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UPDATE:Seized By Manchester PD For Carry - 911 & Dispatch Transcript

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Furthermore,

"The man was then released no worse off.", and,
"After reading the thing again, Im gonna have to agree...they did NOTHING wrong..they received a call, they responded, the defused any threat, and they released...wheres the harm?"

NO. From MVPEL's letter to the Chief of Police:
http://www.thehighroad.org/showthread.php?s=&threadid=74034&perpage=25&pagenumber=1

"Once my record came back clear, naturally, I was subjected to a condescending lecture about the carrying of arms, quizzed repeatedly as to why I carry a firearm..."

"After about 5-10 minutes of my polite endurance of various disrespectful and arrogant statements and questions by the officers and detectives..."

They detained him and LECTURED him for 5-10 as to why he SHOULDN'T be exercising his rights. That's right, they were trying to bully him into foregoing his right to carry openly. See "chilling effect". Maybe this is OK behavior for you, but I'd be FURIOUS if some a$$hat with a gun and a badge spent 5-10 minutes of my time, MY LIFE, lecturing me about perfectly legal activity while holding my property (gun) hostage. This is jackbooted thuggery in action, folks. The badge does entitle you to "re-educate" me or anyone else at gunpoint because my exercising my rights makes you uncomfortable. Having a badge does not give you the authority to impose your viewpoint on someone.
 
Let me first say that I have never met a police officer that I didn't personally like.

That said... I will never again speak to one in the course of his duties unless I am legally obligated to do so. I am sure that I will never again recieve a verbal warning, but sometimes it goes like that.

A whole lot of their procedure is to trap you into inconsistencies by what appears to be "casual chat". So I will no longer casually chat with them.

Cop: May I see you license, registration, and POI?
Me: *Hands over my papers*
Cop: Do you know how fast you were going?
Me: Am I legally obligated to answer that question officer?
Cop: You don't want to make this difficult, do you?
Me: Am I legally obligated to answer that question officer?
And it just goes downhill from there...
And the whole time Shyster, Shyster, Shyster and son's (yes I have a good relationship with my lawyer) answering machine is taping (upto 7 hours with compression) because I left my cell phone open.

I learned that lesson from watching Martha Stewart get nailed, not for a crime, but for proclaiming her innocence. No good can come of talking to these people when they are acting in a professional capacity.
 
Well, the reasonable suspicion could be the fact that he's carrying the pistol. However, just because he has the pistol, can they stop him under Terry? That's the 64K question. With the recent Supreme Court rulings I would say no as there is no indicia that this is a crime.

You need a license to drive a car. If I call the police and say this guy in the purple shirt is driving a Ford and I'm uncomfortable with Fords (insert any car), can the police pull Mr. purple shirt over to check his license and lecture him on driving Fords.

I'm with firearms instructor, the "lecture" would have had me a little hot. Maybe a §1983 for false imprisonment just for that? How much is 10 minutes worth?:D
 
El Tejon,

Since open carry is legal in the state, the fact that he is carrying one should not be legal cause for suspicion.

Forget its a gun for a moment. Pretend this happened with, lets say, a pair of pliers he had sticking out of his pocket.

Just because it made some blissninny uncomfortable, it is not justification for the stop and damn sure not for the lecture.

Some of you have said that he shouldnt have been carrying openly because it makes people uncomfortable - even though it is his legal right. Perhaps blacks should have followed the same advice and stopped trying to move into white neighborhoods. After all, even though it was their legally protected right to do so, it made people uncomfortable.
 
Since I stated this I hope this ends this.

I will go on record as saying the 5-10 minute lecture was out of line and worthy of the complaint.
If it is legal then it is not my place to lecture anyone just because I don't care for what it is they are doing.

Were the officers tactics poor, maybe. I was not there, no one here was and as many stated we have no idea what both sides of the story are.

And to everyone who has said "you took the job". Thats right I did, I thought I might be able the help some people, I am not an idealist who thinks one cop can change the world.
I do howeven try to do as much as I can to change a few peoples for the better, I take DWI's of the street, hopefully before they Kill, sometimes sadly not.
I have helped many addicted to drugs to get into rehab and not jail. (as I do not agree with current drug laws).
I have tried to change policy and procedures to help avoid confilcts like the one we are dicussing and idiotic Marijuana plant mishap in the other threads, (by the way there is no way I can even dream of to defend those officers).
I have tried to open door between the community and the police for the better of all involved.

I hope to have many more of these engaging conversations with everyone here. Even the people here I belive are very wrong have the intelligence to carry on a good debate.
 
"Once my record came back clear, naturally, I was subjected to a condescending lecture about the carrying of arms, quizzed repeatedly as to why I carry a firearm..."

"After about 5-10 minutes of my polite endurance of various disrespectful and arrogant statements and questions by the officers and detectives..."

This is where these officers started way crossing the line.
 
Sheild529

Perhaps if some of the LEO's here who are so busy defending the actions of the Manchester PD were just as quick to decry the actions of the cops in that hibiscus issue, it would go a long way towards defusing the citizen -v- LEO situation.

I note that thread has a painful lack of posts from LEOs...

Yes - MOST cops are good people who only want to do their job, just as MOST people are not criminals. If you're going to treat all people as criminals though due to the small percentage who actually are, expect John Q. Public to treat YOU as one of the bad cops.
 
Well oh wait, everyone is a criminal until they are properly investigated.

Why not be intellectualy honest, and just come out and say that's how you feel.
Its fairly obvious at this point after all, don't you think?

Thats not the case at all. The facts surrounding a particular event are not assumed to be legal until they are investigated and the facts determined. That does not mean that everyone is automatically a criminal. But officers are not doing their jobs if they approach a situation assuming that soemone is a good guy. Bad guys come in all shapes, sizes, sexes, etc. Assuming otherwise gets officers killed.And at this point, it is YOU who is assuming what MY viewpoint is.
 
This is where these officers started way crossing the line.
I disagree. By then they were already way over the line.

Since open carry is legal in the jurisdiction where the incident occurred, and the telephone complaint made no justifible assertion that a crime had been committed or was being committed, there was NO probable cause, and NOTHING to raise a "reasonable suspicion." Where the officers started crossing the line was the moment they laid hands on MVPel. In fact, now that we know the situation did not rise to the level of justifying a Terry Stop, they actually had no right to interrupt his reading and ask for indentification even if they had done so without laying a finger on him.
 
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tcsd1236 please explain this to me

You took issue with
everyone is a criminal until they are properly investigated

But you said
The facts surrounding a particular event are not assumed to be legal until they are investigated and the facts determined

Now it might be my public school education showing, but I think that you said EXACTLY what he said. The opposite of what he said would have looked like "The facts surrounding a particular event are not assumed to be illegal until they are investigated and the facts determined"

The fact is that you feel that your job is to presume guilt until you are satisfied that no crime has been committed. I understand why you feel that way. But that is also why I have my lawyer on speed dial 13.
 
tcsd1236...

The net is full of people who THINK they know what the proper law enforcement procedure should be, without having to do our job. Your post further down is additional proof of the armchair critic.
Is it really just armchair criticism? I think not…
He was a suspect as soon as someone called in a complaint against him
Explain to me how an anonymous tip about feeling uncomfortable makes him a suspect of a crime. Especially when the anonymous tip is describing a situation that is completely legal in that state. So, you are saying that if I call in and say, “Hey the guy across the street is making meth… <click>†then he is a suspect? He is considered guilty of a yet unproven crime, the definition of a suspect? Are you kidding me? Explain how that call made mvpel a suspect of something illegal. You can’t because what he was doing was completely legal.
You keep saying that a man is a suspect until your "investigation" proves otherwise. Wait a minute... doesn't there have to be a crime that he is a suspect of first? Isn't a man innocent until proven guilty? You keep making some connection with a crime that may not exist. That is why people get upset because you are constantly trying to prove some crime. Is that really your job? Is it really your job as a beat officer to try and nail every single person for a crime? Isn't that what they pay detectives to do? Seriously, how can you expect people to treat you with courtesy when you come by if you are going to try to make them into a criminal before you even listen to them...
Get real! I have no problem with an officer coming out to check out the claim, but if we followed FedDC’s doctrine you would have a warrant and SWAT out there shooting up the place based on that phone call. Come on man, an anonymous tip makes me a suspect? What is this, 1984? Caution, yes. Go over the top, no. Answer my question and tell me why he was a suspect and I’ll consider myself a better educated “idiot†net-citizen.
He was a suspect as soon as someone called in a complaint against him. Until his actions are investigated and determined, he remains a suspect.
See, that is the disconnect. You see a suspect but I see someone who deserves to be treated as an innocent. Does that mean you should walk up like a total idiot and put yourself in danger? No. Does that mean that you should be cautious and maintain a civil attitude, i.e. not grabbing him from behind, of course. Your safety has nothing to do with treating him like a criminal. In this situation the officers could have secured the situation in a manner that was respectful of mvpels legal right to carry a handgun and their safety. They chose not to and that is what makes me upset. He wasn’t a suspect because he couldn’t be guilty of anything based on the circumstances.

The fact remains that open carry remains an unusual event that draws public notice, regardless of how much you wish it to be otherwise.
True, but what does that have to do with the officers’ actions? That does not change the fact that it is legal. It doesn’t make him a suspect anymore than exercising my right to protest. Does holding a protest sign automatically make me dangerous?

No one died because you chose not to act. The officers you dealt with gambled that you were a law-abiding citizen who would not harm them. They took a risk in making that gamble. Many officers are proactive in not ASSUMING that someone is law abiding and securing a weapon whose owner they are dealing with.
What? I chose not to act? I chose not to murder another human being in cold blood and that is why they are alive? You mean to say that there was a chance that I would just lose my mind and pull my piece out on that cop to shoot him for the hell of it? Are you kidding me?
I chose to follow the law and get a CHL. I chose to follow the law and purchase a gun through an FFL. I chose to pull over for the police officer. I chose to follow the law in a string of events that led him to believe I could be trusted. You think I don’t deserve that trust because you put yourself before me. That is what pisses me off. You act as if you cannot treat people with some shred of dignity because they are all suspects and are going to kill you. Hogwash. Learn to be flexible and careful.
I’ll go a little off subject here and tell you why it is important to be able to play both sides. Read a little Machiavelli, specifically about how to cleanse your country of brigands. You see, brigands are vile people and to catch them you need someone equally ruthless. So, you hire the meanest Sheriff you can, a wolf to catch a wolf, and turn him loose. After a while, he has taken care of the bad guys but will get bored and start abusing the sheep. Then, the sheep will get angry and you will be forced to kill your wolf to stop him. Of course, this will endear the politician to the people, it is good to be the King. Don’t think that when enough innocent people have been killed in no-knocks that a few LEOs won’t be on that chopping block because they could not adjust. Machiavelli doesn’t write philosophy, he writes about the eternal truth of human nature. However, I digress.
Anyhow, I understand being cautious in a situation where a man is armed. No problem, disarm me. “Hey, Deavis, I’m uncomfortable with you being armed, I’m going to go ahead and take your weapon for the duration of this traffic stop. “No problem officer, let me turn around to make you feel more comfortable.†However, they didn’t offer that courtesy to mvpel, they snuck up on him from behind and laid their hands on him for no reason. Is it so hard to understand why an honest man wants to be treated fairly? He wasn’t threatening anyone or breaking any laws, so where is the PC? What about me? I pulled over, presented my “papers,†and was respectful. Why can’t I be treated with dignity? Don’t I deserve it?

Being a CCW holder does not automatically make you a good guy. It makes you a guy who has not been caught committing a disqualifying offense.
Ah, so it makes me a criminal who just hasn’t acted yet. Great attitude. Since you guys are so into the odds, check out the CCW vs. average citizen for crimes. You will see that the CCW is far less likely to commit a crime than the average citizen, surprise to you? Not to me, criminals don’t follow the law. Hell, if your statement is true then being a cop is no different than being a CCW holder. You just haven’t gotten caught committing a crime yet. It isn’t like it takes much to pass a police background check, come on. I can qualify to be a Sheriff here, no problem.

Criminals do not go around with a neon sign on their forehead identifying them as bad guys.
Yeah, and they don’t shop in a B&N with a gun in plain view either. Give me a time you nailed a BG for open carry. You work on statistics right? So, tell me the statistic that made mvpel a suspect that would murder a cop if they approached him in a verbal fashion…
[/quote]Tactics have to be applied equally across the board. Doing otherwise leads to complacency, as in the cases of the officers you dealt with on the traffic stops. Turning their back on you while having stopped you? Bad. Bad. Bad.Bad tactics on any officers part.[/quote]
No, no, no. You don’t have to amputate a leg when there is a small cut on the toe, do you? You don’t have to assault a man posing no threat in a bookstore. Why can’t you adjust your tactics to fit a situation? Is it that hard or are you just too lazy to take another man’s rights into consideration? It was mvpel’s right to carry a gun, they treated him like a criminal. Why couldn’t they take that into consideration? Too concerned with their own “safety†to care about him, that is why. There is a difference between complacent when approaching a suspect and going over the top. You can be cautious and respectful of his right to open carry. You just choose not to and think that you should get away with it. I say, no!

Problem being that different people get offended over different things. We can't do our job worrying about who we might have offended today.
There is a difference between offending a man and violating his legal right to carry a gun. If you tell me I’m a fatass, that is offensive. Is it true, yes, so I can’t really have a case to get mad. You assault me while legally carrying a gun… That isn’t offensive it is violating his right to wear a gun openly. You have broken the law you are meant to enforce. Don’t you see a problem there?


If an officer is conducting an investigative detention, it is because they are trying to determine something about you, what you are doing, etc, for a reason. If people are offended by that, they need to grow a thicker skin. We don't know who you are or what your intentions are.You consider yourself agood guy; we don't know that about you.
An investigation was not conducted. An investigation is gathering facts. Why couldn’t they “investigate†by watching mvpel with the two plain clothes that went in first? Why couldn’t they investigate through passive surveillance? If he pulled it, take action. They didn’t investigate, they violated. You think an investigation must involve confrontation. That is not true, IMHO. You can investigate many situations without making it into a confrontation. Too many officers feel that it is their job to confront a man and make it an issue when simply talking would solve the problem. Why is that? Explain to me why passively investigating would not have worked in this situation? Remember, he wasn’t waving his piece around or acting in a threatening manner.
Why is it that when you point out the law to an officer who doesn’t know it, he has to get all big in the chest and threaten to arrest you? Why? It is hubris, plain and simple. The man can’t stand to be told he is wrong by a simple peasant. WE aren’t good enough to know the law. “WE can’t understand.†Or is it that you can’t stand to be corrected by the people you serve? Explain that to me.

let me ask you this: do people try to kill YOU simply because you are performing your job? I thought not.

Do people try to rob you at night? Do people try to steal from your house? Do people try to rape your wife? Do people try to kill you for your wallet? We all are victims in this life. Welcome to where we all live, people try to kill us (regular people) simply because we have something they want.

There are bad people out there and I try to avoid them at all costs. Your job involves confronting them, bringing them to justice, and that means risking your life. Don’t expect me to be sympathetic to you because you are forced to confront bad people. You knew it going in and now you want a cookie for it? You have taken a job where you are expected to hold yourself to a higher standard than most men and risk your life for the safety of the community you serve. I don’t want that job. I’m too talented at other things to do that at this point in my life. I commend you for taking that job, but I expect you to live up to the job description. Nobody pats me on the back for engineering a great solution to a problem. That is my job. That is what I get paid to do. Your job is to round up the bad guys, so… um… Explain to me why I should congratulate you for doing your job and why I shouldn’t get mad when you trample mvpel’s rights. Explain to me why I should be ok with you going over the line.

You are only human, right? Well, when I make a mistake it costs my company some money. When you make a mistake, it costs an innocent man his life. So yeah, I am holding you to a higher standard than other people because most people don’t have the power to harm as many innocent people as a LEO does. Explain to me why I shouldn’t hold you to that standard.
 
The open carry was legal? If it's legal, don't the police know the law on this? If they know that under the law it's legal for open carry, why are they concerned at the fact of open carry?

Why do they do more than observe, if they do indeed feel that observation is somehow justified? Open carry is a legal activity!

Why would any policeman roust and lecture a person about a legal activity?

Now, after quiet observation by a policeman, I think it would be good advice from an adult to a young person--if done privately--that while the excercise of open carry is both a right and a lawful action, it is not the wisest course insofar as alarming the public at large. Purely my opinion, but I've always thought it pointless to disturb Ms. Average Soccer Maw. One observes community mores, no matter how foolish they seem. If one does not like the mores of a community, leave the danged place! But that's just my own opinion about how to get along with the neighbors, and certainly not binding on anybody else...

Art
 
The open carry was legal? If it's legal, don't the police know the law on this? If they know that under the law it's legal for open carry, why are they concerned at the fact of open carry?


That's a good point. I wonder what the police would have done if the complainant had said he was reading a particular tome that offended them? Can we anonomously call the police and get readers of Stupid White Men slammed against the wall and lectured?

I do think the police had some responsibilty to at least answer the call and witness for themselves what was occurring at the store, but I don't think they had pc to go any further than a look to confirm that he wasn't waving the weapon around.
 
Is it really just armchair criticism? I think not…
I believe it is.

Explain to me how an anonymous tip about feeling uncomfortable makes him a suspect of a crime.Especially when the anonymous tip is describing a situation that is completely legal in that state.

For one thing, what I have read about the incident, I recall that the initial call came from an employee at the store, not anonymously.
For another thing, every call we get involves a complaint from someone, unless it is something the officer personally witnesses and initiates action on.

It goes beyond someone simply being uncomfortable. Regardless of how gunnies feel about it, open carry is still uncommon enough in this country that the average person does not perceive it as being something that your average person does.

So, you are saying that if I call in and say, “Hey the guy across the street is making meth… <click>†then he is a suspect? He is considered guilty of a yet unproven crime, the definition of a suspect? Are you kidding me?......You keep saying that a man is a suspect until your "investigation" proves otherwise. Wait a minute... doesn't there have to be a crime that he is a suspect of first?

Yes, the individual reported would be a suspect, at least initially, because he was the person reported to be doing whatever illegal activity was reported, in your example the manufacture of illegal narcotics.

That is why people get upset because you are constantly trying to prove some crime. Is that really your job? Is it really your job as a beat officer to try and nail every single person for a crime? Isn't that what they pay detectives to do?

Street officers deal with reports of on-going criminal activity. Investigators, Detectives , etc usually deal with felony-level crimes AFTER the crime has occured. For instance, we as a street level officer respond to a report of a burglary in progress. If the burglary is not in progress,we take the report of the burglary and turn it over to the Investigators for follow up. They will take the initial investigation we conduct and try to solve it.

In the current case, we have a report of a man with a gun in a public place. Investigators would not respond to that unless they happened to be in the immediate are and available to respond, much as they would do if, say, there was a bank robbery.There have been cases where that has occured. There was a bank robbery a while ago and the Sheriff himself was getting a haircut across the street, so he responded. You wouldn't normally see that, being the big guy in the corner office, but the timing was fortuitous for him. In the current case being discussed, an investigator responding would, after the initial contact, turn MVpel over to the responding street officers to wrap up the report. Thats one less report the Investigator would have to deal with, if they turn the case over to the uniformed officer. They might have to do a supplemental report describing their actions at the scene, but since it was determined to not be a felony case, it would go to the uniformed officer for documentation.

What I have described above is how it would be handled at TCSD; in my part time agency, the uniformed officer does ALL investigations, felony and misdemeanor, because the agency is small and has no Investigations staff.Every agency has its own SOP.

See, that is the disconnect. You see a suspect but I see someone who deserves to be treated as an innocent. Does that mean you should walk up like a total idiot and put yourself in danger? No. Does that mean that you should be cautious and maintain a civil attitude, i.e. not grabbing him from behind, of course. Your safety has nothing to do with treating him like a criminal. In this situation the officers could have secured the situation in a manner that was respectful of mvpels legal right to carry a handgun and their safety. They chose not to and that is what makes me upset. He wasn’t a suspect because he couldn’t be guilty of anything based on the circumstances.

You are starting out assuming that the suspect person is innocent, and that no crime has occured. That assumption belongs in the courtroom, but on the street, it gets officers killed.

The bottom line is that responding oficers must id the individual identified in the complaint, secure the weapon, interview and determine the facts of the complaint. That is what happened. I would not have given the lecture, but thats me.

Does holding a protest sign automatically make me dangerous?

Depends. Are you a normal Joe or a professional protester bent on civil disorder , waving your sign outside the Republican National Convention? A lot of that depends on the circumstances.

What? I chose not to act? I chose not to murder another human being in cold blood and that is why they are alive? You mean to say that there was a chance that I would just lose my mind and pull my piece out on that cop to shoot him for the hell of it? Are you kidding me?

An officer who does not control a situation lives or dies because the offender chooses not to act on an opportunity to kill or maim the officer. Plenty of criminal activity has been prevented because a responding officer acted proactively, took control of a situation/ individual and did not give them the opportunity to act criminally. An officer who does NOT do that is letting the offender distate whether they will assault/ injure the officer or a by-stander.Plenty of officers have died or been hurt because they let the offender take control.

No offense, but this part of the conversation and your mindset is where your lack of LE training and what we mean when we discuss something is glaringly apparent.It is this type of conversation that we officers are referring to when we discuss the armchair QB types who MMQB an incident. You don't undesrstand what is being discussed, and I don't feel like taking my Sunday morning to spell out officer survival techniques with you on a public net that any offender could read and learn from and possibly use against the next officer they have to deal with.

I chose to follow the law and get a CHL. I chose to follow the law and purchase a gun through an FFL. I chose to pull over for the police officer. I chose to follow the law in a string of events that led him to believe I could be trusted. You think I don’t deserve that trust because you put yourself before me. That is what pisses me off. You act as if you cannot treat people with some shred of dignity because they are all suspects and are going to kill you. Hogwash. Learn to be flexible and careful.

You are assuming that I should automatically trust you because you have a CCW. Guess what: lots of people have permits. It doesn't automatically make them a good guy. Lots of criminals were good guys til they commited their first crime, or were CAUGHT for the first time, should I say.

I respect people, don't get me wrong. That doesn't mean that I trust them.

Ah, so it makes me a criminal who just hasn’t acted yet. Great attitude. Since you guys are so into the odds, check out the CCW vs. average citizen for crimes. You will see that the CCW is far less likely to commit a crime than the average citizen, surprise to you? Not to me, criminals don’t follow the law. Hell, if your statement is true then being a cop is no different than being a CCW holder. You just haven’t gotten caught committing a crime yet. It isn’t like it takes much to pass a police background check, come on. I can qualify to be a Sheriff here, no problem.

Already addressed. My response is already above.

As far as officers, we are screened pretty heavily. much more than your average CCW holder in most states. Do some officers go bad? Yeah. I have known of three such officers in my aea. Thats far less than the number of CCW holders around here who have lost their permits due to criminal behavior.

Yeah, and they don’t shop in a B&N with a gun in plain view either. Give me a time you nailed a BG for open carry. You work on statistics right? So, tell me the statistic that made mvpel a suspect that would murder a cop if they approached him in a verbal fashion…

There is no accounting for the stupid things that criminals would do. You assume that a criminal would never do such a thing. Once again,thats an assumption. Criminals do all sorts of things that leave you scratching your head going "why did they do THAT?"

An investigation was not conducted. An investigation is gathering facts.

I don't see how you can say that. They secured the gun, escorted him out and interviewed him regarding his carrying. That was the investigation.

Why is it that when you point out the law to an officer who doesn’t know it, he has to get all big in the chest and threaten to arrest you? Why? It is hubris, plain and simple. The man can’t stand to be told he is wrong by a simple peasant. WE aren’t good enough to know the law. “WE can’t understand.†Or is it that you can’t stand to be corrected by the people you serve? Explain that to me.

Largely because we deal daily with people who say "I know my rights..blah blah blah" as they are being arrested, when their knowledge of their rights largely comes from fellow jailhouse lawyers and watching TV. The reality is that the average person who says that DOESN'T know the law.

You have taken a job where you are expected to hold yourself to a higher standard than most men and risk your life for the safety of the community you serve.

And we do the job quite well, on a daily basis. Simply because there is risk (as you point out ) does not mean that we should not take steps to lessen the risk and attempt to ensure everyones safety simply because someone might be offended at how we do our job or what steps we take.The reality is that someone is offended at almost everything we do as officers. If we restricted ourselves to things that didn't offend anyone, we wouldn't be doing our jobs.
 
Here we go again...

Posted by TCSD;
For one thing, what I have read about the incident, I recall that the initial call came from an employee at the store, not anonymously. For another thing, every call we get involves a complaint from someone, unless it is something the officer personally witnesses and initiates action on.

According to the 911 call it was anonymous. I contend, however, that it does not matter whether or not the caller is identifiable. While the caselaw I posted deals specifically with anonymous tips, an identified caller stating that someone is obeying the law still does not rise to the reasonable suspicion required by Terry to make the stop. You can not get around that. There simply was no legal justification for the seizure. ZILCH! Under Terry, you must be able to articulate clear FACTS that a CRIME is, has been, or will be committed.


It goes beyond someone simply being uncomfortable. Regardless of how gunnies feel about it, open carry is still uncommon enough in this country that the average person does not perceive it as being something that your average person does.


No, it doesn't go beyond that. Ignorance of the law is no excuse whether for us lowly serfs or you mighty LEO's. In fact, I'll go as far as to say that I believe the caller knew it was legal and chose not to give identifying information to avoid civil liability. That is based upon hearing the complaintant in the 911 call.


The bottom line is that responding oficers must id the individual identified in the complaint, secure the weapon, interview and determine the facts of the complaint. That is what happened. I would not have given the lecture, but thats me.


None of that applies w/o reasonable suspicion. You simply do not have the authority to disarm every Joe, Jane, and Jack you meet unless you have legal justification for a seizure. Without reasonable suspicion under Terry officer safety BS does not apply. Period. You can go talk to/ ask questions of anyone you meet. Those people, however, absent any reasonable suspicion, can simply give you the finger and ignore you. That's how it is in America.


I.C.
 
For one thing, what I have read about the incident, I recall that the initial call came from an employee at the store, not anonymously.
I believe your recollection is faulty. I believe the caller did not identify herself. Irrespective of whether or not the caller was identified as a store employee, however, the call (the "complaint" if you will) did NOT allege any illegal activity. It alleged that the caller was uncomfortable.

Yes, the individual reported would be a suspect, at least initially, because he was the person reported to be doing whatever illegal activity was reported
But in the case of MVPel there was NO allegation of illegal activity. Further, the reported activity was in fact legal, a fact known to the responding officers, hence even had it been reported as illegal the responding officers should have immediately discerned that the "complaint" was unfounded. The "suspect" here was "suspected of engaging in legal activity," which does not rise to the level of reasonable suspicion necessary to justify a Terry Stop.
 
For one thing, what I have read about the incident, I recall that the initial call came from an employee at the store, not anonymously.
tcsd1236,

You're just flat wrong. Here is a copy of the 911 transcript:

MANCHESTER PD 911: [indistinct] Emergency.
CELLULAR 911: 91, Agent 134, cell caller on the line reporting a suspicious person carrying a handgun, Manchester, on South Willow inside the Barnes & Noble.
MPD: Inside Barnes & Noble?
CELL: Mm-hmm.
MPD: Okay.
CELL: Caller is on the line.
MPD: Hello, caller, are you there?
FEMALE CALLER: Yes, I am.
MPD: What’s going on?
CALLER: I was just in the barnes and noble on South Willow Street,
MPD: Yep...
CALLER: ...and I walked by a gentleman, he’s wearing a purple dress shirt and khaki pants, and he has a black handgun sticking out of the back of his pants.
MPD: Out of the back of his pants?
CALLER: Yes.
MPD: Wh.. where… One more time, what was he wearing? Khaki pants?
CALLER: Khaki pants and a purple dress shirt. He had dirty blonde hair, and he was with a woman, who was a heavyset woman wearing a white sweatshirt... And I did alert the manager...
MPD: Yeah...
CALLER: ... of the store...
MPD: Yeah...
CALLER: ... and waited for a few minutes to see what was going to happen, and he said he would walk by him, and he did walk by him, but I ... I don’t believe he made a phone call to the police. And I...
MPD: Where was that person in the store, when…
CALLER: He was...
MPD: ...when you noticed him?
CALLER: He was leaning on one of the chairs, they have like, um ... recliner chairs in the middle of the store...
MPD: Uh huh...
CALLER: …and the wife or the girlfriend was sitting in the chair, and he was sitting on the arm of the chair, and it’s right... um... right in front of like the baby & maternity care books, it’s close to the bathroom section of the store.
MPD: Okay... And wh... you’re not there now, are you?
CALLER: No, we just left.
MPD: Okay. Are you uh... what’s your cellphone number?
CALLER: I’d rather not give any of my own information.
MPD: No?
CALLER: No. [pause] I just feel like someone should know about it, because I felt very uncomfortable with him, you know...
MPD: How old was he about?
CALLER: Uh, I’d say he was in his late thirties, mid- to late-thirties.
MPD: And the lady he was with, was she uhh, a white female?
CALLER: She was a white female, she had very thinning hair.
MPD: All right, we’ll send somebody over there and check it out.
CALLER: Okay, thank you!
[caller hangs up]

And here's a transcript of the dispatch tapes, of which mvpel wrote: "Due to the echoes present in the brick, glass, and concrete front entrance of the store you can hear some of their comments to me in the background of a couple of the transmissions. I haven't found a decent audio analysis software package to go over those background voices in detail, if anyone has any suggestions I'd be glad to hear them."

Dispatcher: Belanger, Kathleen E - 447556
Unit 33C: Officer DuPont, David N - 705023
Unit 31C: Officer Biron, Christopher R - 741982
Unit Z15: Sergeant Bartlett, Peter J - 542472
Unit D12: Detective Leighton, Sean - 668778
Unit D21: Detective Patti, John C - 645810
Unit 32C: Officer Murphy, Brandon M - 826750

Call received: 21:03:06
Dispatch: 21:04:18
Arrival: 21:04:58
Cleared: 21:28:59

DISPATCHER: Any one of our units that are off the area of Barnes & Nobles on South Willow?
UNKNOWN UNIT: What was the area?
DISP: Barnes & Noble.
UNIT 33: 33 can head over there if you’ve got something you need to tell me.
DISP: Stand by, I’m getting the information, we’re getting a call for a subject in the area with a gun in his waistband.
UNIT 33: Alrighty, we’ll head over there [overlapping transmission]
UNIT 31: [overlapping transmission] … 31.
DISP: Copy that, 33 and 31.
UNIT 33: [engine revving in background] Whereabouts in Barnes & Noble, on the South Willow street side, or behind it…?
DISP: Gonna' be inside Barnes & Nobles.
UNIT Z15: Zebra-15.
DISP: 10-3.
UNIT Z15: I’m at the mall as well, I’ll head over there.
DISP: Subject is going to be in the child section, got a handgun tucked in the waistband of his pants in the back. He’s a white male, and it’s a black handgun.
UNIT 33: You got the caller on the phone, watchin' him?
DISP: It was a refused caller, that hung up on us.
UNIT 33: Okay.
UNIT 44: 44 clear.
DISP: Copy. [pause] 31 and 33, it’s a white male wearing a purple shirt, and khaki pants, blond hair.
UNIT 33: 33 I’m going off.
DISP: And he’s supposed to be with a heavyset white female.
UNK: He didn’t display it or anything, they just saw it in his waistband?
DISP: No they did not display it, they just saw it hanging out of the back of his pants. [pause] And 31, 33, would you like a Code 7?
UNIT 31 or 33: Yes.
DISP: [tone] All units, Code 7 on 1 for Barnes & Noble. All units, Code 7 on 1. [long pause] … There are zero available to head over to Barnes & Noble?
UNIT Z15: Z15 arriving.
DISP: Copy.
UNIT 34: Z14 can.
DISP: 10-3
UNIT Z14: I can head over to Barnes & Noble.
DISP: Z15 just said he was heading there already.
UNIT Z14: Okay.
UNK: Lincoln 5, Patti & Leighton are going to head over there as well, so in the event he’s in there you can have a couple of plainclothes guys go in first.
DISP: I’ll… let them know that, they might have gone in. 33?
UNIT 33: Yes, we’re inside [indistinct]
DISP: 10-3
UNIT 33: Yeah we’re in the store lookin’. … purple shirt, khaki jacket?
DISP: Purple shirt, khaki pants. He’s supposed to be with a heavyset woman, he was last seen in the child’s uhh, section.
UNIT 33: [indistinct] Who’s the caller?
DISP: Female caller on the cellphone, left, and did not give us any further. Uh, she said he was near the bathroom, blond hair, possibly in his thirties.
[pause]
UNIT 33: I got him.
DISP: 33 you got the party?
UNIT 31: We got him, we got ‘im. [time 21:06:16]
DISP: Copy, units have their party.
UNK: [static, indistinct]
UNK: [static, indistinct]
DISP: 33, where are you?
UNIT 33: We got him … [indistinct]
UNIT D21 or D12: Delta 21 and 12 arrive.
DISP: Copy.
[radio squeal]
UNIT 33: 33.
DISP: 10-3.
UNIT 33: Check 1.
DISP: Go ahead with it.
UNIT 33: Pelletier, P-E-L-L-E-T-I-E-R, first name Michael V–Victor middle, 10-31-70.
DISP: Stand by.
UNIT 31: 31, Can you check a serial number on the firearm?
DISP: Go ahead with it.
UNIT 31: Echo Victor Papa 583, Glock Model 30.
DISP: That’s five eight three?
[long pause]
UNK: Kathy, is your Code 7 clear?
DISP: They’re off with the party with the gun.
[long pause]
DISP: 33?
UNIT 33: Go ahead
DISP: Party’s got a valid operator motorcycle, temporary license. I’m not showing any type of permit in house, but he does show a Merrimack address, would you like us to check?
UNIT 33: Uh, we’ve got one in hand. [background voice “…why were you…â€]
DISP: Copy. [long pause] And the Serial number on the gun is negative. [long pause] 33 did you copy that?
UNIT 33: [to someone else] No, go with the last … [to DISP] I copied that he was valid and stuff. [background voices]
DISP: The weapon’s negative in CIC.
UNIT 33: Okay, thank you.
UNK:[static, indistinct]
DISP: Copy 89 you trying to call?
UNK: [static, indistinct] … [static, indistinct]
DISP: Copy 89 you trying to call?
UNK: [static, indistinct]
DISP: I have a code 7 and I can’t copy you. [pause] 31, all set to clear the code 7?
UNIT 31: Yeah. [background voice: “…you’re all set…â€]
DISP: [tone] All units, code 7 on 1 is clear again. Code 7 on 1 is clear.
UNIT Z15: 15, I’m clear.
DISP: Copy 15.

Both transcripts make it clear that it was an anonymous caller, not a store employee -- and that everyone involved knew that it was not a store employee. The 911 operator also knew that a store employee had declined to call in.

pax

The right to be let alone is indeed the beginning of all freedom. -- Justice William O. Douglas
 
It goes beyond someone simply being uncomfortable. Regardless of how gunnies feel about it, open carry is still uncommon enough in this country that the average person does not perceive it as being something that your average person does.

What does 'uncommon' have to do with legal or illegal? Is making someone feel 'uncomfortable' a 'crime'? Does that mean every time I see a Liberal, that I can call 911 and have an investigation initiated? What you are in effect saying is, tha t since open carry is 'uncommon' and makes people feel 'uncomfortable' that the tyranny of the majority must rule, and let's forget about the law entirely.

That's the difference between a 'deomcracy' and a 'constitutional republic' right there in a nutshell. One is the arbitrary wishes of the 'majority' and the other is based upon the 'rule of law'.

And lest we forget, our government is a Constitutional Republic.
 
Doing the Impossible

You simply cannot issue a blanket declaration that any given activity is or is not sufficient to ignite reasonable suspicion or probable cause. These are legal constructs that have to be individually articulated for any specific instance in court, based on the actions of a reasonable actor with knowledge that they can be reasonable assumed to known in the moment of action. You cannot base an argument on the fact that no illegal activity was afoot negating PC after the investigation concluded the same.

For example let's modify the same scenario, without a visible weapon, but with the suspect asleep. An employee might very well call the police to check this out. I doubt very much that there is a statute making sleeping in public illegal, but officers may still respond to check the welfare of the person or to move them along. If an officer can immediately determine that a crime has been commited and that the person they are confronting did it, they automatically have probable cause to arrest. Clearly this is relatively rare. How about a business owner reporting that the same person has walked by their store 5 times in the last 5 minutes and that they find this "uncomfortable"? This is obstensibly legal, but for many officers (and civilians) will seem suspicious based on their training and knowledge of patterns of robbery. To follow the logic in this thread, officers should not investigate or attempt to develop RS or PC, but should have the dispatcher politely inform the caller that no law has been broken, the police will not respond, and to wait until an offense occurs, then make a report. Clearly the public will not accept this, nor should they.
 
sendec, I don't think folks object to an officer's checking out MVPell. "Different" behavior is worth a check. It's the physical nature of the handling of Pell which most here feel was way overblown--since the officers should have known the law about handgun carry.

My own views are influenced by my own involvements with LEOs. E.g., a buddy of mine and I drove from hunt camp into town to restock on various supplies. I parked by a deputy's car. The deputy noticed the totally-forgotten revolver my buddy commonly wore while hunting. Totally illegal under Texas law, when not on the ranch. The deputy's comment was, "I reckon you should have left that in camp," with a grin. Oops! Pistol quickly put into trunk of car. End of involvement.

And, my age and mileage, I'm sorta underwhelmed by young folks' fears of harmless inactions...

:), Art
 
Mr. Sendec,


You simply cannot issue a blanket declaration that any given activity is or is not sufficient to ignite reasonable suspicion or probable cause. These are legal constructs that have to be individually articulated for any specific instance in court, based on the actions of a reasonable actor with knowledge that they can be reasonable assumed to known in the moment of action. You cannot base an argument on the fact that no illegal activity was afoot negating PC after the investigation concluded the same.


But in this case, there was no reasonable suspicion. You know as well as I do that you are bound by legal restraints in what you can and can't do. YOU KNOW as well as I do that there are legal definitions established by courts as to what constitutes "reasonable suspicion". Specifically, "clear articulable facts based upon REASONABLE inferences that a CRIME is, has been, or will be committed". I can say that there was no reasonable suspicion because the officers knew up front that the activity reported was legal. The officers chose not to observe the "suspect" to try to determine if reasonable suspicion could be formulated. Instead, they chose to rush in with a reckless display of bravado to get their rocks off by roughing up some serf.


For example let's modify the same scenario, without a visible weapon, but with the suspect asleep. An employee might very well call the police to check this out. I doubt very much that there is a statute making sleeping in public illegal, but officers may still respond to check the welfare of the person or to move them along.


Again in the scenario you suggest there is no reasonable suspicion of CRIME. The person, once awake, may simply refuse to speak to you and go on about their business. Are you suggesting that a REASONABLE person would lay hands on the "suspect" in that instance?


If an officer can immediately determine that a crime has been commited and that the person they are confronting did it, they automatically have probable cause to arrest.


What CRIME did MVPEEL commit. Specifically, what facts can be articulated that a REASONABLE person would believe a CRIME is afoot?



Clearly this is relatively rare. How about a business owner reporting that the same person has walked by their store 5 times in the last 5 minutes and that they find this "uncomfortable"? This is obstensibly legal, but for many officers (and civilians) will seem suspicious based on their training and knowledge of patterns of robbery. To follow the logic in this thread, officers should not investigate or attempt to develop RS or PC, but should have the dispatcher politely inform the caller that no law has been broken, the police will not respond, and to wait until an offense occurs, then make a report. Clearly the public will not accept this, nor should they.


Quite to the contrary Mr. Sendec, we are complaining because the officers DID NOT formulate reasonable suspicion. Noone is upset that they responded(to my knowledge), but the officers upon arrival and finding NO IMMEDIATE THREAT chose not to observe the "suspect" at all. Rather, as I stated above, they rushed in with a reckless display of bravado that easily could have resulted in serious injury or death to them or Mr. Pellitier. You are simply trying to cloud the issue.

Had the officers, and I use that term loosely because JBT is more appropriate, had they actually OBSERVED Mr. Pellitier they would have seen he was in condition white completely engrossed in a book and not acting in a manner that would be indicative of criminal activity. Had they done that, they would have known that they didn't have reasonable suspicion to seize him. Then, if they felt the need, they could have simply approached him CIVILLY to continue their inquiry. That is how it should have went down.

This ever widening divide between law enforcement and us normal everyday citizens will only continue its widening until you and others like you PUBLICLY denounce this kind of stuff. When cops begin arresting cops for this kind of criminal behavior without slight or favoritism then and only then will the wounds begin to heal. Things are rapidly heading downhill though as evidenced by the "wanted posters" mentioned elsewhere. I certainly would never support such activity, but if you are so blind as to not see that the day is rapidly approaching when all out war between cops and citizens is approaching then it's likely you will be one of the wanted. Never forget that the reason we have a 2A is precisely so we WILL ALWAYS be more heavily armed than those who might choose tyranny over representation.



I.C.
 
Before the 911 transcript was published I gave the LEO's more slack. Afterwards it is apparent they are sent to investigate a non-crime. "Man with gun in waistband" is a non-event if the area allows open carry. I understand their need to visit to location as a hedge against liability but I don't see their need to do anything other than observe.

Any other response implies unjust harassment against open carry. As in an effort to restrict such behavior. Seems fairly clear-cut now. The department should suffer some legal penalty (say a fine) to encourage their officers to stick to law enforcement.
 
Follow up question...

As a follow up question to the LEO's on here, are ANY of you as concerned as I am about the continued escalation of violence from BOTH sides(LEO and civillian)? If you truly are, then why not do something on your side to stop the escalation? I for one really don't want to see more blood on american streets but the outlook is bleek right now. Only solution I see is for those in authority to de-escalate in a manner that shows respect AND prudence.


I.C.
 
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