quote:

Originally posted by 12131:

quote:

Originally posted by ArtieS:
I would write a blistering letter to the chief, I would bitch to my legislators, both state and federal, and I would have my lawyer write them a forcefully worded letter about my rights.

Fuck them. They approached you with guns drawn. That means they were prepared to kill you simply for existing. That is simply unacceptable, and I would make that fact very clear to them.

It's formal complaint time. If a cop draws a gun on you, and searches you, they had better fucking have PC that you committed a crime.

Obviously, without more, I can't give a full opinion about this, but I would seriously consider suing the shit out of them.

Guns are legal in Florida. No gun was seen. You have a permit for the gun on your hip. Where is the PC for searching your car?

+1.
Jumpy because of all the BS protests is just no excuses for their actions. That was no "professional" action.

quote:

Originally posted by Gustofer:
^^^^ Would you believe that my incident happened in Polson?

quote:

Originally posted by bigdeal:


1 - The guns drawn angle given the described circumstances seems way over the top.
2 - Search of the vehicle? On what grounds given the circumstances?
3 - Search of the wife? On what grounds?

quote:

Originally posted by ArtieS:
I would write a blistering letter to the chief, I would bitch to my legislators, both state and federal, and I would have my lawyer write them a forcefully worded letter about my rights.

Fuck them. They approached you with guns drawn. That means they were prepared to kill you simply for existing. That is simply unacceptable, and I would make that fact very clear to them.

It's formal complaint time. If a cop draws a gun on you, and searches you, they had better fucking have PC that you committed a crime.

Obviously, without more, I can't give a full opinion about this, but I would seriously consider suing the shit out of them.

Guns are legal in Florida. No gun was seen. You have a permit for the gun on your hip. Where is the PC for searching your car?

quote:

Originally posted by radioman:
Did you give permission for the car search or did they just do it?

quote:

Originally posted by MikeinNC:
2. Don't need a warrant to search a car (go look it up) and I'd say they would be covered under exigent circumstances also

You don't need a warrant to search a car, but you do need consent or probable cause that it contains evidence of criminal activity. Or you are searching it incident to someone's arrest, or doing an inventory search before impound. Exigent circumstances is irrelevant in a vehicle search.

3. another person presented themselves into the scenario of a man with a gun call...of course they can search her purse for a gun. (if she had stayed away they would not have searched her purse)

Of course you can't. Unless you have reasonable suspicion that the person is presently armed.

quote:

Originally posted by bigdeal:
Ok, Artie pointed out one of my concerns, but I'd like to hear from our resident attorneys

quote:

Originally posted by flesheatingvirus:

quote:

Originally posted by ArtieS:
I would write a blistering letter to the chief, I would bitch to my legislators, both state and federal, and I would have my lawyer write them a forcefully worded letter about my rights.

Fuck them. They approached you with guns drawn. That means they were prepared to kill you simply for existing. That is simply unacceptable, and I would make that fact very clear to them.

It's formal complaint time. If a cop draws a gun on you, and searches you, they had better fucking have PC that you committed a crime.

Obviously, without more, I can't give a full opinion about this, but I would seriously consider suing the shit out of them.

Guns are legal in Florida. No gun was seen. You have a permit for the gun on your hip. Where is the PC for searching your car?

Leaning towards this. They endangered your life, and for what reason?

quote:

Originally posted by ArtieS:
It's formal complaint time. If a cop draws a gun on you, and searches you, they had better fucking have PC that you committed a crime.

quote:

Originally posted by bubbatime:

quote:

Originally posted by ArtieS:
It's formal complaint time. If a cop draws a gun on you, and searches you, they had better fucking have PC that you committed a crime.

OH SNAP, the fucking internet lawyers have showed up!!! Ahhhhh !!!

quote:

Originally posted by V-Tail:
You are aware that ArtieS is, in fact, an attorney here in Florida, where the incident took place, ¿si

quote:

Originally posted by V-Tail:

quote:

Originally posted by bigdeal:
Ok, Artie pointed out one of my concerns, but I'd like to hear from our resident attorneys

You are aware that ArtieS is, in fact, an attorney here in Florida, where the incident took place, ¿si?

Knowing him personally, as I do, I kind of think that his posted reaction was done with a solid knowledge of Florida law.

quote:

Originally posted by MikeinNC:

quote:

Originally posted by bigdeal:


1 - The guns drawn angle given the described circumstances seems way over the top.
2 - Search of the vehicle? On what grounds given the circumstances?
3 - Search of the wife? On what grounds?

1. They react to the call they get-not what is actually going on (ie, someone playing with some ammo and loading mags)
2. Don't need a warrant to search a car (go look it up) and I'd say they would be covered under exigent circumstances also
3. another person presented themselves into the scenario of a man with a gun call...of course they can search her purse for a gun. (if she had stayed away they would not have searched her purse)

Now, that being said, there is another way to address the call...but you have to put yourself into their position...all they have is a call about a man with a gun call....would you just saunter up and strike up a conversation with, "Good day citizen" ? Prolly not...

let's not beat up the cops who were doing their jobs of investigating crime-turns out no crime and cops go away....

the problem is that someone who called it in was frightened of a man loading magazines in a public area...(maybe not the smartest thing to do-but certainly not illegal)
because that citizens was scared of a big bad gun

quote:

Originally posted by bigdeal:

quote:

Originally posted by MikeinNC:

quote:

Originally posted by bigdeal:


1 - The guns drawn angle given the described circumstances seems way over the top.
2 - Search of the vehicle? On what grounds given the circumstances?
3 - Search of the wife? On what grounds?

1. They react to the call they get-not what is actually going on (ie, someone playing with some ammo and loading mags)
2. Don't need a warrant to search a car (go look it up) and I'd say they would be covered under exigent circumstances also
3. another person presented themselves into the scenario of a man with a gun call...of course they can search her purse for a gun. (if she had stayed away they would not have searched her purse)

Now, that being said, there is another way to address the call...but you have to put yourself into their position...all they have is a call about a man with a gun call....would you just saunter up and strike up a conversation with, "Good day citizen" ? Prolly not...

let's not beat up the cops who were doing their jobs of investigating crime-turns out no crime and cops go away....

the problem is that someone who called it in was frightened of a man loading magazines in a public area...(maybe not the smartest thing to do-but certainly not illegal)
because that citizens was scared of a big bad gun

A couple things. One, I have had personal dealings with the Miami-Dade PD in the past. They are well known for 'bending' the law. I am not anti-LE, but I do not trust this particular LE agency at all given their past. Second, I have a number of friends who work for several Central Florida LE agencies, and I do not believe they would have drawn down on someone without a much better grasp of the circumstances. I'll concede that if the op concented to a search of the vehicle, then that's on him. But with no arrest, and likely a pretty good idea of what was 'actually' going on by the time the Miami-Dade officers had questioned him, my bet is they went on a fishing expedition in the ops vehicle. Again, this is right in line with the way Miami-Dade has operated in the past.

Regardless what actually happened, filing a complaint with the Miami-Dade PD is like throwing a pebble into the ocean and hoping for a tsunami. I'm glad he escaped somewhat unscathed.