a felon, he said he did not. Again, he is making demands and detaining me without suspicion of any criminal activity. Terry requires more than a mere hunch to initiate a detainment. Hiibel v Nevada and Brown v Texas both require reasonable suspicion of crime before demanding an ID.

    Officer McDonald admitted that the only reason why he stopped me was because of my legally carried firearm. I would like to point you to US v DeBerry from the 7th Circuit. In that ruling a federal judge said that a the presence of a firearm where legal to possess cannot by itself be reasonable suspicion of criminal activity.

    I believe that a lot of progress has been made under your direction to restore proper and legal police work in your city. I strongly believe that through proper training incidents such as this can be avoided. My suggestion to officers responding to a legally armed man in the future is this: Attempt to initiate a consensual encounter. If the individual does not consent to a police encounter, then observe that individual until such time that the officer develops a reasonable suspicion that crime is afoot. Only then should a detainment be made.

    If you would like to discuss this further, please feel free to call. I am not a litigious person, but I do not appreciate violations of my rights.

    Signed,
    XXXXXXXXXX
    Phone: XXX-XXX-XXXX

  10. #10
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    I have to ask. What is the big deal with giving a LOE your info if they stop you and ask for it? I am asking because I have seen a couple of different videos like this and I am really interested in the reason why.
    Also if you were carrying concealed would the situation been different?

    Now please do not take this the wrong way because I do not mean anything by this.

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