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Man arrested for OC in Colorado Springs park.

Gunslinger

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Mar 6, 2008
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Free, Colorado, USA
Gazette article on it Sunday. CSPD admitted they were 'completely' wrong. Citation withdrawn, arrest record expunged. The guy is looking for a lawyer. He will cash in on this quickly. False arrest, harassment, battery and aggravated assault--threat of grievous bodily injury by that black ******* cop, would be on my list. Maybe malicious prosecution. The utter stupidity of those so called Sgts is mind boggling. They should be busted to patrolman and the black pos fired.
 

Gunslinger

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well I DID NOT get them read and I asked y not at the station and the oficer that was with me stated I was not under aresset so the did not have to. but on the video i was arested. so I think that they should have been because i was taken away from the seen and my partner had to geusse where they took mer

Unless they are going to question you, there is no requirement under Miranda to "read you your rights." If they questioned you and you answered without being given your rights, the questions/answers would be inadmissable in court. You were, in fact, arrested. And it was, in fact, false arrest. Get a lawyer. You have a payday coming.
 

Gunslinger

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Still searching for some " balance" here.

I know that these officers put their lives on the line frequently doing their JOBS of keeping Colorado Springs SAFE.

These same officers may very well find themselves downtown Saturday night dealing with a public disturbance call stemming from one of those 2 A.M "100- plus intoxicated individuals refusing to disburse - WITH SHOTS FIRED" nightclub closing incidents we read about almost every weekend.

So I'm still hanging in their wanting to assign the PRIMARY blame regarding this incident directly where it belongs - on the Chief's shoulders. How in the world can ANY PC send his officers out on the streets with a "CHEAT SHEET" to enforce THE LAWS of the State of Colorado ?????

Are his officers nothing more than " enforcers " employed to keep the citizenry in order - until we figure out on Monday morning what THE LAW actually is ???

We probably witnessed a glimpse of what was to come when this Chief of Police promptly defended the Aurora PD's unlawful assault upon law-abiding citizens after the Wells Fargo incident a month ago.

I don't want to get too far off the track here, but it seems to me that this is just another example of our government institutions running amuck.

When a "meal" doesn't settle on the stomach well - there is always
the potential for a little " acid reflux". When such "meals" begin to be served up on a regular basis "regurgitation" results. Colorado law enforcement might want to tidy up its "kitchen" policies.

An "American Pride" celebration would seem to be in order at Acacia Park to celebrate - among other things -our constitutional right to bear arms in defense of our persons- despite the reluctance of some in our midst to respect that right.

It is way past time for some serious "recalibration" at the Colorado Spring Police Department.
Blame for this runs uphill; however, "supervisors" also have a duty to know the law without their hands being held. In general, I have always thought highly of the CSPD and said so many times. This is a black mark, however, that will not soon be cleansed unless they take drastic and immediate action against the cops involved, particularly the black "sgt" who is nothing more than a common street thug.
 

OC for ME

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Jan 6, 2010
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White Oak Plantation
No excuses for the lack of knowledge regarding "park carry".

A cheat sheet should not be required for such a simple concept.....carry in parks is not illegal and HAS NOT BEEN ILLEGAL FOR THE PAST NINE YEARS!!!!!

No cheat sheet required.

Don't admit it, quit it!
 

zach

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Jun 23, 2009
Messages
228
Location
Castle Rock, Colorado, USA
Just a quick suggestion to jthe88mike, save your public comments till post judgement unless your lawyer advises otherwise.

From what I've read from other cases, your better off keeping your comments to the court room.

Anyone disagree?

This is just my opinion and is worth what you paid for it.


Sent from my iPhone using Tapatalk
 

LoneEchoWolf

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Apr 6, 2012
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285
Location
Alamosa,Colorado

NICE! good to see they can sometimes listen. cant help but hope and think that our letters helped sway the Expedited investigation into happening, thanks all who joined in and wrote to the mayor and chief about this issue! now lets not let them think they can just put out a press release about a investigation and we will all go away. we have to keep the pressure on until something actually happens! Way to go guys lets keep up the good work and keep them from thinking they can get away with blatant harassment and ignorance of the laws.
 

OC for ME

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White Oak Plantation
There is no law or ordinance that prohibits open carries in city parks. TARGET 13 found a mistake in a CSPD "cheat sheet" officers were using that indicated an almost decade-old ordinance banning open guns was still in effect. The error has since been fixed.

http://www.krdo.com/news/Mayor-call...-Fest/-/417220/16099134/-/n9nsss/-/index.html
This proves that CSPD has little interest in ensuring that their officers are "enforcing" the laws that are actually on the books. They are quite content in letting their officer enforce the laws they wish were on the books.
 

O2HeN2

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Joined
Jan 23, 2012
Messages
229
Location
Colorado Springs, Colorado, USA
Extremely positive reporting of this incident on KOAA. Contrast this with Thornton's circling the wagons.

88, go get 'em, but be kind, it looks like they're trying to right the wrong! :)

O2
 
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ZackL

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Jul 17, 2009
Messages
340
Location
Calhan, Co.
Just my personal opinion on the matter... The city should fire involved officers, pay damages (lots and lots considering how public and how the officers acted and just generally the whole situation), have educational meetings mandated by the city for the next three months to update officers on the local weapons laws, chief should be reprimanded in a way that he can remain in the department but is not in charge, and the officers should have to pay some amount of damages out of pocket and lose any benefits they may have acquired through their service with the city. Just my opinion and probably not worth much, but that should go for all issues like this in Colorado. If we let them get away with crap they will VERY quickly end up like Denver PD... Above all else and nobody can tell them differently... and you better not have a camera!!!
 

papa bear

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Jul 25, 2010
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mayberry, nc
Just my personal opinion on the matter... The city should fire involved officers, pay damages (lots and lots considering how public and how the officers acted and just generally the whole situation), have educational meetings mandated by the city for the next three months to update officers on the local weapons laws, chief should be reprimanded in a way that he can remain in the department but is not in charge, and the officers should have to pay some amount of damages out of pocket and lose any benefits they may have acquired through their service with the city. Just my opinion and probably not worth much, but that should go for all issues like this in Colorado. If we let them get away with crap they will VERY quickly end up like Denver PD... Above all else and nobody can tell them differently... and you better not have a camera!!!

just out of curiosity. why would you "better not have a camera" ?
 

10x

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Apr 11, 2011
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FL

ZackL

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Jul 17, 2009
Messages
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Calhan, Co.
just out of curiosity. why would you "better not have a camera" ?

Because if you do DPD will beat you, arrest you, charge you with insane things and they will intimidate you through it all and probably after. As happened a while back (few years?) with a gentleman who filmed them while they were arresting someone. I wasn't saying that we shouldn't have one, just that police departments feel we shouldn't, as with many other things. And had this happened in Denver, I'm sure the man behind the camera would be thrown in jail for no other reason as well.

I support jthe88mike and commend him for standing up for all of this, I just hope that he can get something out of the department/city/county for all his trouble. Punishment with real consequences, as someone else said, is the only way to really make law enforcement realize that they cannot do this crap and get away with it.
 
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since9

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Jan 14, 2010
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Colorado Springs, Colorado, USA
Belligerence does absolutely nothing to help the situation. If detained, be cooperative, but non-committal, non-combative, and non-argumentative. Don't raise your voice, especially at the cops. Bottom line, he was being detained in the hopes that he's blow his cool and give the LEOs further reason to arrest him.

There's also a genuine duty and concern on the part of the LEOs about handing a firearm back to a hothead.

That said, if he was falsely arrested, he should sue the city for false arrest.

On the other hand, "I am not going in the back of a police car" is technically resisting arrest, even though later he complied. I find his continued belligerence, however, rather disturbing, as did the LEO's who took him in.

This is a classic example of how NOT to handle things. As for his statement about "hoping for a public apology from the officers," I dare say if he's been "cooperative, but non-committal, non-combative, and non-argumentative," they'd have let him go in short order, as MOST CSPD officers are well aware of the few holes in their cheat sheets.

By the way, their "cheat sheet" runs into the hundreds of pages. It's called "General Orders," and yes, it's a condensation of local, state, and federal law. Even lawyers and judges aren't clear on the full nuances of the law, and many have their own "cheat sheets," compiled by their research staffs. Police Officers are held to very high standards, but their profession is enforcing the law, not arguing its finer points. General Orders are created both for law enforcement officers (sworn officers) on the streets as well as military officers and line troops. The latter is invariably created by the JAG (Judge Advocate General) staff - i.e. lawyers - within a theater of operation. It's designed with two goals in mind: Keep the troops out of harm's way, and to expediently prosecute the war.
 
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JamesB

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Jan 13, 2010
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703
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Lakewood, Colorado, USA
Belligerence does absolutely nothing to help the situation. If detained, be cooperative, but non-committal, non-combative, and non-argumentative. Don't raise your voice, especially at the cops. Bottom line, he was being detained in the hopes that he's blow his cool and give the LEOs reason to arrest him.

There's also a genuine duty or concern about handing a firearm back to a hothead.

That said, if he was falsely arrested, he should sue the city for false arrest.

On the other hand, "I am not going in the back of a police car" is technically resisting arrest, even though later he complied. His continued belligerence, however, is disturbing the peace.

Classic example of how NOT to handle things.

Being belligerant may not help your case, but it's hard not to be in such circumstances. Especially hard for me would have been when the officer said "ignorance of the law is no excuse."

And I feel compelled to say something about resisiting an illegal arrest. Ok, I said it.
 

mwaterous

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Jun 1, 2012
Messages
197
Location
New Mexico
Classic example of how NOT to handle things.

Perhaps you could illuminate us with a few video examples of how you handled the same situation? It's easy enough to tell others after the fact what they did wrong; I'm confident we could aid in making sure your next encounter is spotless if you could post a few videos. :)
 
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