Tosta Dojen
Regular Member
While attending the Salem Fair with my family, I was arrested by three members of the Salem Police Department. I recently sent a complaint to Jeff Dudley, Chief of Police. That missive appears below.
Chief Dudley:
I am writing to draw your attention to acts of misconduct recently committed by several of your officers. I have been unable to locate any guidelines for filing a formal complaint with your department. Please consider this letter to be such a complaint, and direct it to the appropriate parties.
On July 9, 2011, I accompanied my wife and daughters to the Salem Fair, held on the grounds of the Salem Civic Center. I was lawfully in possession of an openly-displayed handgun, which was properly secured in a holster.
Shortly after I arrived, I was confronted by Officers M.C. McAuley and D.M. Crouse. Officer McAuley claimed that citizens of Virginia are generally required to carry an identification document, and demanded that I produce one. When I disputed his claim, he stated that because the Salem Civic Center is owned by the City of Salem, it is private property, and that he is therefore authorized to eject any person at any time for no reason whatsoever. Officer McAuley then said that I would be banned from the Salem Fair and arrested for trespassing unless I produced an identification document.
When I continued to dispute the validity of the officers' demands, they summoned a supervisor, Lieutenant M.H. Brightwell, whose ignorance managed to surpass that of his subordinates. He was immediately belligerent and hostile, refusing to consider the possibility that the officers had exceeded their lawful authority, and later unnecessarily escalated the situation by ordering his officers to be prepared to use deadly force against me.
Lieutenant Brightwell claimed that under Virginia law, citizens carrying firearms are also required to carry an identification document in order to prove that they are not convicted felons who are carrying illegally. Lieutenant Brightwell threatened to arrest me for interfering with a police officer and/or creating a disturbance if I could not supply an identification document. He subsequently ordered my arrest. Over my express objections, the officers seized my handgun and confined me in a holding area for a considerable period of time. I was eventually released, my property returned to me, and allowed to rejoin my family on the fairgrounds.
I should not have to explain to you that your officers' application of the law is a travesty. In particular, Officer McAuley's gross ignorance of the concept of public property is completely inexcusable, and Lieutenant Brightwell's claim that I am required to prove myself innocent of a crime is completely outrageous. In addition, the report filed after the fact by Officer McAuley is deliberately misleading, with many material misstatements and omissions. I have attached a copy of this report for your convenience.
At best, the officers' actions reflect a grievous misunderstanding of the laws they are sworn to enforce. At worst, they reveal a deliberate disregard for those laws so that they can act as a law unto themselves.
According to your department's mission statement, the Salem Police Department is to protect the individual liberty of all people within the City of Salem. Your officers failed to fulfill this mission, and in fact actively violated my individual liberty. I ask that you reprimand these officers for their actions, and advise me of the corrective actions you will be taking.
I look forward to your response.
Chief Dudley:
I am writing to draw your attention to acts of misconduct recently committed by several of your officers. I have been unable to locate any guidelines for filing a formal complaint with your department. Please consider this letter to be such a complaint, and direct it to the appropriate parties.
On July 9, 2011, I accompanied my wife and daughters to the Salem Fair, held on the grounds of the Salem Civic Center. I was lawfully in possession of an openly-displayed handgun, which was properly secured in a holster.
Shortly after I arrived, I was confronted by Officers M.C. McAuley and D.M. Crouse. Officer McAuley claimed that citizens of Virginia are generally required to carry an identification document, and demanded that I produce one. When I disputed his claim, he stated that because the Salem Civic Center is owned by the City of Salem, it is private property, and that he is therefore authorized to eject any person at any time for no reason whatsoever. Officer McAuley then said that I would be banned from the Salem Fair and arrested for trespassing unless I produced an identification document.
When I continued to dispute the validity of the officers' demands, they summoned a supervisor, Lieutenant M.H. Brightwell, whose ignorance managed to surpass that of his subordinates. He was immediately belligerent and hostile, refusing to consider the possibility that the officers had exceeded their lawful authority, and later unnecessarily escalated the situation by ordering his officers to be prepared to use deadly force against me.
Lieutenant Brightwell claimed that under Virginia law, citizens carrying firearms are also required to carry an identification document in order to prove that they are not convicted felons who are carrying illegally. Lieutenant Brightwell threatened to arrest me for interfering with a police officer and/or creating a disturbance if I could not supply an identification document. He subsequently ordered my arrest. Over my express objections, the officers seized my handgun and confined me in a holding area for a considerable period of time. I was eventually released, my property returned to me, and allowed to rejoin my family on the fairgrounds.
I should not have to explain to you that your officers' application of the law is a travesty. In particular, Officer McAuley's gross ignorance of the concept of public property is completely inexcusable, and Lieutenant Brightwell's claim that I am required to prove myself innocent of a crime is completely outrageous. In addition, the report filed after the fact by Officer McAuley is deliberately misleading, with many material misstatements and omissions. I have attached a copy of this report for your convenience.
At best, the officers' actions reflect a grievous misunderstanding of the laws they are sworn to enforce. At worst, they reveal a deliberate disregard for those laws so that they can act as a law unto themselves.
According to your department's mission statement, the Salem Police Department is to protect the individual liberty of all people within the City of Salem. Your officers failed to fulfill this mission, and in fact actively violated my individual liberty. I ask that you reprimand these officers for their actions, and advise me of the corrective actions you will be taking.
I look forward to your response.