quote

It is a wise man who plants a tree in the shade of which he knows he will never sit. -- Greek proverb --

Judge each day not by the harvest you reap but by the seeds you plant. -- Robert Louis Stevenson --

From On High - Coming to you from a secured redoubt on Big Walker Mountain in the heart of Virginia's Blue Ridge.

Friday, January 01, 2010

The Badge Doesn't Give You The Right ...

This, if accurate, is shocking:
Roanoke police actions spark lawsuit
By Mike Gangloff, Roanoke Times

A Roanoke man is suing city police over an altercation with officers that he said began as an argument about his permit to carry a concealed firearm.

Aaron A. Stevenson filed a lawsuit Tuesday in U.S. District Court in Roanoke alleging that his constitutional rights were violated during a May 6 traffic stop. He named two officers, Chief Joe Gaskins and the city as defendants.

The lawsuit gives this account of Stevenson's encounter with police:

Stevenson was driving along Williamson Road to pick up his daughter from church when Roanoke police Officer Jamie A. Kwiecinski stopped him. Stevenson was given a summons because his registration had expired.

Kwiecinski learned that Stevenson had a concealed carry permit and asked if he had a gun. Stevenson declined to answer.

Kwiecinski called for backup, and Officer Dwight W. Ayers arrived on the scene. Stevenson said the officers ignored his repeated invocation of his right to remain silent, and to have an attorney present during questioning.

The officers pulled Stevenson from his vehicle, the lawsuit said, took the .45-caliber handgun he wore in a belt holster, and put him in handcuffs in the back of a police car. Stevenson said he was threatened with loss of his permit, confiscation of his gun and indefinite detention while police investigated whether he was involved in anything criminal.

Officers never read Stevenson his Miranda rights, the lawsuit said, and Ayers told Stevenson the questioning would stop if he would admit to some criminal action.

As the incident continued, some of Stevenson's co-workers drove past and his employer stopped to see what was happening. The officers asked the employer if Stevenson had mental problems.

Stevenson said the tight handcuffs injured his wrists.

Eventually, Sgt. Sandy Duffey, a police supervisor, said to release Stevenson. [link]
I choose to believe that the information provided by the plaintiff's attorney is wrong.  There's no way the police would have acted in such a heavy-handed and meanspirited fashion.  No way ...

3 comments:

Salt Lick said...

I've been surprised at the growth in the number of average citizens who no longer view law enforcement officers (LEOs) favorably. Something very worrisome is happening.

I've grown up respecting LEOs. I've always assumed the vast majority of them are underpaid, hardworking men and women who risk their lives to protect us and our Constitutional liberties. A little of this faith was shaken when the Fraternal Order of Police endorsed Bill Clinton. Because of that whiff of political opportunism by the organization's leaders, I've chosen since then not to donate to the FOP. But, overall, I still have a very favorable attitude toward LEOs.

I haven't spent much time thinking about the overall picture, but is it possible many citizens see LEOs as enforcers for big government and big government's creep into every aspect of our lives? Something worrisome is happening.

Anonymous said...

The 'law' hasn't done much in 25 years to garner anything but hate from the 'average' law abiding citizen. I look at many (not most) law enforcement officers as punks with a badge and a gun.
X-Firefighter

Cargosquid said...

Think about it this way. When was the last time that you saw a cop without asking yourself if you are doing anything wrong?

Cops have one of the hardest jobs in the world. That said, too many believe that they are above the law, themselves, or that every citizen is at fault until proven innocent.

However, if the plaintiff has a concealed carry permit, I believe that the carrier must admit to LEO when they are carrying. If he did not, he did break the law, I think. The rest though, sue 'em.