Ohio Law Enforcement Harasses Man for OC Carry

[FieroCDSP]

Northwood is a Toledo suburb. Toledo had a city ban on the usual gun-parts suspects (high-caps, etc) along with Cinci, Columbus, and Cleveland. The state pre-emption law passed a few years ago took the wind from their sails and they've been fighting it ever since. Cleveland seems to be getting better at following the law, despite Frank Jackson, but the others are apparently needing it to be beaten into their collective skulls through incidents such as this.

The Bryon Ledford incident has gotten the gears turning, and hopefully the state AG's office will crank out a memo to all departments outlining open carry, and to officers on how not to screw themselves by berating and otherwise infringing on civil rights of lawful citizens.

 

[DWFan]

The answer is simple. Consult an attorney. If the officers violated the law or the person's civil rights, press charges.

 

[Aguila Blanca]

while there is certainly no authority granted by the constitution that would require one to produce some kind of ID, many states have laws on the books that do require it, and courts have upheld them.

No, the courts have not upheld them.

The Terry case, and the subsequent Hibbel case that was decided under Terry, have established that before a police officer can stop someone and ask him/her to identify him/herself, there must be a reasonable suspicion based on clearly articulable facts that a crime has been committed, is being committed, or is about to be committed. Without that, an officer has no basis on which to interfere with a citizen.

Since open carry is legal in Ohio, as ruled by the Ohio Supreme court, there can be no argument in this case that there was any reasonable suspicion of a crime. Absent that, the officer had no basis on which to even ask for a name, let alone to demand identification.

 

[JWarren]

At the VERY least, the cop who broke the Driver's License in half should be punished by having to stand in line at DMV for the guy's replacement.

DMV is the 9th level of hell in Dante's Inferno.


-- John

 

[Aguila Blanca]

Yes, the police can make you identify yourself:

http://en.wikipedia.org/wiki/Hiibel_...ourt_of_Nevada

Re-read that article. It is clear that they upheld the stop and the request in Hibel because there was a suspicion of a crime (specifically, an assault). The Nevada law spelled out that a request for a "suspect's" name could be made only when there is a reasonable suspicion of criminal activity.

The case you cited in no way makes it lawful for arbitrary stops and requests for ID in the absence of suspected criminal activity.

 

[Hook686]

Unfortunately no matter how right you think you are, you are wrong. You are up against the system and I've learned that even the court can alter 'records'. As someone else said no one was shot, arrested or hurt. ... every thorn has a rose.