Posted on 05/20/2015 11:00:32 AM PDT by reaganaut1
If you’re out in public, minding your own business and breaking no law, you shouldn’t have to fear being arrested, handcuffed, and tossed into a squad car.
But if you are so treated, can you sue the officer for damages? That is the substance of an Ohio case recently decided by the Sixth Circuit, where a man had been arrested for legally carrying a gun. The court’s ruling in favor of the plaintiff is good news not just for gun owners, but all other Americans who might now be spared arrest, humiliation, or worse.
Here’s what happened. Shawn Northrup and his wife took their dog out for a walk one evening in June, 2010 in their city of residence, Toledo. He was wearing a visible gun holster with a pistol showing, which he knew was perfectly legal under Ohio law. Northrup also has a concealed carry permit, but that wasn’t the issue since it is legal to openly carry firearms in Ohio.
Alas, the Northrups’ peaceful walk was interrupted when a passing motorcycle rider noticed the holster, then stopped and yelled, “You can’t walk around with a gun like that!” Denise Northrup replied that he was mistaken and her husband was completely within his rights.
Acting in that great American tradition of busybodyism, the motorcyclist figured that this couple out walking their dog was so fraught with danger that he called 911 to report the emergency. Remarkably, the 911 dispatcher happened to know that openly carrying a weapon is legal – but nevertheless she notified the Toledo police about this dire situation.
(Excerpt) Read more at forbes.com ...
... hopefully one day I won’t be told to pound sand by a convicted felon who then goes and shoots someone.
***********
The convicted felon won’t be open carrying.
As to the why.. I don’t believe we can disregard the call as a matter of course. I know that we can disregard non police related calls. But the ECC center dispatches the call. When I arrive, I look at the person to see if he is known for any reason. If he is a known felon...obvious problem...if not...proceed constitutionally
Around here I wouldn’t be sure..
Thanks. I can see how such an approach would calm the caller down, and also educate them at the same time so that in the future they won’t be calling again, saving everyone time and trouble.
If you have time to go speak with the legal open carrier, you should have the time to talk to the complainant and nicely explain why they are wasting your time, that of the 911 operator, and that of the legal open carrier.
THe correct answer would be to cite or arrest the person that made the FALSE 911 Call in the first place. That is how you inform them.
bkmk
After you break down their door, shoot their dog and stomp to death their cat or 97 year old Grandfather. /s
Unfortunately it doesn’t work that way...
Fair snuff...except that most of the time they remain anonymous...
As well I have to make sure it wasn’t the management of the establishment that called to have them removed. Again...it’s a pain in the a$$.
Then why didn’t you tell the complainant that? Why bother some guy just having a cup of coffee? Go tell the idiot who dialed 911 that no crime was being committed.
L
If the complainant is anonymous...it’s a little hard to tell them anything. I don’t take the calls...I respond to them. The calls come in through a emergency communications center. They dispatch...I respond...kinda simple that way
To your point though...our ECC does not have any sworn law enforcement or fire personnel in it. If there was a lot of these calls could be squashed there. It is a seperate entity
Let’s say the cop doesn’t speak to him. The guy with the gun gets up and starts shooting up the place. The public is going to say “There was a cop right there and they never even talked to him”.
I worked EMS in the 70’s and we had to beg people to go to the hospital to avoid the whole “The ambulance came but they didn’t do nuthin” response.
Actually, the shooter in Chapel Hill walked around with a rifle before opening fire. Sometimes they do and sometimes they don’t.
I cannot go as far as some of these comments.
Cops need immunity when they perform actions that they reasonably thought were lawful, authorized and within Constitutional bounds (ummm lawful). Otherwise they will all have to carry huge liability policies and wages will have to double or more.
But that is not the case here and this cop needs to feel the pain.
Arrogance under color of law has to end.
And that...right there...is the position we are out in. Trying to please everyone...try to do the right hing...and hope it doesn’t bite us in the ass later....but it usually will no matter what we do
You’d think the dispatchers would be trained to know that open carry isn’t illegal in your jurisdiction. I worked for awhile as a dispatcher in a PSAP and I’d love to have a nickel for every timeI heard a dispatcher say “that’s not against the law” to a caller.
L
That would be a huge weight off the patrol officers shoulders... It with the sue happy people out there...everything about the communication center is designed to limit liability. Get the info ( and as little as possible mind you) get the call dispatched...and if there are pending calls...let the patrol supervisor know so the monkey is off the centers back...and it all falls on patrol
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.