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Open carry lawsuit out of Dayton.


4DAIVI PAI2K5
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DAYTON —

While openly carrying his Springfield XDM .40-caliber handgun, Tipp City resident Roy Call walked into a Riverside Speedway store at 4:30 a.m. Aug. 12, 2012 to buy a sports drink.

That’s when — as claimed in a lawsuit against the city of Riverside, its mayor and two police officers — Call said he was illegally detained and briefly had his gun confiscated. Call is seeking compensatory and punitive damages of $3.6 million in a lawsuit field in the United States District Court/Southern District of Ohio in Dayton.

But Riverside police Chief Mark Reiss said his officers acted correctly and all Call had to do was cooperate.

“Had he been truthful with the police and simply provided his identification so that they could have quickly ran it, that encounter would have been over very quickly, within a minute or two,” Reiss said.

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But you have to cooperate and you should consider the area your in. The police don't mess around in riverside or Dayton, high crime area and added risk to the job. Police (on duty) have to protect themselves and the public. I just do not mess with people that out gun me.

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This is an instance where this guy goes out of his way to initiate interactions by law enforcement for the sake of filing lawsuits. I don't condone people who do this. He is using certain court rulings to initiate and file lawsuits. I'm definitely not a fan of having my firearm seized, if they wont allow me to take their gun, then they shouldn't have to take mine. Officer safety is far from a reason to seize a weapon on a stop

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Sounded like guy was being a dick. Why lie about anything? If a was working the convenience store at 0430 I would have reacted the same way and called the cops had I seen a gun.

What did he lie about?

But you have to cooperate and you should consider the area your in. The police don't mess around in riverside or Dayton, high crime area and added risk to the job. Police (on duty) have to protect themselves and the public. I just do not mess with people that out gun me.

You do not have to cooperate with an unlawful order. You just answer why he should be carrying a firearm.

See Warren v. district of columbia. Police have no duty to protect you.

But he was within his rights and doing nothing illegal. Why should he have his right infringed on because he is in a bad neighborhood?

This.

With out RS or PC they have nothing to question or detain him on.

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But he was within his rights and doing nothing illegal. Why should he have his right infringed on because he is in a bad neighborhood?

He was looking for a confrontation...and he found one. His rights were not infringed. If he would have cooperated, we would not have heard about this at all.

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This is an instance where this guy goes out of his way to initiate interactions by law enforcement for the sake of filing lawsuits. I don't condone people who do this. He is using certain court rulings to initiate and file lawsuits. I'm definitely not a fan of having my firearm seized, if they wont allow me to take their gun, then they shouldn't have to take mine. Officer safety is far from a reason to seize a weapon on a stop

He didn't initiate anything in this instance.

Edited by 4DAIVI PAI2K5
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All he had to do was cooperate. Its the police job to investigate, make sure laws are followed and there is no danger to others. You need to consider "what if". They don't know his intension and they must assume the worst. This is only my opinion...

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He was looking for a confrontation...and he found one. His rights were not infringed. If he would have cooperated, we would not have heard about this at all.

Unreasonable seizure is not an infringement?

Cooperate with what, he was doing nothing illegal.

Edited by 4DAIVI PAI2K5
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i understand people like to make things easy, but legally the cop has no right to ask for ID if he has done nothing wrong. being a dick or not its still his right to legally refuse to identify himself. if the police violate the constitutional right then they deserved to be sued, then maybe they will understand that its not ok to violate peoples rights.

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This thread, so far, makes me feel embarrassed to be an American who believes in the constitution.

"just cooperate and it will be okay" is an awful mind set to be in.... Fuck having rights, just cooperate.

Those of you so willing to give up your rights that our founding fathers and military all fought and still fight for, should be absolutely ashamed.

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I firmly believe there is no reason to open carry, other than to gain attention or get a reaction.

Did he do anything illegal, probably not. Stupid, yes. Further the anti-gun agenda, yes. Make us look bad in the news, yes. No reason for it.

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All he had to do was cooperate. Its the police job to investigate, make sure laws are followed and there is no danger to others. You need to consider "what if". They don't know his intension and they must assume the worst. This is only my opinion...

there was no crime to investigate.

No their job is to enforce the laws not to become the TV show "Person of Intrest"

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Then his intent was to deceive.

Police should prevent crimes, not just be a reactionary force.

How? There is no law that says you must identify, there is no law that says you must carry Identification.

edit, you must identify if you are being detained, and you can only be detained if there is a reasonable suspicion of a crime being committed. Open carry of a firearm is protected by ORC 9.68 and the second amendment, therefore not a crime so detainment was in effect illegal

Edited by Gunner75
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