Rush, this shocked me as well, I have never seen the CSPD react in this way, ever.. in almost 10 years of OC ..
I was VERY disappointed with the actions of all the CSPD officers on the scene.. It's sad that they threatened him with a tazer, basically said "ignorance of the law is no excuse" .. So what was his? .. Stomped all over his 2A rights by stating in essence HE DIDN'T care...
All of this .. by senior officers...
--Rob
Howdy Folks!
I gotta agree with Rob!
My stance is that I am generally pro-cop. But these guys abused the man's right to carry. I've asked before, and ask again now:
What was their RAS?
No RAS, no probable cause.
No PC, then leave people alone!
The police, sworn to uphold and defend the Constitution of the United States, and the Constitution of the State of Colorado, did precisely the opposite.
Why? Where is the probable cause? Or even more elementary, what was their RAS to contact him in the first place? What reasonable use of force escalation scale would have them threaten to taser the man? He wasn't giving any cause. He had a legitimate right to dissent from illegal behavior by police officers.
“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
When a police officer does not know the law, especially a senior officer, and abuse a citizen's rights, as these men did, it doesn't matter whether you or I, or anyone else may denounce their conduct. Their behavior in making an illegal detention (similar to St. John v. Alamagordo) speaks for itself, and they are condemned, not by me, but by their own abuse of power. They didn't know the law! Men wearing badges and sworn to uphold it.... didn't know the law!
That would be every bit as banal as a doctor who doesn't know the difference between the sternocleidomastoid and a dorsal interosseous
The assertion that their 'cheat sheet' had an error in it is a ridiculous excuse for men who ought to know the laws they are sworn to uphold. How can you uphold the law, when you haven't a clue what the law actually is?????
Or, perchance, felt some motivation to ignore the law.
Occum's razor... what is the right answer?
Blessings,
M-Taliesin