WI:Appleton Officers Violate Rights of Two Open Carriers on Tape

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No, they were examplifying dissent, acting with civil disobedience, and they got documentation as to their own civility.

If YOU want to stand on the sidelines and referee, don't be complaining later when you cannot find your spine/rifle/pistol.

The APPs (Armed Prohibited Persons) are having their doors kicked in, in CA right now, by local LE paid with Federal monies to confiscate now and ask questions later. Now is NOT the time to be playing devil's advocate and manipulative troll, unless...
Again, I'm assuming YOU regularly open carry long guns, right? If not, YOU are pretty much sitting on the sidelines right beside me (apparently).

Oh, and my spine is in just the right place. A fact you'd have likely found out in short order if you weren't simply talking BS on the internet. Don't confuse a difference of opinion with being a bitch.
 
Again, I'm assuming YOU regularly open carry long guns, right? If not, YOU are pretty much sitting on the sidelines right beside me (apparently).

Oh, and my spine is in just the right place. A fact you'd have likely found out in short order if you weren't simply talking BS on the internet. Don't confuse a difference of opinion with being a bitch.
Was there really a need for swearing?
 
Thanks for the intermission, guys.

Some of you guys need to look up these two things:

RAS (reasonable articuable suspicion)

PC (probable cause)

They are very different things.

And I fail to see how LE had either.

Remember the part that comes after RAS or PC is 'that a crime was, is, or is about to be committed'

And no, that asinine "we don't know they aren't breaking the law" crap doesn't fly. LE doesn't get to so much as stop and detain somebody just to see if maybe they are breaking a law. Kinda like they can't pull you over just to see if you have a driver license, and kinda like how they can't just search your residence to make sure you aren't hiding a random dead body.
You're exactly right, Warp. There certainly wasn't any PC - that's not even worthy of being debated. As far as reasonable suspicion, even that is quite a stretch. The mere fact that people call 911 complaining about anything doesn't create reasonable suspicion. If there's nothing that can be corroborated, there's no RS. "Yep they're walking down the street carrying firearms openly and legally, just like the guy on the phone said." There's no RS here. And let's say for a minute that there was RS, just for the sake of argument. The only thing that would give the officers legal right to do is stop and frisk - 3 to 4 minutes to do a welfare check, max. A 45-minute detention is completely uncalled for, and absolutely constitutes unlawful detention.

You can hear the cops trying to rationalize the detention around the 14:10 mark: "Well open carry with a pistol is one thing but these guys had AR15s strapped to their backs..."
"Right, right."

Then again at 26 mins, one cop seems like he's trying to convince the others that these guys were violating the rights of the people at the farmers market. Pretty ridiculous.

Here's Wisconsin's statutory code for Disorderly Conduct:
947.01  Disorderly conduct.
(1) Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.
(2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.
I think they have a solid case, given the second point in the law.
 
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They obviously had the camera hoping the cops would stop them and they got their wish.
  1. I don't open carry.
  2. I don't carry a video camera.
  3. I NEVER leave the house armed without an audio recorder RUNNING.
I've seen and experienced enough things to NEVER trust strangers to tell the truth. That includes cops.

Just about EVERY recent high profile police misconduct case I can think of would NEVER have come to light without audio and or video recording.
 
I hate to break the news to some of you but some of the popular type of gun control laws resulted from fear of black people owning and carrying firearms. Some of them happen to pertain to open carry and brought to light during protests if I am not mistaken.
 
People like S&W620 are the problem. Afraid to exercise a constitutional right because it's not easy.
So you're saying you open carry a rifle through town?
I'm willing to bet a paycheck that Coop45 wouldn't pop his trunk open during a traffic stop just because "I'm driving and get pulled over and the cop asks to look in my trunk, have at it. I'm not concerned about some dude checking out my tire iron and jack. I'm a law abiding citizen and have nothing to hide."
 
I'm willing to bet a paycheck that Coop45 wouldn't pop his trunk open during a traffic stop just because "I'm driving and get pulled over and the cop asks to look in my trunk, have at it. I'm not concerned about some dude checking out my tire iron and jack. I'm a law abiding citizen and have nothing to hide."

I'm also willing to bet a paycheck that folks usually talk much more on the internet than they actually do in real life.

Allowing a cop to look in my trunk isn't giving up any right at all, it's simply allowing a cop to look in my trunk, don't confuse the two. Again, just because I can prohibit it doesn't mean I have to. Personally I'd rather save myself the 45 min these schmucks wasted and go on about my day than debate laws with cops.
 
Personally I'd rather save myself the 45 min these schmucks wasted and go on about my day than debate laws with cops.
You're still framing this incident in terms of "oh, that's a hassle which disrupts my day."

That misrepresents what these guys were doing. As I pointed out before, this is a TACTIC. (And a good one, which works.) They fully understood that they might spend an hour -- or possibly even a night in jail! -- to produce the change they want to see. ...Or, that they'd spend no time at all being hassled and so determine and show that the right is honored.

You wouldn't "waste your time" like this because this particular manifestation of the right is not important to you (apparently at all). That's fine, though it would be great to hear gun rights supporters express themselves that way rather than insulting, ridiculing, and essentially DISCOURAGING, those other gun rights supporters who are willing to invest some time and trouble into furthering the right.

Even if you will NEVER EVER EVER exercise your right to walk down the street with a firearm in plain sight, having that degree of freedom established and respected is a buffer between whatever it is you choose to do and encroaching oppressiveness by law enforcement. If you can visualize gun rights (or any rights, really) as a spectrum of activities that have outlying "extremes" of what is accepted as within your rights, it is always more comfortable to have someone else stand on and maintain those extremes for you. Then you can exercise whatever rights you DO care about comfortably and without worrying that you'll find your own activities on the "extreme" edge, and targeted for harassment.
 
You're still framing this incident in terms of "oh, that's a hassle which disrupts my day."

That misrepresents what these guys were doing. As I pointed out before, this is a TACTIC. (And a good one, which works.) They fully understood that they might spend an hour -- or possibly even a night in jail! -- to produce the change they want to see. ...Or, that they'd spend no time at all being hassled and so determine and show that the right is honored.

You wouldn't "waste your time" like this because this particular manifestation of the right is not important to you (apparently at all). That's fine, though it would be great to hear gun rights supporters express themselves that way rather than insulting, ridiculing, and essentially DISCOURAGING, those other gun rights supporters who are willing to invest some time and trouble into furthering the right.

Even if you will NEVER EVER EVER exercise your right to walk down the street with a firearm in plain sight, having that degree of freedom established and respected is a buffer between whatever it is you choose to do and encroaching oppressiveness by law enforcement. If you can visualize gun rights (or any rights, really) as a spectrum of activities that have outlying "extremes" of what is accepted as within your rights, it is always more comfortable to have someone else stand on and maintain those extremes for you. Then you can exercise whatever rights you DO care about comfortably and without worrying that you'll find your own activities on the "extreme" edge, and targeted for harassment.

What change are they hoping to see? We already have the right to do this. They want to change people's perception of the act and I don't believe this to be a sound way to do so.

They aren't furthering any right IMO, they are making gun owners look poor.

I just find it funny that these folks seem to have so much support yet no one seems to be following their lead and taking their AR's for a walk down Main St. I guess I would have expected more action and less talk if it were truly such a great idea.
 
Anyway you look at it, I don't take issue with police questioning IF it is done in a lawful and professional manner.
 
What change are they hoping to see?
We already went through this. They're hoping (and making an active effort) to see an end to the very police reaction that they got.

They're saying, if someone walks out their door with a rifle slung over their shoulder, my local police seem to be willing to harass them without lawful cause. I want to stop that, and I can do so by pushing that issue and then pursuing legal action against them to force them to stop.

Remember, in court a party has no standing to bring a suit unless they've been tangibly harmed by another party. So in all cases of seeking a judicial review and rectification of an issue, SOMEONE has to go out and draw fire. Then they have standing and can bring a case to court. It's called being a "test case."

A well-respected and brave thing to do.

We already have the right to do this.
Yeah, again, if you really don't mind the handcuffs! A right that you spend time in irons because you exercised is not fully a right.

They want to change people's perception of the act and I don't believe this to be a sound way to do so.
Maybe they do, probably they do. However, this appears to be a move to change POLICE RESPONSE which is not necessarily directly related to "people's perception." Police response can be changed through a court action as a result of a lawsuit.

They aren't furthering any right IMO, they are making gun owners look poor.
Well, opinions are what they are. Sure can't change your mind about whether you like seeing guns or not, but hopefully you're starting to understand the process they're working.

I just find it funny that these folks seem to have so much support yet no one seems to be following their lead and taking their AR's for a walk down Main St.
REALLY? This is happening all over the country! Heck, we had people show up at presidential election rallies with slung AR-15s last time around! There are tons of stories of open carrying as a show of solidarity, of political expression, as a means to change police departmental policy, and just as a matter of daily life for some.

I guess I would have expected more action and less talk if it were truly such a great idea.
Hey, the web (and THR) is full of these accounts. I'm not sure why you haven't seen them, but do some looking and you'll find they're a lot more common that (apparently) you think.
 
No Sam, I don't mean other folks on the internet, I mean you, and folks who share your view here on THR. You know, the folks telling me I'm wrong.

I've yet to hear a first person account of such an incident.
 
Wait, you're asking if I have open carried a rifle to challenge my local police's policy? No, I haven't. I live in an extremely gun-friendly township in an extremely gun-friendly county, in one of the most gun-friendly states in the country. I don't need to test this because it isn't an issue here. Folks carry firearms all the time, openly or not, without being hassled, so there is no need I've perceived to mount an effort to change police policy.

I don't have anywhere I routinely go with a long gun where it would be convenient to transport it slung, (hard to sit in a car that way and I'm not walking 20 miles to the range!) so I don't. If I did have some place to go that I could get to on foot or by bicycle and wanted a rifle with me, I would without any concern at all. Heck, some of the TEA party folks carried loaded ARs at their political rallies here -- I don't think I'm gonna get bothered. :)

As a mathematician once said, "You don't have to be boiled in soup to understand soup."

For what it's worth, I don't participate in sit-ins with black folks trying to establish their right to patronize businesses here, either. That's not a problem in our area, so there are no protest movements afoot to change police policy.

If either of these things were contentious issues here, I'd honestly be quite likely to participate in either and both!
 
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You're still framing this incident in terms of "oh, that's a hassle which disrupts my day."

That misrepresents what these guys were doing. As I pointed out before, this is a TACTIC. (And a good one, which works.) They fully understood that they might spend an hour -- or possibly even a night in jail! -- to produce the change they want to see. ...Or, that they'd spend no time at all being hassled and so determine and show that the right is honored.

You wouldn't "waste your time" like this because this particular manifestation of the right is not important to you (apparently at all). That's fine, though it would be great to hear gun rights supporters express themselves that way rather than insulting, ridiculing, and essentially DISCOURAGING, those other gun rights supporters who are willing to invest some time and trouble into furthering the right.

Even if you will NEVER EVER EVER exercise your right to walk down the street with a firearm in plain sight, having that degree of freedom established and respected is a buffer between whatever it is you choose to do and encroaching oppressiveness by law enforcement. If you can visualize gun rights (or any rights, really) as a spectrum of activities that have outlying "extremes" of what is accepted as within your rights, it is always more comfortable to have someone else stand on and maintain those extremes for you. Then you can exercise whatever rights you DO care about comfortably and without worrying that you'll find your own activities on the "extreme" edge, and targeted for harassment.

This is an excellently articulated post.

I am going to steal it (with credit) for later use, here and elsewhere. ;)

Anyway you look at it, I don't take issue with police questioning IF it is done in a lawful and professional manner.

Law enforcement detaining people requires that they articulate a reasonable suspicion that a crime was, is, or is about to be committed.

Please read the thread for some discussion on this.



No Sam, I don't mean other folks on the internet, I mean you, and folks who share your view here on THR. You know, the folks telling me I'm wrong.

I've yet to hear a first person account of such an incident.

I have open carried my rifle through town.

I wasn't going to mention it because this thread isn't supposed to be about you, or me, or Sam, but you seem to want it that way.

I have done so multiple times. AR15 slung, in the front, multiple times with a loaded magazine inserted (but with a chamber flag, for the benefit of the people at my destination who don't want loaded firearms handled in the store).

I got some interesting comments and sparked some good discussion, but nothing more.

(I also had a large Midway range bag in one hand)

So you can stop with this...whatever it is...line of insinuating insults against people ITT as if to call us out for not "putting our money where our mouth is"...or whatever it is you are going for.

What change are they hoping to see? We already have the right to do this.

No...they do NOT have the right to do that.

You don't have the Right to do something when you get disarmed, cuffed, and detained by LE for doing it.

This is a very simple concept. No matter how many times you claim otherwise, you are still wrong.
 
Interesting stuff.

I happen to be giving a week of training ending today to a Captain in a PD that happens to be in a town directly next to Appleton. We discussed this yesterday and I asked him what his department responce would be. The answer is two cars, one 50 yards or so away with a patrolman with a rifle ready to go, and a pair of officers in another car making a welfare-check, but nothing more. Note this though: They would have maintained visual contact with the carriers and followed them until they went home. While respecting the rights of the carriers, they also understand that this sort of behaviour is in contradiction with the general social contract between people in suburbia. You can't keep people from doing this, but you similarly can't keep the police from following you for hours.


The officers in Appleton are dead wrong for trying to drum up some idea of how they can charge these guys, and there's no doubt that the police will end up losing a court case. It's obvious misconduct. With that said, making contact with someone carrying a rifle where it's obviously not the norm makes good sense, and if this occured in my neighborhood it's exactly what I would want and expect.


Willie

.
 
Making contact? Yeah, I have no problem with that.

Following for hours? Hey, if that's what they want to do! :) I'd imagine they'd get pretty tired of it after a few days, but it sure would help with that nagging, "Where's a cop when you NEED one???" question!

Heck, I keep a couple cars full of them 100 yards behind me all day long! Now THAT's serving and protecting! :D
 
I learned the hard way not to allow the cops to search my vehicle without a warrant!

I have also learned over the years, that our rights are not "guaranteed"! We lose them if we don't use them.

If patriots don't stand up and fight for their rights, we won't have any!

Civil disobedience is a highly respected tactic to force change! And this wasn't even that! It was just two men, exercising their legal right!

I don't open carry, because I don't want the hassle, and I like the idea of tactical surprise if I ever need to use my weapon (Hey, I need all the advantage I can get). But the people who are willing to do so, have my respect and appreciation.

Besides, think about the practicalities of living in town. You don't have a car, or choose not to use it, how do you transport your gun to the range, the gun smith, or bring it home for that matter?

If you don't have the right to open carry the gun, then you are effectively barred from having one.

Some people have expressed disgust at the idea that these two people deliberately "baited" the cops. Well shame on the cops for taking that "bait".

Others have suggested that it is not "socially acceptable", well then, we need to make it socially acceptable. We won't change minds if we don't challenge the current mindset. The Jim Crow Laws and racism weren't overturned with out Civil Disobedience and people openly challenging what was "socially acceptable". And yeah, people bitched about people doing it at the time too, after all, all those uppity black people should just accept the status quo and quit upsetting social norms.
 
Again, I'm assuming YOU regularly open carry long guns, right? If not, YOU are pretty much sitting on the sidelines right beside me (apparently).

Oh, and my spine is in just the right place. A fact you'd have likely found out in short order if you weren't simply talking BS on the internet. Don't confuse a difference of opinion with being a bitch.

I work in the Criminal Justice systems-nowhere NEAR your sidelines buddy, and your armchair which you quarterback 2A activism scenarios from. Actually, I open carry long guns at work, on public property, and private property so you'll draw a squib on that end of your "debate".

We have no "difference of opinion", as you want to water your end down with. "Use it, or lose it" is a term which applies to many scenarios, and parts of your anatomy.

Oh, no comment on the APP confiscation teams in CA right now, momentarily funded with $24 Million in Federal tax dollars, which is just a beta test for the rest of the country?

If you want to allow the meaning of RKBA to be watered down to....? What is allowable/acceptable to you, per the 2A? You disagree with the (2) fellows in Appleton, so what is the acceptable 2A standard to you, that none of us should step beyond in order to maintain our rights, INYHO? Seriously,please reply in a civil manner.
 
How about people carrying loaded guns in holsters? Might they present a threat to the public as well? Seems to me like most of the people on this forum carry handguns in holsters in normal life. So why does that not make all of us an equal "possible" threat to public, and...therefore... we should be treated equally by the police according to your standards then, right? Only a small percentage of murders in this country are committed using rifles compared to those committed using a handgun. Seems like it is the people who carry handguns are the ones who are more likely to be the criminals, according to the statistics, so shouldn't it be the people carrying handguns that actually fall under more suspicion?
So you're really going to compare carrying holstered handguns to open carrying rifles? Really?
It is amazing the lengths to which people here dissemble on this. So carrying a rifle is like carrying a pistol. Carrying a rifle hoping to get noticed is like black people eating in a restaurant.
Hey, change the two white guys to two Muslims and see how it works out. Change it to two Hispanics and see how it works out. Perhaps an african muslim on the street with a knife is just like black people eating in a restaurant and we shouldn't disturb him or question him. Unless he happens to be this guy of course;
http://www.youtube.com/watch?v=EWebuK_n_8o
No reason to question or detain him prior to his beheading anyone. After all, carrying a knife is like carrying a set of keys, right?
 
So you're really going to compare carrying holstered handguns to open carrying rifles? Really?
Yes. Holster = sling. The most convenient, safe, and accepted way to transport a firearm stored on your body.

I'm curious how you've come to fall into a perception of a difference between rifles and handguns. Why do you believe you're comfortable around someone with a holstered handgun, but not a slung rifle? Did you have a traumatic experience with a rifle once that has made you more fearful of them than of handguns? Or is it just that you aren't as familiar with slung rifles as holstered handguns?

It is amazing the lengths to which people here dissemble on this.
Dissemble? "To conceal one's true motives, feelings, or beliefs." Really? Ok...what are YOUR true motives, feelings and beliefs? Are you concealing them? I don't believe I am, nor do I see anyone else appearing to conceal theirs. Unless they are simply afraid and reluctant to admit so.

Hey, change the two white guys to two Muslims and see how it works out. Change it to two Hispanics and see how it works out. Perhaps an african muslim on the street with a knife is just like black people eating in a restaurant and we shouldn't disturb him or question him.
Hey, GREAT point! Race should really play into whether someone gets "special" treatment from the police! Why should hispanics be allowed to carry weapons openly? Or black people? Can't they spend some time in cuffs if they try? That doesn't lean on their rights does it?

;)
 
I'm also willing to bet a paycheck that folks usually talk much more on the internet than they actually do in real life.

Allowing a cop to look in my trunk isn't giving up any right at all, it's simply allowing a cop to look in my trunk, don't confuse the two. Again, just because I can prohibit it doesn't mean I have to. Personally I'd rather save myself the 45 min these schmucks wasted and go on about my day than debate laws with cops.

Sure people talk bigger on the internet...but I can assure you, if a cop asked me if he could look in my trunk, my first question would be "Why?" and my response would be "I have nothing to hide...but no you may not."

"give them an inch and they will take a mile." A cop willing to search your vehicle, for no reason, even if they are asking for permission, is possibly capable of planting evidence too...

Cops are strangers. Strangers with power. How often would you trust a stranger to fumble through your personal property? Sorry, that badge doesn't make them any more trustworthy than any other stranger walking down the street.
 
Yes. Holster = sling. The most convenient, safe, and accepted way to transport a firearm stored on your body.

I'm curious how you've come to fall into a perception of a difference between rifles and handguns. Why do you believe you're comfortable around someone with a holstered handgun, but not a slung rifle? Did you have a traumatic experience with a rifle once that has made you more fearful of them than of handguns? Or is it just that you aren't as familiar with slung rifles as holstered handguns?
So in your mind there is no difference between a holstered pistol and a rifle? Interesting.

Your personal attacks on my integrity are hardly High Road. Try sticking to the topic.

These guys are attention hounds and they got the attention they sought. I dont see a problem here.
 
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