Arrested: Part 1

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TRGRHPY

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Ok, this is a long story because the incident(s) happen over several days. Do me a favor and don't start in with cop bashing. If you don't agree with their actions then keep the comment to that individual deputy regarding that specific action and not a blanket statement trying to pigeon-hole all officers. Thank you.


I had received a traffic ticket on January 14th of this year because my registration had expired and I hadn’t realized it. I was also ticketed because I couldn’t find my insurance card, although my insurance was valid and had not lapsed. My court date was to be on February 24th at 8am. My two children had been sick in the week leading up to this and I had been feeling ill and was unable to sleep the night of the 23rd/24th and completely forgot that I was supposed to be in court that morning. As the day went on I was feeling a bitg better but still not great. I needed to go to my firearms dealer to pick up two .22 youth rifles that I had ordered for my sons for their birthdays. I went there and filled out the 4473 forms that are required for purchasing firearms. Since there was a delay in the processing time, it came time to pick my sons up from school and I left the dealership. After I had picked my children up from their school, I realized that I had absentmindedly missed my court appointment that morning, and that there was a possibility that my applications for firearm purchase would be denied if a bench-warrant had been issued. I arrived at the dealership and mentioned this to the owner who offered to let me use his phone to call the court, but by that time the court had closed. Sure enough, CBI denied my applications. I knew that I had to go in to the court the next morning and reschedule another court date which I had done 3 ½ years ago when I first moved to Colorado for a different incident (minor fender-bender). My dealer later told me that they were contacted by the sheriff's office within minutes of me leaving. I went home and met my ex-wife so that she could watch the children that night as I had a late class. I had a conversation with her that I needed to go to the courthouse in the morning to reschedule and she agreed that it shouldn’t be that big a deal to reschedule. That week there was a friend of mine from Arizona (a THR member also) who was in town for business meetings and he came over to visit at the same time my ex-wife and children were leaving. Since we are both firearms enthusiasts, he brought a few of his over for me to look at, and I had brought a few of mine out for him. We had them out on the kitchen table and counters. I had the same conversation with him about rescheduling the court date and decided that since there was a warrant issued that it would be best if I stayed home from school that night rather than be out and risk being arrested. I had written an email to my professor stating the reason why I wouldn’t be in class that night and before I hit "send" my doorbell rang. When I answered it, there were two sheriffs deputies standing there who were asking for me by name. Of course I told the truth of who I was and they then told me that I was under arrest.
I was searched and relieved of the firearm on my side and then my guest was searched and he was ran through the system as well. During this process, unaware to me, one deputy searched my home and noticed the firearms that we had out and suggested to the other deputy that they confiscate them. He also mentioned that he should confiscate my guest’s concealed carry permit. The other deputy declined to do either and took me to jail, allowing my friend to follow us to the jail with my bond money that I had handed to him before leaving. This deputy was actually nice enough to stop and wait about five minutes for my friend when he got lost behind us due to traffic. I will say at this point that when the deputy disarmed me, all he did was take the entire holster/gun and set it down on the mail table next to the front door without trying to unload/safe it. He allowed me to take money and other items out of my pocket before he searched me so that it didn't have to go through the system with me and risk getting lost.

My CCpermit was also ran to make sure that it was valid. On the way to the jail I asked the deputy if it would be revoked and he said No, but that the other deputy had called in to see if they're supposed to confiscate it or not. During the processing at the jail, they did confiscate it. Luckily, my friend got me out after only being there half the night. The next morning I called the cc permit section of the sheriff's office to find out if they were supposed to take my permit. Initially the woman said that it shouldn't have been taken for traffic violations but she put me on hold and asked a supervisor, and when she came back she told me that after my court date to bring in the paperwork and they would reinstate it, assuming that I had taken care of things. Later the next week the same lady calls me out of the blue and tells me that she spoke with their legal advisor about my situation and he stated that a traffic violation is not justification for revocation, and she told me that she had already printed out another card and reinstated my permit and that I could come down and pick it up.

So I go to court about a week after getting my permit back and while I was waiting to speak with the ADA, two different people (at different times) came in to reschedule their court date that they had missed just the day before. Instead of letting them wait in line or rescheduling, they had sheriffs deputies come in and arrest them and taken to jail. This is traffic court and these other people were confused as to why they were being arrested since they didn’t have any kind of criminal record. One of the people was a woman who missed her court date because her flight from back east was cancelled and wasn’t able to make it on time. When I finally got to speak with the ADA, I provided my proof on insurance and registration and he dismissed the charges. While I was waiting for him to do this, another ADA came in and I asked her why people who were showing up to reschedule were being arrested and she looked at me like I had just kicked her cat. “Why wouldn’t we arrest them?” was her reply. I wasn’t about to argue with someone who thinks that this type of action is logical. Since she believes in the people’s right to a fair trial :)rolleyes:), she mentioned in a very sarcastic tone that “I can’t believe this person wants to have a jury trial for a speeding ticket! What do I do?” The ADA who was dealing with me told her to just dismiss it and that it isn’t worth the trouble. Her response was “Are you kidding”? She actually made a trial date instead of dismissing it.

My charges were dismissed completely.

I have since sent an email to the local Fox news channel and this past friday, (4-3-09) I was called by one of the reporters who wants to do the story. She verified some information with me, like the fact that I have never had anything other than a traffic ticket. She told me that she was next going to contact the sheriff's office to find out why they are arresting people for traffic violations when they were just complaining about lack of budget/manpower and that they had to lay-off 20-something employees. She's supposed to get back with me later this week possibly for an interview.

My main two things are this:

The deputy who wanted to confiscate all of our firearms.
Taking my permit for a non-moving traffic violation.


I don't agree with showing up at my home and arresting me within hours of missing traffic court since there was a bench warrant issued. I think they jumped the gun showing up to arrest me that soon, but had I gone in to the court the next morning I would've been arrested anyway just like the other two people. However this isn't up to the deputies, this is policy, albeit a very bad one since they wasted so much manpower for nothing.

Thoughts? Any main points that I should bring up to the reporter if given the chance? I'm not sure exactly what part of this that she wants to get across.


BTW, the other THR member, who I had not met in person before this, was entirely gracious with his time by spending the night at the jail posting my bond for me. I am currently working on something for him to pay him back for his time, which I am very grateful for.
 
Wow, they actually came to hunt you down at home over a failure to appear for a traffic ticket?

And I thought Illinois was a crazy state!

I sincerely hope it all works out.
 
Choosing not to go and forgetting due to mitigating circumstances are a bit different. I don't disagree that this is the current policy and that I violated it. I disagree that our resources are being wasted over things like this while the administration complains of a lack of resources and manpower. AND that there is not the opportunity to rectify the situation without going to jail...over a non-moving violation, with no priors.
 
What are we supposed to say? I personally feel we have given tooooo much power to the government and in ernest feel the government needs to be brought down many notches. I think the only reason this country isn't going to be heading towards a Nazi Germany type country soon is the fact that there are so many of us who have firearms. We are holding the ace and we need the anti's to understand personal protection isn't the only reason we hold that ace.
 
Nope...he stated that...

My court date was to be on February 24th at 8am. My two children had been sick in the week leading up to this and I had been feeling ill and was unable to sleep the night of the 23rd/24th and completely forgot that I was supposed to be in court that morning.

For my part, I see it as a waste of tax dollars. Let a person make right. Follow through with the Fox News bit. There is no greater power than free speech! Even governmental abuse cannot withstand free speech!

Geno
 
If there are no unoccupied beds in a jail then they must turn loose the would-be jailbirds. If the spots are taken by someone who failed to register thier car someone who did something bad might be turned loose.
 
What state do you live in? It is a state,right?


HAHAHA...that's funny....Colorado Springs, CO.


what part of the world? ne da trying to make their bones? up for reelection?

Not that I'm aware of. We just elected this DA, so he's new. The ADA that he appointed was a professor of mine for a law class.
 
Although I don't agree with the policy or what they did to you, just remember -

You can't win a pissing match with city hall. You've still got to live in this town.
 
Sounds like a bureaucratic mess up, although I would bet that your NCIS denial bumped you to the top of the list.

As for the arrest, if a judge issues a warrant the deputy doesn't get to pick.
 
Follow the money!!! In case you haven't noticed sales are down. Tax money isn't coming in and the cities are hurting.
I worked warrants for 15 years. The warrants are signed by a judge and say, "To any Peace Officer in the State of Texas, you are hereby commanded to arrest..........
As a general rule, we certainly had bigger fish to fry but if we stumbled across a traffic warrant we hooked 'em up just the same. But most of the time it involved sitting in front of the sergeants desk while somebody brought the money for their fines if they didn't have it on them. We rarely gave anybody their first jail record for a traffic ticket. But sometimes....well, let's just say that most of them talked themselves into jail.
I don't know how CO's courts work and which courts handle traffic and low class misdemeanors but if I had to guess, I'd say there was some kind warrant roundup going on for the money.
Everybody has some kind of excuse for missing their court date.
My advice would be to make your court date next time. But you knew that.
PS You certainly won't win any brownie points with that ADA by mentioning that your case was dismissed if I'm right about the warrant roundup.
 
Sorry, aside from the cop trying to take your weapons I think you are the problem in this story. You were irresponsible on several levels. Think what lessons your children learned from this episode.
 
I can only assume every felony warrant in the state of Colorado has been served,so the cops have plenty of time to clean up threats to society like driving with a expired registration. Unbelievable.
 
Yeah, you screwed up, but it looks like it all turned out fine. As for why they "hunted you down", that's easy, you were a safe bet. Generally law abiding citizen who had a traffic bench warrant, chances are that's a safe/easy arrest. You;d think in the a city the size of Colorado Springs the PD would have bigger fish to fry. :rolleyes:
 
Why bash the cops. You show up for your court date and all is well. Story over.

Sorry, but I find it a little irresponsible to forget something like a court date.

You did say you werent feeling well but...
 
I'm supposed to graduate later this year with my BS in Criminal Justice. This wasn't the way I wanted to get into they system.:D



You can't win a pissing match with city hall. You've still got to live in this town.

If what happened to me only involved what I posted then I would agree with you. Unfortunately there is more to the story that I can't/won't get in to just for the fact that if I posted it, the mods would lock this up immediately. It doesn't have any bearing on the rest of the situation at all or any of the decisions made. It had to do with my processing and it was enough for me to quit school with only two weeks left in the quarter. If you wish to know, you can pm me and I'll share. With all that happened though, I'm preparing to go head-to-head with whomever if need be. It's important enough that something be done, and I'm hoping to see a positive reaction should the news story go through.

nitetrain98: While I was sitting in the cell (a very small one) with 5 other men, I was wondering just how much they thought they were going to get out of me since I had no intention of losing my bond ($500). Since the ADA dismissed my case all together, they lost money and lots of it. And with that ADA's demeanor, I'm fairly certain that I wasn't the only one that had their case dismissed or fine reduced or eliminated entirely. So I'm not certain whether it was a case of them just wanting my money or not, since they didn't get any.


But sometimes....well, let's just say that most of them talked themselves into jail.

I've heard that you can't talk your way out of a ticket, but you can certainly talk your way in to one. I assume that other circumstances apply as well.



Doesn't anyone have an issue with an officer wanting to confiscate a house full of firearms over something as silly as a bench-warrant for a traffic offense? Or wanting to confiscate a cc permit of someone that just happened to be in the house at the time? I wasn't even aware of the search being conducted since I was busy being felt-up...err, searched and cuffed at the time. It wasn't until we were at Denny's after they let me out that the other member told me what had happened in the kitchen/dining room.

What about taking a ccpermit from an individual for traffic offenses? I know they reinstated it for me, but someone somewhere obviously thought it was a good idea at the time. I know that permits are usually void when a warrant is issued, but shouldn't there be a distinction between traffic offense and others? I mean people miss appointments all the time, so some sort of grace period (like 48-72 hours) should exist to rectify the situation (like calling or going in to the court) before revoking a permit...yes? no? This is my reasoning behind it: Had I not been arrested that same night in my own home, and I had decided to go to class and was pulled over for some reason, I could have been in bigger trouble for having a concealed weapon without a valid permit, turning a $13 late registration ticket into a firearms charge.
 
I put traffic court dates in my phone ( not that I have that many) so it reminds me the day before & the day of.

Traffic court is a big revenue generator in Co Springs. You show up & they plea your points down & charge you the same fine.

Expired ins. & registration they always throw out if you can show you're up to date.

El Paso County Sherrifs are pretty pro RKBA CSPD, not so much.
 
AllAmerican: In no way am I trying to bash cops. In fact I intentionally left out parts of the story that would incite such reactions from other members. So let me be clear...THis is not a cop-bash.


You were irresponsible on several levels.

I'm not denying that I made mistakes. There are mitigating circumstances as to why, though. My wife had an affair with a friend of mine and the divorce was executed less than two weeks before x-mas. There were one or two other things going on that had me distracted as well. I was also taking 20 units at school in an attempt to bump up my graduation. So admittedly, my head was not where it needed to be on certain things.


Rockwell: Yeah, I had a pretty good conversation about rkba with the deputy that tranported me to CJC. His opinion was that all eligible citizens should have a cc permit and carry. It was the other deputy that showed up with him that had the anti-attitude.
 
Sorry, aside from the cop trying to take your weapons I think you are the problem in this story. You were irresponsible on several levels. Think what lessons your children learned from this episode.
Sorry, but I agree with this post.
 
Wow. They let you off and you still complain. How very American.

Maybe you should sue; for being the victim?
 
I still find this incomprehensible.In Anchorage a few years back the paper published list of traffic fine"scofflaws" who owned $1000-$10,000 in back fines,in a attempt to embarrass them to pay up. Why were they not hauled of to jail?
 
Did you read the ticket? At least here in Texas, when you sign the ticket for the offense, you also agree you will take care of the offense within 20 business days. Failure to do so will result in a bench warrant. If CO is like TX, you agreed to it. You failed to appear in court. It was not the deputy's fault. It was not the ADA's fault. Personal responsibility is what it all about. It just sounds like they are pretty efficient.
 
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