Did Law Change? Unreal incident at clinic...

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    Grandmaster
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    Sep 22, 2008
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    Kokomo
    Agreeing that this situation is handled wrong on many levels... I also can't seem to get past this ^^
    What the heck is that? How can "the staff" (assuming this is the clinic staff) require someone to go "all the way home" before reentering their premises? I think I would have left the gun in my trunk, go park on the street nearby (removing the gun from their property), and immediately walk back in to get my family. Even walking in while the LEOs were still there. NObody can tell you where you have to go,... unless they're taking you to jail.

    Yeah, I would have had to giggle...
     

    b0r0b

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    May 28, 2010
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    I was thinking if I were in this situation, I would probably tell the officers, "If you believe I am breaking a law, then you need to do your job and arrest me or ticket me or whatever is appropriate." All while thinking please arrest me so I can sue the pants off your sorry arse!

    I acted 80% differently than I would have had my kids not been there. My wife does not drive so they would have been stuck there and we have no family in Indiana. Had I been at the clinic by myself I would have begged to be arrested for a crime that I did not commit/made up crime.

    After speaking with Guy, it looks like a case is sort out of the question since Reid is a private hospital and he said they could just say they were called and were handling the situation as it came to them. I did just get off the phone with the clinic's supervisor and he informed me that someone from his office made the call themselves apparently with no patient interaction. They also gave my ID to the officers "illegally" as I would not have produced any information since a crime did not occur and all they should have done was ask me to leave.

    I am going to the department in a few minutes to file my paper complaint and ask to speak to a supervisor right now if I can. At the absolute very least I want their officers retrained on the law and I want the 911 caller arrested for making a false emergency call IF IN FACT the call states I was waving my gun around out of my holster. IF that is not the case, I want the one officer that told me that was the call meeting with the chief about fabricating a story in order to make the seizure legitimate.
     

    cobber

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    PR-WLAF
    I wonder how the court case would play out if you insisted on being arrested for the imaginary crime. Would it still be a false arrest if you were literally asking for it?
    It's not against the law to violate a law that doesn't exist. So any arrest for an imaginary offense would be a false arrest.

    Officer, I double-dare you to arrest me for drinking milk on Tuesday!
    OK, pal, up against the wall and spread 'em!

    In order to be arrested, there has to be probable cause that you have committed the elements of a crime. If there's no such crime, there metaphysically can't be PC.:)
     

    cobber

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    I am going to the department in a few minutes to file my paper complaint and ask to speak to a supervisor right now if I can. At the absolute very least I want their officers retrained on the law and I want the 911 caller arrested for making a false emergency call IF IN FACT the call states I was waving my gun around out of my holster. IF that is not the case, I want the one officer that told me that was the call meeting with the chief about fabricating a story in order to make the seizure legitimate.
    Don't forget to make the request for the records. You may need this someday if someone alleges that you have a history of misusing your firearms.

    Find out exactly what the police have.

    If you don't sue them, then file to expunge any record of this event, just so the ISP down the road doesn't go after your license because of that "event" at the clinic.

    You are entitled to expungement as a matter of law since there cannot be PC for an imaginary offense.
     

    Scutter01

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    Mar 21, 2008
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    It's not against the law to violate a law that doesn't exist. So any arrest for an imaginary offense would be a false arrest.

    Officer, I double-dare you to arrest me for drinking milk on Tuesday!
    OK, pal, up against the wall and spread 'em!

    In order to be arrested, there has to be probable cause that you have committed the elements of a crime. If there's no such crime, there metaphysically can't be PC.:)

    I understand how it's SUPPOSED to work, but the courts usually defy logic. I could see a case where the defending attorney argues that "my LEO defendant is innocent of the false arrest charge because the plaintiff begged him to arrest him."
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    I am on my iPod and have only read through post #40 so far.

    What I'm left with is the thinking that perhaps education needs to be done with the officers on the scene but much more so with the doctor or whoever manages that clinic. Techres, as usual, is correct that this may prompt them to post signs, but a bit of education might (in a perfect world) make those signs welcome lawful LTCH holders, rather than forbid us.

    Will read more as I can, but not sure how long that will take... I'm sitting in a medical waiting room at the moment (armed, of course) as well, one with a big sign on the door that reads "NO FIREARMS ALLOWED".

    What a pity... Mine might print sometimes, but it can't read. ;)

    Blessings,
    Bill
     

    b0r0b

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    I appreciate everyone's feedback, responses, messages and reputation hits. Anytime the likes of Scutter and BoR hit a thread you catch a bit of wisdom. I am going to do what I can with the clinic to see where the "rule" comes from and what can be done about law abiding citizens.
     

    Kutnupe14

    Troll Emeritus
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    Jan 13, 2011
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    Nah, the officer I know gave everything back. One of the officers did my tint on my car (which is an illegal %, btw in my town) and I think they just wanted to walk away without me having to call anyone. He told me if he sees me carrying open he will take my "permit".

    I find this the most interesting, that you admit to having your tint done illegally, and then throw the officer that did it under the bus.

    Never trust a citizen :laugh:
     

    DaddyFixSemi

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    Oct 6, 2011
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    Princeton, In
    I was thinking if I were in this situation, I would probably tell the officers, "If you believe I am breaking a law, then you need to do your job and arrest me or ticket me or whatever is appropriate." All while thinking please arrest me so I can sue the pants off your sorry arse!

    That's exactly what i would say and think as well.

    I know that most people experience an increase of blood pressure and nerves when dealing with the cops, however I think that it's important to realize that most cops also experience those symptoms as well during encounters such as these.
     

    watkins1988

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    Aug 23, 2011
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    Indy
    Just going to go ahead and ignore the previous 140 posts, then?
    actually i did read them. and there was a mention of that this is the reason one guy carries concealed. and it was brushed off. the only other thing i saw was cop bashing and talk of lawsuits. its very clear that most leo's dont agree with open carry. so why go through the trouble? what are the advantages? i think most people do it for no other reason than to prove that they can do it. and they are the ones that get hassled by police. cops do what they want. and thats not gonna change.
     

    bobzilla

    Mod in training (in my own mind)
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    Nov 1, 2010
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    Brownswhitanon.
    actually i did read them. and there was a mention of that this is the reason one guy carries concealed. and it was brushed off. the only other thing i saw was cop bashing and talk of lawsuits. its very clear that most leo's dont agree with open carry. so why go through the trouble? what are the advantages? i think most people do it for no other reason than to prove that they can do it. and they are the ones that get hassled by police. cops do what they want. and thats not gonna change.

    You hear that? It was the 747 that was carrying the point at 36k feet as it passed over your head at 500mph.
     
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