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Judge throws out concealed carry charge against Bartlett
cantonRep.com ^ | 11-9-2011 | Staff

Posted on 11/09/2011 2:44:36 PM PST by Total Package

A judge threw out the concealed carry charge against a driver at the center of a controversial traffic stop.

After city prosecutors finished their case Wednesday afternoon, Municipal Court Judge Stephen Belden granted the defense motion to dismiss the most serious charge against William Bartlett of Brewster, arguing there was not enough evidence to continue the trial.

(Excerpt) Read more at cantonrep.com ...


TOPICS:
KEYWORDS: banglist; bartlett; braking; concealcarry; cop; danielharless; harless; oh
Now the Canton officer needs to go on trial and be fired from the department. I am glad to see William Bartlett is free and a big thank you to OFCC.
1 posted on 11/09/2011 2:44:42 PM PST by Total Package
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To: Total Package

He tried to tell the officer he was carrying concealed but was cut off. He can now sue the officer for abusing his authority under color of law and making an illegal arrest.


2 posted on 11/09/2011 2:48:26 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Total Package

In most cases it is only a recommendation that you notify the officer, but it is not required. In his case, he said he was trying to tell the officer but was not given the opportunity.
Sounds like an IA investigation will commence. Once they find out the facts, the officer should be fired.


3 posted on 11/09/2011 2:50:17 PM PST by GunPkrBkr (I'd rather be judged by twelve, than carried by six.)
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To: Total Package

Whoever runs that cop dept. needs to go too.


4 posted on 11/09/2011 2:50:31 PM PST by Paladin2
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To: marktwain

Ping!
Remember this case?


5 posted on 11/09/2011 2:52:37 PM PST by RandallFlagg (Look for the union label, then buy elsewhere.)
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To: RandallFlagg

An oldie but a goodie.


6 posted on 11/09/2011 3:01:20 PM PST by PieterCasparzen (We have to fix things ourselves)
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To: GunPkrBkr
"Harless was put on administrative leave in June and later went on medical leave. A disciplinary hearing is set for Dec. 1 regarding his actions with Bartlett and two other traffic stops."

If a disciplinary hearing is scheduled I think they have concluded the Internal Affairs part of the investigation.

7 posted on 11/09/2011 3:35:20 PM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: goldstategop

That is the only real way to make sure this sort of thing doesn’t continue. If the police know they are going to be in deep s*** and lose a ton of money, then they will do something about it. Heard it worked real well in Arizona (I THINK, possabley another south western state) when the police arrested a guy for open carrying. State law says that locals can’t make more restrictive laws so now they are minding their manners.


8 posted on 11/09/2011 3:42:54 PM PST by nerdwithagun (I'd rather go gun to gun then knife to knife.)
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To: GunPkrBkr

Didn’t the ragin’ cop threaten to kill the guy? Sounds like some jail time might be good, too.


9 posted on 11/09/2011 4:08:50 PM PST by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: Paladin2

CCW ping for a POS LEO.


10 posted on 11/09/2011 4:32:50 PM PST by Bshaw (A nefarious deceit is upon us all!)
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To: Total Package; Joe Brower; Eaker; B4Ranch; Squantos; Pete-R-Bilt; humblegunner; SouthTexas

As of last year, there is no requirement for a permit to carry in your car in my state, nor is there a requirement to tell an officer you’re exercising that right. This did not lead to full felony stops for a broken tail light, and to date, no other differences that I can discern. Police are trained and aware that any stop can go south, and at the trooper/patrol/deputy/officer level of the blue hierarchy the fact that the populace can carry is welcomed.

The last time I was stopped was in 1979 for not wearing a helmet on a military base, so I don’t have a lot of experience in the matter, but the very last thing I would do, if pulled over, is spout: “I’ve got a gun.” If a cop asked me to exit my vehicle, I would likely point out that my hands are on the steering wheel, I have a current carry permit (which you already know since you ran my tag) and I have a sidearm on my right hip under the seat belt release, and ask him how he would like to handle the situation in a calm and orderly manner. (An armed society is a polite society. I’m a polite person.)

In the case in this article, the cop is either a control freak, or sucking up to the administration which is, unlike the average street cop, anti-carry. Or both. Top and bottom needs some shaking up in this case. Somebody needs some damned training, and those actually responsible for this abortion are not out pulling cars over. Had the civilian been a bad guy, this cop would have more than likely been in a world of brown and stinky, yet they went after the civilian, and the judge and jury sorted the turds left in the wake. This town needs an enema.


11 posted on 11/09/2011 4:38:18 PM PST by glock rocks (Wait, what? Channel surfing without a remote since 2001)
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To: GunPkrBkr
I seem to recall that the instructors in my CCW class stated that when stopped for any reason by a law enforcement officer Ohio law requires the warrant holder to inform him of that status. Could be wrong, but that's what I remember. Even of it's a "suggestion" it's a good one and it's what this fellow tried to do but couldn't because of an out of control and amped up member of Canton's Finest. Hands on the steering wheel and in plain sight as you tell him is also a good suggestion. My one "encounter" under those circumstances was extremely polite and tension free.
12 posted on 11/09/2011 4:46:15 PM PST by katana (Just my opinions)
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To: glock rocks

I remember this video being posted.

Also remember the days when the cops knew you were armed because the rifles and shotguns were hanging right behind you.


13 posted on 11/09/2011 4:58:59 PM PST by SouthTexas (You cannot bargain with the devil, shut the government down.)
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To: GunPkrBkr

“In most cases it is only a recommendation that you notify the officer, but it is not required.”

In Ohio it’s a requirement if the contact with the officer is an “official contact”. That means that if you and an officer are casually discussing Sunday’s game in line at McD’s, there’s no need to notify. If the officer starts to interview you about the robbery at McD’s, you need to notify.


14 posted on 11/09/2011 5:06:37 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: glock rocks

In Texas one has to state that they have a CHL and whether or not they have a firearm with them if asked for ID in an official capacity.

Cop should be fired, jailed, fined and sued into poverty.


15 posted on 11/09/2011 5:45:00 PM PST by Eaker (Nothing even remotely praising Romney should be posted because one should stick to the truth.)
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To: Eaker; glock rocks

Yeah what you said !

Lifetime CONUS wide revocation of his certs and commission as well so he don’t terrorize podunk poohvilles with his BS anger issues later ........

No room for bad cops. We had one, he’s gone now .......;o)

Stay safe Ya’ll !!!!!


16 posted on 11/09/2011 5:50:10 PM PST by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: SouthTexas

Still that way here with rifles and shotguns. Can’t be loaded (chambered) though. Hunting laws, and common sense forbid that, unless you like holes in the side of your cab. Pistols and revolvers can be chambered. Same in Nevada, though once you reach California, I hear you can be taken down in a felony stop for having a copy of American Rifleman plainly visible on your seat.


17 posted on 11/09/2011 5:50:27 PM PST by glock rocks (Wait, what? Channel surfing without a remote since 2001)
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To: Squantos

Exactly. Unless they pull his post cert with a felony, he’ll just move and continue. Otherwise, he’ll surface as a Barney Fife security watchman in the paper after he shoots a delivery man.


18 posted on 11/09/2011 5:57:51 PM PST by glock rocks (Wait, what? Channel surfing without a remote since 2001)
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To: KrisKrinkle

I thought this was true in most cases. In Wisconsin, it is not required, only recommended. Most responsible CCW permit holders will notify the officer upon a stop. I certainly would. It makes for a much more polite interaction with an officer. I guess not in this case.


19 posted on 11/09/2011 6:29:15 PM PST by GunPkrBkr (I'd rather be judged by twelve, than carried by six.)
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To: glock rocks
once you reach California, I hear you can be taken down in a felony stop for having a copy of American Rifleman

Or the Constitution.

20 posted on 11/09/2011 6:55:29 PM PST by SouthTexas (You cannot bargain with the devil, shut the government down.)
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To: Eaker

The requirement to state that you have a CHL and statements about the firearm were changed last year. It is not longer required because the CHL is linked to your license. Common sense and courtesy should be followed and I have not received any flak from Texas state troopers or other police when stopped at checkpoints although I still inform them. Other states may be different.


21 posted on 11/09/2011 6:57:08 PM PST by RetiredTexasVet (There's a pill for just about everything ... except stupid!)
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To: SouthTexas

Good point.


22 posted on 11/09/2011 6:57:12 PM PST by glock rocks (Wait, what? Channel surfing without a remote since 2001)
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To: glock rocks
Unless they pull his post cert with a felony, he’ll just move and continue.

True, that. We had one of those two towns north of me -- she'd pull her sidearm on traffic stops for the most bizarre "reasons". They finally unloaded her after a lot of bad publicity on the media. (They hate that kind of attention.)

She moved one state north and within a couple months the same story started popping up there. That town had the smarts to dump her in a hurry. Don't know where she went from there.

My point (like yours) is that letting these people go without consequences just moves the problem, not solves it.
23 posted on 11/10/2011 5:36:23 AM PST by Peet (Cogito ergo dubito.)
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