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Milwaukee police chief Ed Flynn borrows a page from Bull Connors' playbook
DC Gun Rights Examiner ^ | 24 April, 2009 | Mike Stollenwerk

Posted on 04/24/2009 4:19:59 PM PDT by marktwain

Earlier this week WISN.com TV News caught on video a consensual encounter between West Allis police officers and Brad Krause who happened to be open carrying a holstered handgun in public. Like the old Roman saying, the police officers' action can be described simply as: they came, they saw, they left.

In states where open carry has become popular the police often don't even come anymore unless they see or are told of actual unlawful conduct.

But while Wisconsin gun owners like Mr. Krause prepare to play ball with consensual police inquiries into their orderly open carrying of holstered handguns, Milwaukee police chief Ed Flynn appears to be borrowing a page from Bull Connors' playbook. As the Birmingham, AL Public Safety Commissioner in the 1960s, Bull Connors became a symbol of bigotry by using fire hoses and police attack dogs against protest marchers.

Now comes Milwaukee police chief Ed Flynn - hailing recently from Massachusetts but acting like he's from the old South - telling his officers to "take down anyone with a firearm despite Attorney General J.B. Van Hollen's finding that people can carry guns openly if they do it peacefully." Chortled Flynn, "My message to my troops is if you see anybody carrying a gun on the streets of Milwaukee, we'll put them on the ground, take the gun away and then decide whether you have a right to carry it."

With good reason, Reason Magazine notes "You know you have a problem when the chief refers to peace officers as 'troops.'"

But Flynn's not done - he also announced that "If you're carrying a gun in Milwaukee, you're going to comply with our lawful orders. Unless, you're going to have your permit tattooed to your head, I don't know how you're going to get around that."

Lawful order to whom Chief Flynn? The mother open carrying in a park while her kids feed the ducks?

And what permit? Like most states, no permit is needed to open carry in Wisconsin.

Absent reasonable articulable suspicion of criminal activity, the police have no more lawful power to "take down" a person openly carrying a handgun than they have to "take down" folks open carrying cell phones. And in the face of unlawful police conduct, citizens have no duty to obey unlawful police orders, answer questions, or relinquish their firearms.

And if the police then use force or threats of force to compel citizen compliance, this Fourth Amendment violation leads to both (1) suppression of evidence of any wrongdoing (i.e., bad guys get off the hook) and (2) suits against the city and the officers in their personal capacity (i.e., taxpayers pay good guys). Is that what the City Council of Milwaukee wants to happen?

Let's review the relevant paragraphs from Wisconsin Attorney General J.B. Van Hollen's Memorandum on Open Carry:

8. Finally, several law enforcement agencies have asked whether, in light of Article I, § 25, they may stop a person openly carrying a firearm in public to investigate possible criminal activity, including disorderly conduct. We say yes. An officer may stop and briefly detain a person for investigative purposes (known as an investigative or Terry stop) if he has "reasonable suspicion," based on articulable facts, of criminal activity. Illinois v. Wardlow, 528 U.S. 119, 123 (2000); United States v. Sokolow, 490 U.S. 1, 7 (1989); Terry v. Ohio, 392 U.S. 1, 30 (1968). The existence of reasonable suspicion depends on the totality of the circumstances, including the information known to the officer and any reasonable inferences to be drawn at the time of the stop. United States v. Arvizu, 544 U.S. 266 (2002) (reaffirming "totality of the circumstances" test). Even though open carry enjoys constitutional protection, it may still give rise to reasonable suspicion when considered in totality. It is not a shield against police investigation or subsequent prosecution. See State v. Anderson, 155 Wis. 2d 77, 84, 454 N.W.2d 763 (1990) (police officers not required to first eliminate the possibility of innocent behavior before making investigatory stop).

9. And "even when officers have no basis for suspecting a particular individual, they may generally ask questions of that individual, [and] ask to examine the individual's identification," as long as the police do not convey a message that compliance is mandatory. Florida v. Bostick, 501 U.S. 429, 434-35 (1991). The Fourth Amendment does not prevent police from making voluntary or consensual contact with persons engaged in constitutionally protected conduct. See United States v. Mendenhall, 446 U.S. 544, 553-54 (1980). Accordingly, a law enforcement officer does not violate the Fourth Amendment by approaching an individual in public and asking questions. Florida v. Royer, 460 U.S. 491, 497 (1983). An officer may approach and question someone as long as the questions, the circumstances and the officer's behavior do not convey to the subject that he must comply with the requests. Bostick, 501 U.S. at 435-36. The person approached need not answer any questions. As long as he or she remains free to walk away, there has been no intrusion on liberty requiring a particularized and objective Fourth Amendment justification. See Mendenhall, 446 U.S. at 554.

Chief Flynn's unprofessional, emotional, and lawless reaction to the Attorney General's frankly legally unremarkable memo makes him appear to be a danger to himself and others, and the Constitutions of Wisconsin and the United States. If the ACLU and police union leadership of Milwaukee are not very concerned right now, they ought to be.


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Wisconsin
KEYWORDS: banglist; flynn; opencarry; wi
Very good analysis. Chief Flynn has set himself up for very expensive civil rights lawsuits. Why am I not surprised that he is from Massachusetts? It says a great deal that he *assumes* that a person needs a permit to carry a firearm, and is totally ignorant of Wisconsin law in this regard.
1 posted on 04/24/2009 4:19:59 PM PDT by marktwain
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To: marktwain
"My message to my troops is if you see anybody carrying a gun on the streets of Milwaukee, we'll put them on the ground, take the gun away and then decide whether you have a right to carry it."

A sign of things to come? The police have the authority to violate civil rights right on the spot.

Courts don't fail us now.

2 posted on 04/24/2009 4:34:24 PM PDT by oyez (To the extent veterans read it as an accusation -- and apology is owed(i.e. not given))
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To: neverdem; Travis McGee

-ping-


3 posted on 04/24/2009 4:42:46 PM PDT by rellimpank (--don't believe anything the MSM tells you about firearms or explosives--NRA Benefactor)
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To: marktwain

—more from the local media—

http://www.jsonline.com/news/opinion/43389622.html


4 posted on 04/24/2009 4:46:04 PM PDT by rellimpank (--don't believe anything the MSM tells you about firearms or explosives--NRA Benefactor)
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To: marktwain
"If you're carrying a gun in Milwaukee, you're going to comply with our lawful orders.

Lawful being the operative word.

5 posted on 04/24/2009 4:51:47 PM PDT by Poison Pill (Help, I've voted Republican and I can't get up!)
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To: marktwain; All

This article is from another Wisconsin paper:

http://www.freerepublic.com/focus/f-news/2237278/posts


6 posted on 04/24/2009 4:57:19 PM PDT by marktwain
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To: marktwain; Joe Brower

It’s them damned uppity Constitution fanatics again!


7 posted on 04/24/2009 4:58:01 PM PDT by Travis McGee ("Foreign Enemies And Traitors" will be ready the first week of May.)
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To: rellimpank

Thanks for the ping.


8 posted on 04/24/2009 5:08:55 PM PDT by neverdem (Xin loi minh oi)
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To: marktwain

Lawsuits are one thing, but has the chief set himself up for *criminal* prosecution? That is, if he issues this as an order to his subordinates, he runs afoul of the SCOTUS assertion that:

“Under ‘color of law’, it is a *crime* for one or more persons using power given to him or her by a governmental agency (local, state or federal), to willfully deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. Enforcement of ‘color of law’ does not require that any racial, religious, or other discriminatory motive existed. Criminal acts under color of law include acts within and beyond the bounds or limits of lawful authority.”


9 posted on 04/24/2009 5:30:32 PM PDT by yefragetuwrabrumuy
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To: yefragetuwrabrumuy
Well, the 2nd Amendment has not been incorporated in the 7th Circuit as yet, so he probably could not be prosecuted for violating the 2nd Amendment. It appears he might be prosecuted for violating Wisconsin's Keep and Bear Arms Constitutional protection, which is arguably stronger than the 2nd Amendment, as the federal Constitution guarantees a “republican government” to the States.
10 posted on 04/24/2009 5:56:32 PM PDT by marktwain
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To: marktwain
Once again the editors have been let go or our on something. A copy editor should have been the first to pick up the fact they have his name wrong, again. His name was not Conners, but Conner.
11 posted on 04/24/2009 6:07:28 PM PDT by jwparkerjr (God Bless America!)
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To: yefragetuwrabrumuy

Ping for later


12 posted on 04/24/2009 6:28:07 PM PDT by LeoOshkosh (Crazy Leo is right again)
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To: jwparkerjr
“Once again the editors have been let go or our on something.”


Errors in spelling tend to propagate. Wouldn't that be “are on something”?

I prefer Jefferson's’ attitude: “Its a poor mind that can not think of more than one way to spell a word.”

13 posted on 04/24/2009 6:54:27 PM PDT by marktwain
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To: marktwain; All
Here is some more information about Chief Flynn:

“Chief Flynn, it should be noted, has mingled with the elite. Before being tapped to head the scandal-plagued Milwaukee PD in January 2008, he had been police commissioner in Springfield, Massachusetts and served stints as Chief of Police in Braintree and Chelsea, as well as Arlington, Virginia. He also served as Mitt Romney's Homeland Security adviser.

Flynn is a graduate of the FBI National Academy in Quantico, the National Executive Institute, and a former fellow at the Harvard School of Government. He sits on the Executive Committee of the International Association of Chiefs of Police and the Board of Directors of the Council of State Governments Justice Center.

Clearly, Flynn is no marginal figure, a fact that makes his perspective on civilian disarmament and militarization of law enforcement a matter of national concern.”

14 posted on 04/24/2009 7:37:14 PM PDT by marktwain
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To: oyez; All

This really caught my eye. He has only been in Milwaukee three months, and he is already working hard to violate peoples rights.

“Before being tapped to head the scandal-plagued Milwaukee PD in January 2008”


15 posted on 04/24/2009 7:39:16 PM PDT by marktwain
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To: yefragetuwrabrumuy
its all fun-n-games till somebody gets dead...

youd think that some of his 'fbi acadamy' alumni would be concerned...

16 posted on 04/24/2009 8:17:31 PM PDT by Gilbo_3 ("JesusChrist 08"...Trust in the Lord......=...LiveFReeOr Die...)
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To: marktwain

Very good!


17 posted on 04/25/2009 5:04:44 AM PDT by jwparkerjr (God Bless America!)
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To: Travis McGee
Flynn strikes me as just another pin-dicked, little Hitler hiding behind a badge.

Doom on him and all like him.

Click the Gadsden flag for pro-gun resources!

18 posted on 04/25/2009 5:41:42 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: yefragetuwrabrumuy

Bingo.

Could you give me a reference to that?


19 posted on 04/25/2009 9:27:36 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: marktwain

“Before being tapped to head the scandal-plagued Milwaukee PD in January 2008”

I think that’s a year-and-three-months.


20 posted on 04/25/2009 10:04:44 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: OneWingedShark

http://en.wikipedia.org/wiki/Color_of_law


21 posted on 04/25/2009 10:23:11 AM PDT by yefragetuwrabrumuy
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To: DuncanWaring

Thanks.


22 posted on 04/25/2009 5:34:39 PM PDT by marktwain
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To: marktwain
I'm going to be in Milwaukee visiting some friends next month.

I may just end up owning the Police Chief's house by the time I'm done with the City of Milwaukee.

And any Milwaukee cop who lays a hand on me is going to find him or herself answering an action under 18USC242.

L

23 posted on 04/25/2009 5:42:14 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: marktwain
He also served as Mitt Romney's Homeland Security adviser.

Fascists of a feather...

24 posted on 04/25/2009 5:47:17 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Lurker

Be aware that Wisconsin passed a “mirror” of the federal school zone gun ban, and says it is illegal to carry a holstered gun within 1000 feet of a school. I do not think that would hold up if taken to the Supreme Court, but it is something to consider.


25 posted on 04/25/2009 6:01:06 PM PDT by marktwain
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To: marktwain
Be aware that Wisconsin passed a “mirror” of the federal school zone gun ban, and says it is illegal to carry a holstered gun within 1000 feet of a school.

SCOTUS struck that down with the Lopez Decision.

L

26 posted on 04/25/2009 6:08:27 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Lurker
“SCOTUS struck that down with the Lopez Decision.”

Yes, but that was the Federal version. Also, Bill Clinton extorted the Congress to re-pass another version a year later that claimed that it was Constitutional because the Congress said that it was *interstate commerce*. As far as I know, no prosecutions have been done under the second law, and it has never been challanged.

I don't know if any prosecutions have been done under the Wisconsin law.

27 posted on 04/25/2009 10:20:17 PM PDT by marktwain
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