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Know Nothing Bully Cop!

Discussion in 'Off Topic Threads' started by pyrdek, Jan 8, 2013.

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  1. pyrdek

    pyrdek Well-Known Member

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    From the Erie Times News on line edition today.

    Please note that open carry of handguns is legal in PA and the article does not even list if it was a BB handgun or BB rifle, which is entirely legal to carry. Not only did this bully cop stop them, he HELD THEM AT GUNPOINT. If he had them put the guns on the ground and step away, he might have been able to see it it was a BB gun. If he was so scared of a BB gun, they were just lucky that he did not shoot first.

    Then he charges them with the catch all "Disorderly Conduct". Can I see a civil suit for official oppression, unlawful arrest and assault with a deadly weapon coming in this bully cop's future. Oh yes, you know if this happens, the taxpayers will be the ones who end up paying!

    ***

    Two men were charged with disorderly conduct today after Erie police said they walked down a street on the city's west side displaying BB guns.

    Police were called to the 300 block of West 10th Street at 3:35 p.m. to investigate a report of a person walking down the street with a gun.

    One officer encountered the two men with BB guns and held them at gunpoint until other officers arrived. There were no injuries, police said.
     
  2. Rick Barker

    Rick Barker Well-Known Member

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    Yeah, but.....

    Maybe he could not tell it was a BB gun. Some older makes look like the real thing.

    Today's environment, everybody panicked and emotional. You have to question the IQ of someone walking around on the street with an uncased gun.

    Cop gets a call of man with a gun, no further details. What he did was correct and by the book.


    A wise man would not wait to get shot, before finding out what type of gun it is. Maybe they have the real thing in addition to the BB gun. In many cities and towns they have ordinances against discharging any type of weapon, including BB guns, slingshots, bow and arrow.

    This happens a lot, everywhere.
     
  3. ivanhoe

    ivanhoe Well-Known Member

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    Entirely legal to carry. I have a couple of BB pistols and a couple of Airsoft pistols. They came with this in the paper work in the packaging.

    "All BB guns sold in the U.S. must have an orange tip on the barrel about a quarter of an inch in length, identifying it as a toy and not an real firearm. Because of repeated accidental shootings by law enforcement officers who mistake airsoft guns for actual weapons, this law makes sense. In most areas, it is legal for the owner of airsoft guns to remove the orange indicator, though regulations vary widely and, for safety's sake, doing so is inadvisable.

    Something I didn't know until I got my first BB pistol. If the young people in the article you posted modified those BB guns and removed the orange tip on the barrel. They got what they deserved. Likeit or not there is a reason for it. As in the picture below.

    Bob Lawless



    [​IMG]
     
  4. PNT

    PNT Member

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    Find Out How Police Used Provision in Healthcare Law to Confiscate Man’s Camera and Charge Him With Crimes

    As a bloody-faced man was frisked by sheriff’s deputies and loaded into an ambulance, 28-year-old Andrew Henderson was recording the scene with his video camera — as he regularly does with law enforcement.

    But as he recorded outside his apartment building in Little Canada, Minn., Henderson was approached by one of the deputies, Jacqueline Muellner, who then ripped the camera out of his grip.

    “We’ll just take this for evidence,” Muellner said, the voices of the officers captured on Henderson’s cellphone. “If I end up on YouTube, I’m gonna be upset.” A copy of the cellphone audio was provided to the Pioneer Press.

    A week after his camera was taken on Oct. 30, 2012, Henderson was charged with obstruction of legal process and disorderly conduct, both misdemeanors. Henderson is adamant that he did nothing wrong.

    Henderson explained to the Ramsey County sheriff’s deputies that he was within his rights to be there and to record them on video. He also refused to identify himself, according to the Pioneer Press.

    The day after his camera was confiscated, Henderson went to the Arden Hills sheriff’s substation to get it back. He was told he would have to wait, but instead of a camera, he later received the two misdemeanor charges.

    Henderson returned again around Nov. 17 to get a copy of the police report and retrieve his camera. Deputy Dan Eggers refused to provide him with either but had some words for him.

    “I think that what (the deputies) felt was you were interfering with someone’s privacy that was having a medical mental health breakdown,” Eggers said in a conversation recorded by Henderson. “They felt like you were being a ‘buttinski’ by getting that camera in there and partially recording what was going on in a situation that you were not directly involved in.”

    Unfortunately for Eggers, there is no law against being a so-called “buttinski.”

    The Press has more details on the reasoning behind the charges:

    The deputy wrote on the citation, “While handling a medical/check the welfare (call), (Henderson) was filming it. Data privacy HIPAA violation. Refused to identify self. Had to stop dealing with sit(uation) to deal w/Henderson.”

    Henderson appeared in Ramsey County District Court on Jan. 2. A pretrial hearing was rescheduled for Jan. 30.

    The allegation that his recording of the incident violated HIPAA, or the federal Health Insurance Portability and Accountability Act, is nonsense, said Jennifer Granick, a specialist on privacy issues at Stanford Law School.

    The rule deals with how health care providers handle consumers’ health information.

    “There’s nothing in HIPAA that prevents someone who’s not subject to HIPAA from taking photographs on the public streets,” Granick said. “HIPAA has absolutely nothing to say about that.”

    Henderson’s case, the latest in a number of incidents involving citizens recording police officers, is now gaining national attention.

    Jane Kirtley, professor of media ethics and media law at the University of Minnesota, told the Pioneer Press that she wished “the police around the country would get the memo on these situations.”

    “Somebody needs to explain to them that under U.S. law, making video recordings of something that’s happening in public is legal,” she added. “Law enforcement has no expectation of privacy when they are carrying out public duties in a public place.”

    The Ramsey County Sheriff’s Office is refusing to comment on the case, saying it involves an “ongoing investigation.”

    However, he did specify that, “It is not our policy to take video cameras. It is everybody’s right to (record) … What happens out in public happens out in public.”

    Henderson said he plans to see the case through if the charges against him aren’t dropped. In other words, he will not be accepting any plea deals.

    “I’m in the right,” he said. “If they don’t drop it, I’m definitely going to trial.”



    (H/T: Drudge)
     
  5. pyrdek

    pyrdek Well-Known Member

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    Even more "interesting" is that the story has been pulled from the on-line edition and there is no mention of it. Also there was a "teaser" on the TV earlier in the evening about this incident but I did not see anything on it on the two news shows I watched later the same night. I will have to see if the printed edition tomorrow has anything on it.

    I am getting the feeling that someone decided that this story had better be quashed but I wonder who put the word out to drop the story. Since it covered the newspaper and two separate corporation's TV newscasts, it seems that someone else might want to prevent any additional embarrassment to the PD.
     
  6. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Yet another sign of a police state is when the cops just make up laws as they go.
     
  7. oz

    oz Active Member

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    I guess if he was filming a mass murder he would be in violation of hippa too???
     
  8. pyrdek

    pyrdek Well-Known Member

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    When I took a look at the Erie Times on line later in the evening, the story was gone and it still is not posted there. I then checked out WJET and there was nothing posted on their news site (and as of a minute or two ago, there still is not) WICU did have the story posted tonight but it was not posted yesterday evening when I checked earlier in the evening following the original story put up on the newspaper's web page in the afternoon.

    I also did not see it on the late night news for either station.

    Here is a link to the story that was put up on the WICU web site yesterday, according to their info, at 8:05 P.M. The news copy is slightly misleading in one way. They claim to have been there to capture the incident when they actually only showed the two guys already handcuffed and sitting on a stair.

    The police officer did say that one suspect started to point the realistic looking BB gun at him but then dropped it in the snow at the last second. An interesting aspect of this is that he was the arresting officer and also told the reporter about the incident. I would have thought that a patrol supervisor or such would have been the one talking to the reporter. On a few other times, when the "street cop" talked to the reporter, there were questions raised about what they said. I would have thought that their supervisor, and the FPO lawyer both would have instructed the cops to not talk to reporters but refer questions to a supervisor or spokesman.

    Here is the link to WICU's Story.
     
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