Man Files $3 Million Lawsuit After Being Arrested for Lawful Open Carry

[SouthernBoy]

Officer: "Mr. docmath, I am going to have to hold on to that firearm for my safety, until I can verify that your CHL is valid. While I am checking to see if your CHL is valid, I am also going to check the serial number of your gun to ensure that it is not stolen, which I know you won't mind me doing because you have nothing to hide. By the way, do you have any other items that might be used as weapon, such as knives?"

docmath: "Ummm....well, yes, I guess I have a knife in my fishing tackle box."

Officer: "Mr. docmath, you won't mind showing me the knife, after all you have nothing to hide, right?"

docmath: "No sir, I don't mind at all because, like you said I have nothing to hide. Let me pop open the trunk for you, so you can see the knife in the tackle box."

Officer: "Mr. docmath, this knife that you have here has a fixed blade that it 4 and 1/2 inches long."

docmath: "I suppose so..."

Officer: "Mr. docmath, I am going to have to arrest you for a misdemeanor for possession of a fixed blade knife with a length over 4 inches long because that is illegal by the city ordinance in our fair city here."

Just because you have nothing to hide is never a guarantee they won't find something. I refuse to waive my rights to be secure in my papers and personal effects just because "I have nothing to hide."

Very well stated, Navy. The phrase, "Why should I worry.. I have nothing to hide" is exactly what police want and like to hear. Just as your little scenario played, this can and does happen in the real world. Suppose one's car was in for service and some car jockey was smoking a joint and dropped another one in the customer's trunk. Our "victim" has just become an arrested victim.

I would suggest that docmath purchase a copy of "You & The Police" by Boston T. Party, read it, and keep it handy at all times. The police are looking for bodies... people who they can arrest. Don't be one of those and this attitude of "I have nothing to hide" is how you get there.

 

[CapGun]

This is a legitimate suit. The LEO did much more than not understand the law. Comments like "I've been doing this longer than you've been on earth." Comments about the NRA. Refusal to check the code before affecting an arrest. More than just a mistake. This one is going bad for the department.

You are a bit inconsistent on this thread given your "like" on Bozz' post. No splitting hairs please.:stop:

 

[BC1]

You are a bit inconsistent on this thread given your "like" on Bozz' post. No splitting hairs please.:stop:

Yup. I liked the wrong post. Fixed it.

 

[NavyLCDR]

But open carry folks have to have some common sense and realize they are of concern around schools, liquor stores, stop and robs, banks, etc.

I've open carried in all those places in Washington State without any problems whatsoever. Just not inside the building at my daughter's schools, because that is illegal. Common sense is that a gun in a holster is not presenting a danger to anyone except for the criminal who might choose to attack.