Ohio: Charged with CCW violation and resulting jury trial

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I'd like to make a comment on the advice that old woman gave you...

I think she hit a nerve with her statement. "Clean your car and get a different hobby."

I think young folks, like us, tend to go a little overboard with our hobbies and that older woman made a good observation.

The whole clean car thing just makes you look a little more "careful" and "in control" but the hobbies statement makes me think.

I think she said that because of the nature of the WAY you had things arranged in the vehicle. I think it's clear you like shooting and I bet the jury saw it as some sort of overboard young man obsession. They didn't think it was criminal but it appears the cops did.

I think this situation was compounded by the fact that you had all kinds of ammunition, some loose, some loaded mags, and the large magazine loaded, plus two weapons hidden. I think as an officer I would have seen this as more of a "prepared for war" type situation than that of a prudent, thoughtful, and responsible CCW holder who is only concerned about safety.

I'd like to offer some advice too. Prepare to go to the range, at home, an hour before you go to the range, and store the range ammo and weapons like you would if you didn't have a CCW... at home.

I'd also like to suggest for appearance sake that you might consider perhaps one magazine in the weapon and one in a belt holder or something and that's it. No random rounds in boxes or large capacity mags loaded up.

I mean, dude, I feel bad for you and what those officers did was wrong because they actually conspired against you but in all honestly, you kind of looked shady. THEY WERE WRONG but it sounds like you looked a little shady.

I hope you're not offended man. I really do. I'm just trying to evaluate the situation from my point of view and attempting to make some sense of what that old woman said. I think she might have made a very valid statement based on her observation of the situation.

Paraphrased it seems like this, "you have hobbies like all young men and like all young men you go a little overboard but this particular hobby isn't one you should be taking part in as such a young inexperienced man."

I hope you recover well from this brother.

Regards,
Beau
 
@JCisHe: My firearms and ammo are always stored neatly in the glove compartment and center console. I was driving a recent model car in great condition. I had clothes and other household items strewn throughout the car as I was in the middle of moving. Thanks for the alternate perspective though.

I've always been pretty above board. People who are acquainted with me would describe me as clean cut, well spoken, educated, well dressed and polite. I know that those things are only superficial, but as far as appearances go I don't think that I looked shady in the least. There was no valid reason to arrest me.

I think I'll be recovering from this for a while. It's quite a shock to your system to be handcuffed, arrested, falsely accused and placed on trial. I feel blessed that I had such competent counsel. Being raised in a house full of Boy Scouts (myself included), I never imagined I would find myself in such a predicament. I've always valued my personal integrity and trusted the authorities to do the right thing, but being honest and friendly will only get you so far when people in positions of power have an agenda. At least, that is the what I have experienced in my encounters with LEOs in the last year or so. I guess that I learn something new everyday.

I understand the part about the hi-cap mag, but it's not illegal nor is it something that I carry on my person. It just stays in the glove compartment. I'm scared to think of they would have tried accusing me of if I left an AR-15 in the trunk, also legal. The only thing that was shady about this whole situation was the actions of the officers involved. No obsession on my part, just some overzealous police trying to make something out of nothing.
 
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I didn't mean to say you were shady at all. I meant to say that to the officers you appeared shady and I think even that little old woman could understand how and why it did. And I think it had to do with the loose ammo and hidden guns (not in the trunk but hidden places) and especially that large magazine. I think I can understand why it appeared to be a shady thing. Remember we are in a world of individual interpretations. Honestly, I don't see any other reason for her comment then that she thought you were being a little overzealous. I agree though those cops had an agenda with you and actively tried to severely effect your life in a negative way. It's just something to think about and I could be totally wrong. Really sorry to hear about your troubles man.

I'm going to take from this the need to carry only the PP firearm with "enough" ammo and leave the range stuff at home. Honestly, I think that was the big problem here. I mean, carrying an Ar-15 in the trunk, after a fight, in the middle of the night... that would have definitely raised a red flag or two. Cops deal with criminals day in and day out man. You really have to give them some right to be pessimistic. THOUGH THEY WERE WRONG! They're interpretation of events matters a great deal.
 
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Some LEO (DAs, Prosecutors, and anyone else in any position to manipulate others, or to weild power unilaterally over others) are able to hype themselves into parahypnoic 'as-if' kinds of 'believing' and collusion-seeking among peers, subordinates or superiors, on the slightest pretexts or projection or tacit 'defensible' fabricated pretexts.


"Just doing our job..."



Any sort of 'domesic disturbance' involving a female 'victim' possibility, or excited female victim-mentality 3rd party caller, (whose parenthetical role assignment and utility to the LEO, is as 'enabler') can be a 'trigger' for this kind of hyped-out overblown self-hypnotic 'trigger' event for those LEOs who have done this to their own minds...or, who wish to use it as pretext for 'fishing expeditions' in trying to find some infraction.


I'm surprised LEO is not yet allowed to supena personal Computer surfing and e-mail records, because of a bad Tail Light Bulb, just in case there is something 'there' which can be hyped up into a fake issue for prosecution.




To me, examples of LEO behaving like this, are a lot more freightening and 'dangerous' than any 'criminal' threats which an ordinary person would ever face.


And in Life, I've seen far more people emotionally traumatized, financially and legally harmed and damaged by various LEO 'hypey-self-indulgence', when they had not comitted any crime, or, had merely been seen as vulnerable and 'guilty' of some victimless petty nothing of an infraction...than I have ever seen harmed or damaged or traumatized by 'criminals'.
 
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Over the years I read several stories where people get charged with this.
It's such a BS.
OH sure would not be a place I would want to live.
Even CA and MA is better in that respect!
 
I know, from personal experience, that there are many fine, hard working LEOs. And also from personal experience that there are some real jerks in the field as well.

Every time I read a story like this I have an emotional reaction... let's de-badge everyone and start over.
 
great job man. good thing it only took 4 months instead of years! oh and screw your GF's friend. i would either dump the GF or tell her to dump her friend cause she almost ruined your life with that irrational fear thing
 
And in Life, I've seen far more people emotionally traumatized, financially and legally harmed and damaged by various LEO 'hypey-self-indulgence', when they had not comitted any crime, or, had merely been seen as vulnerable and 'guilty' of some victimless petty nothing of an infraction...than I have ever seen harmed or damaged or traumatized by 'criminals'.


really? where is this? i'm torn on the one hand a place so crime free must be wonderful on the other hiding from leo would remove most of such an areas appeal
 
I, nor anyone else, has anything to gain, and everything to lose, by giving law enforcement ANY written or verbal statement without the blessing of competent legal counsel. It's akin to stepping into the boxing ring with Mike Tyson as an amateur. Besides, what could I add that the dash cam video didn't already take care of?
Click to expand...

Personally I would have asked for a lawyer as soon as they started patting me down
 
I'm going to take from this the need to carry only the PP firearm with "enough" ammo and leave the range stuff at home. Honestly, I think that was the big problem here. I mean, carrying an Ar-15 in the trunk, after a fight, in the middle of the night... that would have definitely raised a red flag or two.
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This bugs me.

It should not be that the officer would 'raise a red flag or two' for what is a clearly and completely lawful act.
 
Sorry to hear of your bad run in with "the law" but oh so glad you came out on top. I have been getting harrassed from time to time lately in OH for OC. Ohio is so hit or miss with guns depending on where you are.

FFMedic
 
Police officers seem to fall into the trap that I sometimes do as an attorney. I sometimes forget that the routine hearing I am attending can be a central event that carries enormous stress to my client. I have to keep reminding myself of that.

I am not sure that those cops appreciate the carnage they can cause. Or if they do, then the worse thing is that they do not care.
 
Have you considered a civil suit against the cops? It appears that there was no Probable Cause in this case to stop you. The cops found something after the fact of stopping you. If I were you I would file. Because of the verdict of no wrong doing (not guilty), you already have some ammo (no pun intended.)
 
I'm glad all worked out well for you, such as it is.
I'd sure like to read a transcript of the original 911 call from, as I understand it, the GF's, GF's mama. I can only imagine the hyped up scenario she described to likely another female dispatcher, who likely had been in an abusive relationship herself. Sounds like what started as a simple argument somehow morphed into full blown domestic violence involving firearms by the time it got to the RO. The feminazis have made it just about impossible to respond to a domestic call and not take somebody to jail. It's mostly CYA on the LEO' part. If he can find some reason to put you in jail. He knows that you won't go back to the the house and beat the tar out of GF for calling the heat. At least not on the same shift.
 
Rbernie, I agree but we don't live in the objective law ruling world we would like too. Don't you agree?
 
I have a friend who is a Cleveland LEO and I made the mistake of telling him that I have an AR15. He told me not to bring it with me if I come up to visit or he would have to arrest me!

The anti-gun sentiment of some northern Ohio LEO is unbelievable!
 
I have a friend who is a Cleveland LEO and I made the mistake of telling him that I have an AR15. He told me not to bring it with me if I come up to visit or he would have to arrest me!
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When did he say that to you?

Ohio now has state preemption. Cleveland's "assault weapon" ban (and registration) is now null and void. When the mayor ordered the police to continue enforcing it in violation of state law, the Cleveland FOP advised its members to ignore the order. I expect that every Cleveland cop knows that if he's sued as an individual and loses everything he owns and can't feed his family, Frank Jackson isn't going to let him and the family stay in HIS basement or kick in a little something for groceries.

The AWB threat in Cleveland is a totally impotent one.
 
Deanimator,

Cleveland is not following the preemption law. I believe that the NRA is taking this to the Supreme Court. I also believe that the majority of LEO's in the state of Ohio are not anti-gun. I base this on only knowing one anti-gun cop and then he is a pinhead.
 
rDigital,

One other thing I would like to add to my comment above. If the police did not have probable cause to pull you over, the search of your vehicle would be another violation of your Civil Rights. If the story is as exactly as you posted you definitely have a good chance of wining a Civil Rights violation case. This is just more than an opinion.
 
Cleveland is not following the preemption law.
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In effect, they ARE, for want of anybody stupid enough to fall on their sword for Frank Jackson.

I'll bet you'd be hard pressed to find many Cleveland cops willing to see their kids go hungry in the name of enforcing Cleveland's "assault weapon" ban.
 
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