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Open carry lawsuit out of Dayton.


4DAIVI PAI2K5

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He had his ID while he was driving, and left it in the car when he exited. Nothing about that is illegal.

Also, if you're concealed carrying, you are required to have your permit on you... Open carry you don't.

Furthermore, you are not required to have your ID while driving as long as you provide enough information to the officer to positively identify yourself. (mainly your social security number)... I've been stopped a couple times without ID and it was never an issue and never even mentioned, other than asking me for my ssn.

Not that it even matters for this since he wasn't driving, and when he was driving he DID have his id... Just posting this because some people don't understand the difference between driving and walking through a gas station

So, with that logic, police can only investigate crimes they have witnessed first hand?

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Ill give you that much, but police are there to investigate crimes, there was no crime committed so there its a waste of money and public resources to investigate a noncrime.

So criminals should never admit to having ID, and they would never be arrested.

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Seems everyone is focused on what happened after the cop stopped him for questioning. That isn't the issue, the issue is did the cop have a reasonable suspicion to detain him in the first place.

The cop did not. That is very clear. Dunno if that rises to the 3 million range but he will win, easily.

Terry law gang. Google it.

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So, let me get this straight.

He belongs to three open carry groups on FaceBook.

He posts a video on some one stopped by police at Krogers for open carry on 3-8-2012.

He gets stopped by police for open carry on Aug. 12, 2012.

Sounds legit.

edit: I want to know how many carry outs/gas stations he had to go into before some one finally called it in.

Edited by ReconRat
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So, let me get this straight....if someone is OC'ing they're automatically an attention whore and looking for a confrontation with the police.

Okay.....got it.

No but if they have had multiple interactions with police where they have taped and recorded the interactions. And EVERY time they refuse to cooperate that is looking for trouble.

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In order to be required to identify who you are, you must be suspected of wrong doing (committing a crime or about to commit a crime), open carry of a firearm is perfectly legal according to ORC 9.68 therefore not a crime so a reason to identify is not fulfilled.

http://codes.ohio.gov/orc/2921.29

2921.29 Failure to disclose personal information.

(A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

(1) The person is committing, has committed, or is about to commit a criminal offense.

(2) The person witnessed any of the following:

(a) An offense of violence that would constitute a felony under the laws of this state;

(b) A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;

© Any attempt or conspiracy to commit, or complicity in committing, any offense identified in division (A)(2)(a) or (b) of this section;

(d) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)© of this section has been, is being, or is about to be committed.

(B) Whoever violates this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree.

© Nothing in this section requires a person to answer any questions beyond that person's name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person's name, address, or date of birth or for refusing to describe the offense observed.

(D) It is not a violation of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the person is suspected of committing.

Effective Date: 04-14-2006

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The Police had no idea who he was/what he was doing. He could've just murdered a bunch of people. Why not ask a few questions?

"POLICE DO NOT HAVE THE RIGHT SO ASK FOR ID OR SEIZE PERSONAL PROPERTY IF NO LAWS WERE BROKEN ACCORDING TO THE CONSTITUTION. In this case they did not even have probable cause. If you disagree with that because he had a gun, then they should assume everyone who has alcohol is going to drink and drive right? seize that shit and detain them.

Everyone who has pain killers is a drug dealer right? seize that shit and detain them.

Everyone who has pressure cookers is a terrorist right? seize that shit and detain them.

Should I continue?"

Figured id post this again since you forget so quickly.

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The Police had no idea who he was/what he was doing. He could've just murdered a bunch of people. Why not ask a few questions?

Thats why they are paid to investigate, and since the bill of rights protects ones right to not self incriminate there is no reason, the officers violated his rights or unlawful search and seizure and unlawful detainment.

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4DAIVI PAI2K5, scottie.harris, Gunner75,

How would you have responded to the scene(as a police officer)?

If I were dispatched I would go. Say Hello and nothing else while going around the store, if I witness or had RS or him doing something illegal I would then talk to him more other then that. I wouldn't have said another word to him.

No, but you do need to take in consideration of where you chose to OC. Walking around a high crime area at 4 am will draw attention. The person in the gas station was concerned about there own safety and did what they thought was right. He has a license to conceal carry, so do just that. Due to the time of day and the area the police reacted in a way to protect themselves and others. The guy was not breakind a law but was not cooperating to resolve the situation quickly either.

I was told during my class to always catty ID no matter how I chose to carry. This is so if there ever is a situation I could prove I was legal (speeds things up a bit).

If it a high crime area getting a drink at 4 am is the reason you shoudl have a gun on you. He is license to CC and he has a RIGHT to OC.

The part in bold is the key part here.

There is no law to carry ID (yet, wait for it). But there is a right to hold a person without one.

Heck, that right is available whether they have an ID or not.

Only if you have RS or PC.

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No but if they have had multiple interactions with police where they have taped and recorded the interactions. And EVERY time they refuse to cooperate that is looking for trouble.

That is also having an agenda but like others have stated, he isn't breaking the law.

If he wants trouble, let him face the consequences when he fucks up and get's it wrong. In this case it doesn't look like he got it wrong.

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So, let me get this straight.

He belongs to three open carry groups on FaceBook.

He posts a video on some one stopped by police at Krogers for open carry on 3-8-2012.

He gets stopped by police for open carry on Aug. 12, 2012.

Sounds legit.

edit: I want to know how many carry outs/gas stations he had to go into before some one finally called it in.

I'm a member of many gun groups on facebook does that give them the right to violate my rights?

Is it illegal to post a video?

He not only gets stopped, but get his property seized and is detained with out RS or PC, violating his rights.

Does it matter how many he went to. Is it illegal to shop at more then one store now a days?

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I'm a member of many gun groups on facebook does that give them the right to violate my rights?

Is it illegal to post a video?

He not only gets stopped, but get his property seized and is detained with out RS or PC, violating his rights.

Does it matter how many he went to. Is it illegal to shop at more then one store now a days?

not at all, but it does tends to appear that he might have been deliberately setting up a lawsuit.

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not at all, but it does tends to appear that he might have been deliberately setting up a lawsuit.

Not aware of any laws that would prevent that. Its common to have a CHL instructor to recommend having a voice recorder on you at all times incase of a stop so you can record the interaction of the officer and any instances where the officer might violate your rights. Police can record you so why is it a bad thing for you to record them? It should keep everyone on the up and up.

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