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Ask LEO a question

VAopencarry

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The supervisor did no supervising, I can tell you that. The supervisor may have been a recipient of equal right laws or whatever you want to call it. There were 2 female officers there, one of them was the supervisor, I don't know which one though.

LEO, In many ways I could 'cut him slack' in fact, it is my nature. But as you have posted, a citizen should respectful etc., as a citizen I expect the same in return from law enforcement. If he didn't act like a total ass I could look past other things.
 

LEO 229

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VAopencarry wrote:
The supervisor did no supervising, I can tell you that. The supervisor may have been a recipient of equal right laws or whatever you want to call it. There were 2 female officers there, one of them was the supervisor, I don't know which one though.

LEO, In many ways I could 'cut him slack' in fact, it is my nature. But as you have posted, a citizen should respectful etc., as a citizen I expect the same in return from law enforcement. If he didn't act like a total ass I could look past other things.

I can tell you this.... To be a supervisor... all you have to do is take a test. Some people test well but have no common sense! I know many supervisors that have less than 5 years experience and some have no street experience!

And I hear ya' regarding respect. When you get someone acting an ass.... you have to bite your tongue... Hard to do I know... But in life... you have to try to be the better man.

Take good notes..... report the unprofessional conduct. The street level supervisor may no do anything but the 'higher ups' will.
 

SicSemperTyrannis

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I was thinking about this exact question earlier last night - what would be an appropriate consequence for the behavior of the officers (and their behavior differed - I don't think they all should face the same consequences).

I tend to cringe when some folks on this board start preaching religion, but all I will say is that I am a Christian and I strongly believe in forgiveness. Furthermore, I have made serious mistakes in my life, and after apologizing and insuring my boss I knew I didn't dothings "the right way" the first time, I have been given gracious second chances - and I never repeated the same mistake.

I can't really offer what I think is appropriate because I don't know enough. Quite frankly, it would depend on A.) if the officer truly recognized their actions were inappropriate and B.) what prior history (if any) of poor judgement or failure to follow written procedures was present. Of course, it also depends on whether or not there were any written procedures that were not followed, and what policy violations were present (the Chief has already indicated that the "appropriate use" policy for electronic communications was violated).

I think law-abiding citizens often underestimate their ownpower, and under-estimate the stress and difficulty a job like policing must entail. Our litigious culture also makes apologizing more difficult than it should be, sometimes.

Assuming the department fully and appropriately investigates this incident (and I experienced an extremely professional, polite and thorough internal affairs department when I was interacting with Henrico PD - they even taped their interviews with the witnesses and my friends who had been present), then there is no reason at allto be "out for the blood". I know many of us were almost as offended by the suggestion that we are "lawsuit shopping" as we were by the behavior of the officers themselves. So... What do we really want, here?

I would be thrilled if what results from this is an even more professional, better educated Manassas PD. I would like the officers who made serious mistakes to know they made mistakes in no uncertain terms - then be forgiven and move on. We would have performed a public service, and the Manassas PD could then get back to a difficult job - and we would feel comfortable supporting them in their duties.

If I haven't said so already. Bravo to the Tony's 7 (and to Tony, who has always welcomed open carriers).The level-headed response from the Tony's 7 is what allows open carriers to have the upper-hand here, which is what also allowed everyone to go home safely that night, and what will allow everyone to be better educated in the future.

How we act at the Manassas meeting Monday night is going to be very important to public perception (same for the police). Media will likely be present. Let's make everyone proud.
 

cs9c1

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cato wrote:
LEO 229 wrote:


cato and I see the same thing.... I would cut him a "little" slack. He is young and still green. Wet behind the ears. He needs to learn the laws and how to handle difficult situations.


Makes me wonder how long the supervisor has had his strips. Newly promoted perhaps.

Reminds me of when I got off of training and ended up with my training mates on the same weekend graveyard shift. Our Sgt. was newly promoted and I was the senior patrolman on duty with only 4 months on. We were flying by the seats of our pants.

Fun times, but I definitely wouldn't want to repeat some of the crap I got away with now that I know better.


I agree with both of you to a point. If he didn't know OC was OK, then retraining would be in order. But, and this is a big BUT, the behavior once on seen by him and all the other officers is totally unacceptable.

I have been a leader in the Military for over 18 years and I am not a "no deficiency" type of leader. I expect my Soldiers to make mistakes, just not to repeat them. I also document their mistakes and train them not to make them again. My Soldiers always seemed to take the initiative learn faster when they understood my leadership style.

I did put a limitation on what was an acceptable mistake also. As long as they were trying to do the right thing, looking out for the unit or other Soldiers, and not doing it for personal gain, I would excuse the mistake and retrain the Soldier.
 

SicSemperTyrannis

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I agree, Cs9c1: The officers behavior differed. Their level of experience and level of authority/responsibility also differed. Their subsequent behavior may have differed (with electronic communications, etc). I haven't heard - but did all of the officers go back in to talk to Tony,or was it just a few? Was the supervisor one of them? All of these things matter when it comes to "what is the appropriate consequence". Supervisors must be held closely accountable for their employees behavior (I say this as a Manager).

I think we should make brief statements to the council (hopefully not too manylong-windedlessons about the second amendment. Basically, I just expect everyone to follow the rules - myself and the police included - all the time). And we should each ask a good, open ended question for the council to ponder. I think citizens of Manassas and the immediately surrounding community should have priority when it comes to signing up to speak. Hopefully, there will be at least one woman willing to speak. It can make a difference in public and LEO perception.
 

LEO 229

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SicSemperTyrannis wrote:
I was thinking about this exact question earlier last night - what would be an appropriate consequence for the behavior of the officers (and their behavior differed - I don't think they all should face the same consequences).

The level of consequence are this:

Oral reprimand

Written Reprimand

Demotion

Suspension

Termination

I know many people would quickly... as a reaction to what they heard.... say "They should be fired!!!!" But you have to think about a few other things first.. Actually finding good people who want to do the thankless job is really hard. Lots of people want to be cops... Just be glad they did not make it in because they are far worse than the officer in question.

Most cops do not do it for the money. It is either so you can help people, the prestige, or you get to carry a gun! I qualify for all three in thee in that order:DSome do it just to see what is like and have no other reason.

After you find a qualified applicant... you are going to spend about $40,000 just to clear him, get him trained, and gethim outfitted with the gear. So the department cannot just fire everyone for a mistake.They need someone to take his place. It takes over a year and a half from start to graduation. And you can only hope he actually graduates!! If so... Then you have another new guy that knows nothing.

So normally you are given an oral for real petty mistakes and a written for something like what Manassas did. It is in your jacket so you better not make the same mistake again. Next time you will be suspended for a few days.

Termination is saved for those who do something that was OBVIOUSLY stupid. Like stealing property, molesting a girl on a traffic stop, beating a cuffed prisoner.
 

IanB

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LEO

OK, a bit off topic here but I've always wondered about this one and the mention of § 18.2-323.1 on the Tony's thread brought it to my memory again.

If I go to Safeway and buy a 6-pack of beer and drive home with it in the passenger compartment of my car complete with safeway bag and receipt showing time of purchase and get pulled over... can I be charged with anything? I mean I am only transporting it not touching it or consuming it.

In Kansas (my prior home state of residence) that is against the law. It must be in the trunk... or some other area not accessible to the driver like the bed of a truck. Or they see some kind of "opportunity" to drink & drive and will charge you. (gotta love those redneck KS laws!)

Can you be charged in VA for merely HAVING an unopened beverage in the passenger compartment? (when it is pretty clear you are simply driving home from the store)

I never take the time to separate the beer from my other groceries and put it in the trunk, I throw all of my groceries in the passenger seat or the back seat depending on how much food I bought.

Lastly, we all understand you are not a lawyer and cannot speak for every cop on the beat.

If what I'm doing is wrong I need to stop it ASAP. I don't need to be charged for a DUI or the like simply because I'm lazy and don't like separating my beer from my food.
 

LEO 229

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SicSemperTyrannis wrote:
I think we should make brief statements to the council (hopefully not too manylong-windedlessons about the second amendment. Basically, I just expect everyone to follow the rules - myself and the police included - all the time). And we should each ask a good, open ended question for the council to ponder. I think citizens of Manassas and the immediately surrounding community should have priority when it comes to signing up to speak. Hopefully, there will be at least one woman willing to speak. It can make a difference in public and LEO perception.

Excellent idea! Look your best, be brief, and get your point out. Only with education can you change perception. You want others to know you are honest, law abiding citizens that are following the law.

I can see that. But only after talking to many of you on the forum and weeding out those that were on the attack and acting childish. They do not help your situation at all.

Imagine if I stayed for a brief period and all I read was their messages. I would surly leave hear and conform.. "They are a bunch of jackasses." This is not the case at all. Most of you are frustrated that you cannot OC without getting stopped due to the lack ofknowledgeby the police department.
 

LEO 229

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nakedshoplifter wrote:
LEO

If I go to Safeway and buy a 6-pack of beer and drive home with it in the passenger compartment of my car complete with safeway bag and receipt showing time of purchase and get pulled over... can I be charged with anything? I mean I am only transporting it not touching it or consuming it.

Can you be charged in VA for merely HAVING an unopened beverage in the passenger compartment? (when it is pretty clear you are simply driving home from the store)

No... The container must have been opened before you can be charged.

Now if you have a beer can behind your seat that a friend dropped last night... we would look into that. But we still have to believe you had something to drink.

Bloodshot eyes.. slurred speech, driving behavior, smell on your breath. We would check out the can and see... Are their any of the contents left? Is it wet inside?Is the can cool to the touch indicating you recently enjoyed its contents?

So you are good to go as groceries go.
 

Hawkflyer

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As all of the LEO's here know, this is now in "Administrative review". Many civilians do not know what that really means and it does vary from department to department, but a few things are common to all departments. It is now classed as an internal personnel matter.

First, everyone in the department will be told NOT to discuss the matter, with anyone, including among themselves. There will of course be some "leaks" and in quiet corners some of the Officers will talk about this, but from the public perspective the lid is now on.

Second, everyone involved will be interviewed and will have to provide a sworn statement. If things get really serious some of them may be polygraphed.

If none of the involved parties try to cover things up, and they all tell the truth from the start to the internal investigators, it is unlikely that anyone will be fired unless there is actual proof of an egregious violation of depart Standard Operating Procedures (SOP) or the law.

Some of these folks may in the end get suspensions, reassignments (temporary or permanent) and usually at the least a notation in their personnel file. In any case the final results and punishments will not be made public as it will all be handled as a personnel matter, and that informmation is not subject to FOIA.

Part of this review will be of department policy and there may be some changes as a result (usually less likely), but in any case with a little luck, there will be some kind of internal communication about open carry laws at the very least.

It is a shame that after this incident the "Tony's 7" (their term not mine) did not have the opportunity to meet with the Chief and talk this out before it got so big. Some department heads are very open to this sort of approach. Such a meeting might have provided the opportunity for a larger meeting involving the Officers and the aggrieved parties, wherein things might be worked out to everyones satisfaction.

From what I have read here from the Tony's 7, they seem to be willing to accept a simple apology, and some assurance from the Chief that training and SOP's would be improved to cover future encounters. Their use of FOIA and possible litigation, has clearly elevated this beyond that level of fix for now, but frankly, they had to do something to show the department they were serious about following through so they had no choice but to begin to look at that option.

I would agree with those that feel the first responder was a rookie. His mindset as described on this website and his after incident e-mails all point to this as the major factor that was at the bottom of his failure to handle this situation. That fact does not excuse his behavior, or that of the more senior Officers on the scene.

But I doubt anyone will be fired over this. Some may be reprimanded, the department may have to issue an apology, and depending on where this goes in the Civil arena, there may be some civil penalties. This will be very interesting to watch unfold. Chief Dean of the Prince William department is very anti gun where private citizens are concerned, THe other local departments generally follow that lead. Moreover the Northern Virginia area is not very pro gun. The Judges on the bench here are generally not inclined to favor the armed citizen either.

This all causes a bit of a pickle. The law is clear in all of this. Even anti gun people will raise an eyebrow at the e-mails, cursing, name calling, and on scene attempts to create violations which the Officers could act on. But because of the lack of popular appeal of the root issue (open carry) the system may still go against the Tony's 7. These folks may have to take the case to Richmond before justice is done.

Regards
 

IanB

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Tnx LEO,

I'm in the clear, I only drink at home. Don't even drink at bars/clubs or private houses unless I have a driver.

I never EVER have allowed anyone to drink in my car except when I was in Germany. It's perfectly legal there for any passenger to consume in the vehicle. Now if you are the driver... you're screwed.

True story, in Germany I stopped at a red light next to a cop on the way to a club. I was the DD that night and all my passengers were drinking in the car. They toasted the police next to us, then police raised his beverage and toasted us back. Then he pulled us over and made sure I, the driver...was not drinking. :shock:

After he sorted out why I was an American and didn't have a German drivers license or carry a passport (Military ID and German issued NATO drivers license, he had to call that one in as he'd never seen it before) he wished us a SAFE night and sent us on our way. WAYYYYY COOL.

This is another case of an officer not being familiar with the law as he'd never encountered an American military driver in Germany. (We were far from base where American drivers are more common) He was friendly and between my bad German, and his bad english we got through the situation. He called in on the radio what I explained to him and got a immediate responce from dispatch that we were legit. He made a very big point of explaining that I was not allowed to drink and drive but the passengers were free to do so. We thanked him and told him we were aware of that and that's why we were doing it. We also explained it was a novelty to us because we couldn't do anything like that back in the US and A (Borat!)

Also, don't mess with the border police in Germany. They carry an MP5 in the map compartment of each squad car door. :what:
 
D

Desertdoc

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I would like to throw my .002 in here. I just learned this the other day and it was totally new to me. In VA you may be in possession of a open container (Wine bottle) as long it is:

#1 in a bag

#2 you must have a receipt from a restaurant just prior to the traffic stop

This is to avoid getting pulled over and ticketed for just an open bottle. Say you and your wife go to dinner and she wants to have a few drinks. They have one of her favorite bottles and you buy the whole bottle instead of by the glass. She does not drink it all but hell you just paid 40 bucks for it and you don't want it to go to waste. It IS legal for the restaurant to re-cork it, bag it and give you a receipt with a date &time printed on it.


This in no way helps the driver if he had been drinking!
 

Exemplar

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If one gets "pulled over", where should ones sidearm be placed in order to be in compliance with OC? Please & Thank you.

~Èxêmplär
 

LEO 229

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Exemplar wrote:
If one gets "pulled over", where should ones sidearm be placed in order to be in compliance with OC? Please & Thank you.

~Èxêmplär


If you get pulled over I suggest the following....

Activate your hazards to indicate you are aware your being stopped. Do not pull over too fast.. Select a safe location and pull as far over as possible so the officer has room to be safe. Left shoulder is great if you are in the left of middle lanes. At night time... turn on your dome light!! Roll down your window and keep both hands on the wheel.Wait for the officer to come see you.

Let him say what he needs to tell you. When your turn comes to speak... let him know that you have a CWP,you are armed, and the location of the pistol.

For officer safety.. He may take it from you or tell you to leave it be. I normally let you keep it. An officer has the legal right to remove you from the vehicle to pat you down and search any area under your control from the drivers seat. He cannot search the trunk. When the officer returns to your car.... have your hands on the wheel again. This is the first thing we see when we approach.

Often times we run your tag before pulling you over so we know if you have a CWP.

For those who have not yet obtained the CWP....:D Loaded handguns on the seat or dashboard in plain view while in a vehicle are fine. I suggest placing it on the dashboard in the center of the dash and kept in a holster if possible. Keep it on your passenger seat while driving in case you get approached and not know it.
 

LEO 229

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Desertdoc wrote:
I would like to throw my .002 in here. I just learned this the other day and it was totally new to me. In VA you may be in possession of a open container (Wine bottle) as long it is:

#1 in a bag

#2 you must have a receipt from a restaurant just prior to the traffic stop

This is to avoid getting pulled over and ticketed for just an open bottle. Say you and your wife go to dinner and she wants to have a few drinks. They have one of her favorite bottles and you buy the whole bottle instead of by the glass. She does not drink it all but hell you just paid 40 bucks for it and you don't want it to go to waste. It IS legal for the restaurant to re-cork it, bag it and give you a receipt with a date &time printed on it.


This in no way helps the driver if he had been drinking!
Ya... If it is corked... And you have a receipt.. No Problem!!
 

LEO 230

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I'm a wannabe too, just like LEO 229. Come on, man. Your self-righteousness is sickening!
 

Jared

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LEO 229 wrote:
Exemplar wrote:
If one gets "pulled over", where should ones sidearm be placed in order to be in compliance with OC? Please & Thank you.

~Èxêmplär


If you get pulled over I suggest the following....

Activate your hazards to indicate you are aware your being stopped. Do not pull over too fast.. Select a safe location and pull as far over as possible so the officer has room to be safe. Left shoulder is great if you are in the left of middle lanes. At night time... turn on your dome light!! Roll down your window and keep both hands on the wheel.Wait for the officer to come see you.

Let him say what he needs to tell you. When your turn comes to speak... let him know that you have a CWP,you are armed, and the location of the pistol.

For officer safety.. He may take it from you or tell you to leave it be. I normally let you keep it. An officer has the legal right to remove you from the vehicle to pat you down and search any area under your control from the drivers seat. He cannot search the trunk. When the officer returns to your car.... have your hands on the wheel again. This is the first thing we see when we approach.

Often times we run your tag before pulling you over so we know if you have a CWP.

For those who have not yet obtained the CWP....:D Loaded handguns on the seat or dashboard in plain view while in a vehicle are fine. I suggest placing it on the dashboard in the center of the dash and kept in a holster if possible. Keep it on your passenger seat while driving in case you get approached and not know it.
 

Mike

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Desertdoc wrote:
I would like to throw my .002 in here. I just learned this the other day and it was totally new to me. In VA you may be in possession of a open container (Wine bottle) as long it is:

#1 in a bag

#2 you must have a receipt from a restaurant just prior to the traffic stop

This is to avoid getting pulled over and ticketed for just an open bottle. Say you and your wife go to dinner and she wants to have a few drinks. They have one of her favorite bottles and you buy the whole bottle instead of by the glass. She does not drink it all but hell you just paid 40 bucks for it and you don't want it to go to waste. It IS legal for the restaurant to re-cork it, bag it and give you a receipt with a date &time printed on it.


This in no way helps the driver if he had been drinking!
Ahem. In VA, an open container is not a crime if in possession of passenger - they can drink & ride. Also, it is merely a secondary offense for the driver to drink alcohol while driving - $50 civil penalty I believe, enforceable only if the driver was pulled over for a legitamate other primary offense.
 

LEO 230

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Mike wrote:
Desertdoc wrote:
I would like to throw my .002 in here. I just learned this the other day and it was totally new to me. In VA you may be in possession of a open container (Wine bottle) as long it is:

#1 in a bag

#2 you must have a receipt from a restaurant just prior to the traffic stop

This is to avoid getting pulled over and ticketed for just an open bottle. Say you and your wife go to dinner and she wants to have a few drinks. They have one of her favorite bottles and you buy the whole bottle instead of by the glass. She does not drink it all but hell you just paid 40 bucks for it and you don't want it to go to waste. It IS legal for the restaurant to re-cork it, bag it and give you a receipt with a date &time printed on it.


This in no way helps the driver if he had been drinking!
Ahem. In VA, an open container is not a crime if in possession of passenger - they can drink & ride. Also, it is merely a secondary offense for the driver to drink alcohol while driving - $50 civil penalty I believe, enforceable only if the driver was pulled over for a legitamate other primary offense.

Mike, you are indeed correct (almost -- just on the fine part), and it further shows that LEO 229 and his fake "ask a LEO" is a bunch of crap. His "if you have a receipt you're good to go" is not supported by VA code. He plays a cop during his dreamtime.

First of all, its illegal to consume alcohol while driving. See § 18.2-323.1. Drinking while operating a motor vehicle; possession of open container while operating a motor vehicle and presumption; penalty.

As stated in the code, there is a rebuttable presumption that the driver has been drinking if there is an open container present. Again, not drinking, the open container is not a problem. And by definition, PASSENGERS cannot be convicted of "Drinking while operating a motor vehicle.

Violation is a Class 4 misdemeanor, which is punishable by a fine NTE $250, per

§ 18.2-11. Punishment for conviction of misdemeanor.

Maybe if LEO 229 did some real research (that took me only 2 minutes as a "wannabe" - like him), his opinions might be slightly believable as that coming from a REAL LEO. Dude, GET A LIFE AND STOP TRYING TO PASS OFF YOUR FANTASY AS THAT OF A REAL POLICE OFFICER......
 
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