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Ohio Man Illegally Arrested For Open Carry Sparks $3M Lawsuit


RC K9

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So a guy walks into a store that is apparently known for a lot of crime, drug addicts, people with prior felonies. Aka people who shouldn't be carrying a gun. And he's carrying a gun. MAYBE THE STORE CLERK WAS JUSTIFIED IN CALLING THE POLICE.

 

 

 

Or maybe it'll be the opposite, since a police department with less funding will have less hiring power and will be stuck with a sub-par police force.

 

I have worked in a carry-out that was in a shady area, so I could see the clerk having a higher level of situational awareness.

 

However, I don't see where this guy did anything other than go into Speedway to get some roller food and a coke right? Seems like there might be some facts missing, but if not how was he causing any issues.

 

More important question, can Ron Jermey be charged with having a concealed weapon?

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You don't have to have a CHL/CCW to open carry. You do have to be under suspicion of having committed a crime to be detained. In order to be detained for suspicion of Disorderly Conduct you'd have to meet the requirements of having committed an act of Disorderly Conduct, which he never did.

 

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

 

If the store clerk called 911 thinking that this guy could have been about to commit a crime, then this would be a reasonable argument. He doesn't have to produce identification documentation, but he does have to identify himself.

 

EDIT: I'm not arguing that what the cop did was right, but cops are not a judge or jury. Their job is not to try and sentence you. Their job is gather information, keep the peace, and prevent crime.

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Ignorance of the law isn't an excuse. If you want to go by this standard, I could walk out to the freeway and see cars going fast down the road, say they alarmed me, call the police and then they all would go through something similar, when in reality they all were going 65 MPH breaking no laws.

 

Would a reasonable person conclude that a pedestrian had reason to be alarmed by cars going fast on the freeway?

 

No? Then the cops wouldn't have reasonable suspicion to detain any of the drivers. It's a legal standard, it's not a free pass for cops to do whatever they want.

 

Would a reasonable person conclude that a gas station employee had a reason to be alarmed by a guy walking into the store with a gun?

 

Therein lies the legal challenge, and I'm fairly confident that the courts are going to side with the cops on this one. Especially since you yourself said you would be initially alarmed :)

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As is usual with these sorts of situations there are many ways it could have gone down better for all parties involved. Dude could have concealed his weapon, or left it at home. Gas station employee could have made a better determination of the actual threat. Cop could have not been so confrontational; so could Dude for that matter.

 

But this thread isn't about the incident in general, it's about the 3.6 million dollar lawsuit, which I contend has no merit. I don't see anything the cops did that would rise to the level of illegal or improper behavior.

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As is usual with these sorts of situations there are many ways it could have gone down better for all parties involved. Dude could have concealed his weapon, or left it at home. Gas station employee could have made a better determination of the actual threat. Cop could have not been so confrontational; so could Dude for that matter.

 

But this thread isn't about the incident in general, it's about the 3.6 million dollar lawsuit, which I contend has no merit. I don't see anything the cops did that would rise to the level of illegal or improper behavior.

 

DING DING DING Johnny, what do we have for our winner!?

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Would a reasonable person conclude that a pedestrian had reason to be alarmed by cars going fast on the freeway?

 

No? Then the cops wouldn't have reasonable suspicion to detain any of the drivers. It's a legal standard, it's not a free pass for cops to do whatever they want.

 

Would a reasonable person conclude that a gas station employee had a reason to be alarmed by a guy walking into the store with a gun?

 

Therein lies the legal challenge, and I'm fairly confident that the courts are going to side with the cops on this one. Especially since you yourself said you would be initially alarmed :)

 

I don't think anyone is arguing that the person who called the cops is or is not out of line, that doesn't matter.The argument is whether this persons rights were violated by the police, and as far as I can tell, they absolutely were. The amount of his lawsuit is patently absurd, but it's getting attention.

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A few things that happened that most may not know.......mostly because it doesn't make Mr. Open Carry look so good.

 

This goof goes in this Speedway almost every night @ 3AM or so, after he gets off work.

 

Same goof "always" open carries a firearm in the store.

 

Same goof had a recording device on him and running, expecting a confrontation.

 

Same goof drove there, left his wallet and ID in his truck.

 

Same goof told the police he had no ID with him, technically in his truck?

 

Same goof had his car keys on him and verified that his vehicle was on the lot and gave permission to search it.

 

Same goof live in Troy, no where near this store.

 

No one called the police.

 

Responding officer knew about this activity and expected to cross paths

 

We saw the end result, 2 assholes getting together, flexing their muscles and seeing who had the upper hand.

 

Bottom line, you may beat the charge, but you won't beat the ride. While that may be good for most, think about your fingerprints and what ever else on file. Add that to the ambiance of the book in at the jail, that should be enough reason to just co-operate.

 

This whole thing sounds like a guy going to a toughman contest, picking a fight with the baddest guy, getting his ass beat, and then getting a lawyer to sue everybody.

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What's worse than police officers who "dont know the law" by asking someone their name? Absolutely pathetic frivolous lawsuits...

 

And thats what this is, a frivolous lawsuit... I really do get tired and annoyed with seeing these stories.... This guy was attention grabbing... Was he within his rights? DEFINITELY. But WHY make such a big deal about it... Why not say his name? Just for the point of it? That is just stupid... especially when you know damn well he KNEW what would happen by trying to avoid it... and now he is trying to make money off of it...

 

You want to be irritated with someone... be irritated with whoever called the cops to begin with, who also didnt know the law...

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This goof goes in this Speedway almost every night @ 3AM or so, after he gets off work.

 

Same goof "always" open carries a firearm in the store.

 

Same goof had a recording device on him and running, expecting a confrontation.

 

What was he carrying? Does he always record every trip to the store?

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It's a good idea to carry a device to record interactions with LEOs or whomever, because of the many misunderstandings that occur. Most of the Open-Carry forums I've been on recommended it.
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A few things that happened that most may not know.......mostly because it doesn't make Mr. Open Carry look so good.

 

This goof goes in this Speedway almost every night @ 3AM or so, after he gets off work.

 

Same goof "always" open carries a firearm in the store.

 

Same goof had a recording device on him and running, expecting a confrontation.

 

Same goof drove there, left his wallet and ID in his truck.

 

Same goof told the police he had no ID with him, technically in his truck?

 

Same goof had his car keys on him and verified that his vehicle was on the lot and gave permission to search it.

 

Same goof live in Troy, no where near this store.

 

No one called the police.

 

Responding officer knew about this activity and expected to cross paths

 

We saw the end result, 2 assholes getting together, flexing their muscles and seeing who had the upper hand.

 

Bottom line, you may beat the charge, but you won't beat the ride. While that may be good for most, think about your fingerprints and what ever else on file. Add that to the ambiance of the book in at the jail, that should be enough reason to just co-operate.

 

This whole thing sounds like a guy going to a toughman contest, picking a fight with the baddest guy, getting his ass beat, and then getting a lawyer to sue everybody.

 

If this is all true the guy is really an asshole. He wanted his rights violated with his actions. Just because something is legal doesn't mean you should do it.

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A few things that happened that most may not know.......mostly because it doesn't make Mr. Open Carry look so good.

 

This goof goes in this Speedway almost every night @ 3AM or so, after he gets off work.

 

Same goof "always" open carries a firearm in the store.

 

Same goof had a recording device on him and running, expecting a confrontation.

 

Same goof drove there, left his wallet and ID in his truck.

 

Same goof told the police he had no ID with him, technically in his truck?

 

Same goof had his car keys on him and verified that his vehicle was on the lot and gave permission to search it.

 

Same goof live in Troy, no where near this store.

 

No one called the police.

 

Responding officer knew about this activity and expected to cross paths

 

We saw the end result, 2 assholes getting together, flexing their muscles and seeing who had the upper hand.

 

Bottom line, you may beat the charge, but you won't beat the ride. While that may be good for most, think about your fingerprints and what ever else on file. Add that to the ambiance of the book in at the jail, that should be enough reason to just co-operate.

 

This whole thing sounds like a guy going to a toughman contest, picking a fight with the baddest guy, getting his ass beat, and then getting a lawyer to sue everybody.

 

This guy gets it

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Yeah, I record every interaction I can. Especially ready when open carrying.

 

How often do you interact with cops on official business? I've probably had 1 interaction since I graduated college.

Edited by LJ
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Call me a pussy but I can't be armed in my store so if I see a gun I'm calling the police. I'm not waiting a few minutes to see if he's exercising a right or there to rob me. I might not have that time

 

:dumb:

 

Nobody who is going to rob you is going to do so with his sidearm holstered for the world to see on his way in.

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How often do you interact with cops on official business? I've probably had 1 interaction since I graduated college.

 

At least a few times per year and I also work where I encounter them a lot more than that and I carry 99.9% of the time. My employer encourages carrying.

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