WI open carry aquittal

[elkhuntCO]

Wisconsin man acquitted in open carry case.

West Allis man not guilty in open carry gun case - JSOnline

This was all wrong from the get go. He should take the neighbor to court for invasion of his privacy. People are ridiculous and have no respect for private property anymore.

Semper Fi

[Big Gay Al]

Originally Posted by elkhuntCO

Wisconsin man acquitted in open carry case.

West Allis man not guilty in open carry gun case - JSOnline

This was all wrong from the get go. He should take the neighbor to court for invasion of his privacy. People are ridiculous and have no respect for private property anymore.

Semper Fi

The neighbor simply called to ask police if it was legal, it was the PD who over reacted. The link you posted doesn't contain the whole story. You have to find an older article that goes back to the day after it happened.

[rayven]

Originally Posted by elkhuntCO

He should take the neighbor to court for invasion of his privacy. People are ridiculous and have no respect for private property anymore.

There was no invasion of privacy. He was outside in plain view, so no expectation of privacy applies. Plus, the neighbor simply called police and asked if it was legal. If my neighbor did the same thing, I wouldn't hold it against him.

The police, however, handled it horribly from the start. Guns drawn onto the property without even taking the time to figure out if the man was a threat. Considering that OC is legal where Mr. Krause was (there is no CC allowed in WI -- OC is the only legal way), there shouldn't have even been an investigation.

Regardless, they put him in jeopardy, arrested him, stole his gun, and put him through all of this turmoil because they didn't know the law. The man has a legitimate complaint, and I wouldn't be surprised if he files a lawsuit against the officers, city, and state. He probably should, just to provide a precedent.

[Glockster20]

Originally Posted by rayven

There was no invasion of privacy. He was outside in plain view, so no expectation of privacy applies. Plus, the neighbor simply called police and asked if it was legal. If my neighbor did the same thing, I wouldn't hold it against him.

The police, however, handled it horribly from the start. Guns drawn onto the property without even taking the time to figure out if the man was a threat. Considering that OC is legal where Mr. Krause was (there is no CC allowed in WI -- OC is the only legal way), there shouldn't have even been an investigation.

Regardless, they put him in jeopardy, arrested him, stole his gun, and put him through all of this turmoil because they didn't know the law. The man has a legitimate complaint, and I wouldn't be surprised if he files a lawsuit against the officers, city, and state. He probably should, just to provide a precedent.

He absolutely should pursue a lawsuit in this case! I would!

[Big Gay Al]

Originally Posted by Glockster20

He absolutely should pursue a lawsuit in this case! I would!

Against the government that persecuted him, absolutely!

[rayven]

Originally Posted by Big Gay Al

Against the government that persecuted him, absolutely!

As well as the individual officers involved. I don't know what the law is in WI, but in my state, we have an "official oppression" statute. If an officer harasses or arrests someone who is doing something legal, and the officer should know that there is no crime, then the officer can be tried as well.

Hopefully WI has the same type of thing and the officers involved get reprimanded or disciplined in some way. At the very least, they should be retrained.

[HK4U]

Police departments need to make sure their officers know the law.

[Boomboy007]

When I was a patrol officer, there was a book containing all of the relevant state and federal statutes in every patrol car. This first thing that I learned in the academy was, when in doubt, LOOK IT UP!

The second thing that I learned was, if after unsuccessfully trying to look it up, ASK A SUPERVISOR!

In fact, I am sure that the man arrested could probably have provided them the statute number himself.