J McDonald – Detained For Open Carry Portland Maine 26 MAY 2012

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J McDonald – Detained For Open Carry Portland Maine 26 MAY 2012

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[J McDonald – Detained For Open Carry Portland Maine 26 MAY 2012]

(This officer J McDonald)

[J McDonald] Source: LYBIO.net
How are you?

[Gun Owner Carrying]
Not bad.

[J McDonald]
Just so I can concentrate on what your saying

[Gun Owner Carrying]
Yup

[J McDonald]
I’m just gonna

(He is seizing my firearm without consent. Soon he admits he does not suspect me of crime.)

[Gun Owner Carrying]
Okay, I don’t consent to any searches. I just wanna make that clear.

[J McDonald]
I’m not gonna search you, alright.

[Gun Owner Carrying]
I don’t consent to any seizures either.

[J McDonald]
Okay, I’m just gonna hold it this way/go this way and have a conversation with you.

[Gun Owner] Source: LYBIO.net
Ok ummm – What crime am I – am I suspected of committing?

(At this point he points the gun at my legs as he racks the slide)

[Gun Owner]
And ah – you just pointed that gun at me. When it’s loaded, just so you know – twisted it and pointed it right at me. Before you racked the slide you pointed it right at my legs.

[J McDonald]
Umm – people are calling about a guy walking around with a gun so

[Gun Owner]
Ok. That’s not illegal, can I have my gun back and get moving along.

[J McDonald]
I need your I.D. and we’ll get you on your way, sir.

[Gun Owner]
What crime do you suspect me of committing?

(People calling to report a LEGAL activity does not warrant a seizure)

[J McDonald]
Like I said, people are starting to call about a guy carrying a gun

[Gun Owner]
Yup that’s a report of a legal activity. What crime do you suspect me of committing? In order to stop me, you have to suspect me of a crime, get your supervisor here.

[J McDonald]
He is on the way.

[Gun Owner]
Ok. Thank you.

[J McDonald]
Ok. Like I said people are concerned it’s a public safety issue. So I’m here to make sure everyone’s all set. Make sure your all set. Ok. So I need just your I.D. And we’ll call it good.

(Maine law Title 17-A Section 15-A only requires you to give your name and DOB if you’re being summoned or arrested)

[Gun Owner]
No sir.

[J McDonald] Source: LYBIO.net
You’re not gonna give me your I.D.?

[Gun Owner]
Unless you are issuing me a summons as 17-A 15-A requires

[J McDonald]
I need to make sure – can you let me speak for a second.

[Gun Owner]
Then – yup.

[J McDonald]
I need to make sure you are not a felon carrying this.

[Gun Owner]
Do you suspect me of being a felon?

[J McDonald]
I don’t know you. So

[Gun Owner]
Okay, if you don’t suspect me being a felon then I’d like my gun back and I’ll like to proceed on my way.

[J McDonald]
In order to carry a gun, you are not allowed to be a felon.

(This is true. But you can’t stop people without suspicion of crime. Sex Offenders often can’t hang out near schools, but you can’t stop anyone near a school and check their I.D.)

[Gun Owner]
Correct. Unless you suspect me of being a felon there is no reason for you to stop me.

[J McDonald]
There is a reason to stop you.

[Gun Owner] Source: LYBIO.net
Unless you suspect me of a crime as Terry V. Ohio, Delaware V. Prouse, requires you to have a suspicion of crime before you detain an individual. Brown V. Texas –

[J McDonald]
Your – your

[Gun Owner]
– does not allow you to stop an individual and demand their I.D.

[J McDonald]
Can I get your first name so I can speak to you on a – on a person to person basis?

[Gun Owner]
Ah – No.

(His tone was making me very uncomfortable. He was being “that type of guy” to me. So I’m going to be “That type of guy” right back.)

[J McDonald]
Your not gonna give me your I.D.?

[Gun Owner]
No. I’m not.

[J McDonald]
Your that type of guy when we’re trying to have a conversation?

[Gun Owner]
I’m sorry sir, but for my own protection, I would rather not give you anything because any name I give you is going go in the Police Report about this incident.

(A police report is written for EVERY interaction police have. He is about to lie.)

[J McDonald] Source: LYBIO.net
There’s gonna be no police report.

[Gun Owner]
There’s a police log generated for every call.

(A “pedestrian check”? Really? I don’t care what you call it, you still need reasonable suspicion of criminal activity to detain someone.)

[J McDonald]
This is called a “pedestrian check”.

[Gun Owner]
Yup, and unless you have a reasonable suspicion that I’m committing a crime you can’t detain me, I have to be free to leave. There has to be a consensual encounter.

[J McDonald]
Here’s the deal sir, you are walking down Congress Street carrying a gun

[Gun Owner]
Yes

[J McDonald] Source: LYBIO.net
Okay

[Gun Owner]
Is that illegal?

[J McDonald]
It’s a cause for concern

(A “cause for concern” is not a reasonable suspicion to detain someone.)

[Gun Owner]
Do you suspect me of committing a crime?

[J McDonald]
Sir.

[Gun Owner]
Do you suspect me of committing a crime? Committing a crime, yes or no?

[J McDonald]
Sir. I need –

[Women’s Voice In Background] Source: LYBIO.net
What do you have under your shirt?

[Gun Owner]
Ah suspenders. To keep my pants up.

(Leave me alone about the suspenders. I have an ileostomy and my pants are heavy. I don’t make fun of your wardrobe, don’t make fun of mine.)

[Women’s Voice In Background]
(inaudible)

[Gun Owner]
Ya, that’s the buckle for the suspenders.

[J McDonald]
This is common practice. Ok.

(It is not legal “common practice” to detain individuals without reasonable suspicion of crime.)

[Gun Owner] Source: LYBIO.net
Umm, it’s illegal common practice.

[J McDonald]
It’s not illegal, we see a guy walking down the street carrying a gun

[Gun Owner]
Yup, is that the only reason why you stopped me?

[J McDonald]
Yes

[Gun Owner]
That I’m carrying a gun

[J McDonald]
Yes

[Gun Owner]
Okay, in that case I want to refer you to US V. DeBerry – Deberry V. US.

[J McDonald]
That’s my supervisor —

[Gun Owner]
Deberry V. US. says that a firearm where legally carried cannot be the only cause for reasonable suspicion for a – for a stop.

[Police Supervisor] Source: LYBIO.net
Yup

[Gun Owner]
Am I free to go?

[Police Supervisor]
You are.

[Gun Owner]
Okay, can I have my gun back?

[J McDonald]
Sure.

[Gun Owner] Source: LYBIO.net
Thank you.

(FINALLY! The supervisor said I am free to leave. My gun was handed back to me, I loaded it and left without issue.)

J McDonald – Detained For Open Carry Portland Maine 26 MAY 2012. Do you suspect me of committing a crime? Committing a crime, yes or no? Complete Full Transcript, Dialogue, Remarks, Saying, Quotes, Words And Text.

On LYBIO.net Transcripts, Speeches, Text, Words, Quotes and New Reading Content. http://www.lybio.net


Comments on J McDonald – Detained For Open Carry Portland Maine 26 MAY 2012 Leave a Comment

Jamie @ 10:59 am #

Seriously dude if you walk around with a gun (like a dushbag looking for an issue) you’ll find it. You want to make cops look bad and that your some sort of rights protector for us all, the average normal joe or Jane doesn’t walk around with an open weapon! You ave no damn clue of what it’s like to be a officer knowing at any monment you life can be taken from you hip just for doing your job (hence Denver just lost a female officer who was shoot In the head while trying to breakup a fight). Not every officer profiles and decriminates, they are taught to look for things that don’t fit or things that are out of the norm, normal people don’t walk around in the open with hand guns! So I don’t blame the officer for stopping you and checking you out, he was totally cool with you even though you were acting like a dushbag. You may not be some crazy maniac who wanted to go on a shooting spree but how was he or the callers to know that when again normal people don’t walk around with an brandishing a weapon. I am glad he contacted you, I’d rather have law enforcement confront some idiot who walks around with a weapon on the street than ignore them, just in case…for my safety and others.

mike @ 7:17 am #

yeah youre a prick. youre entitled to carry your gun openly, and you should be, but pick your damn battles. he didnt seize the gun, he couldnt seize the gun, you had nothing to hide, so why go through all this trouble just to prove some point that only seems relevant in your self-important head?

Oh really @ 1:52 pm #

The only Douche bag I see is this person Jamie above who feels its ok to stop people for noting…now you are the true douche bag.

You Libs are all the same..Haters, and nut jobs.

Kurt @ 3:21 pm #

Jamie “You have no damn clue of what it’s like to be a officer knowing at any monment you life can be taken from you” this same thing can be said about anyone. anyone has to deal with knowing that their life can be taken from them at anytime. you dont have to be a cop to be in fear for your life. everyone keeps saying that he was “just doing his job” that damn nazis were just doing there job too, that doesnt make it right. this call should never even have gone out. the disbatch should have informed the persons calling in that there doesnt seem to be any illigal issues going on.

Adam @ 10:02 am #

I feel the officer was doing his job, but he could have gone about it in a totally different manor. If the police revive a call that there is someone who is unsettling in the area, and are asked to check it out, they do. So with this call, they just went out to make sure that it wasn’t anything out of place and the gun carrier was not some crazed lunatic about to go on a shooting spree.

That being said. The officer could have gone about it in a different way, by just talking to the guy for a couple seconds. I’m sure if the officer just came up to him and started the conversation with “hey, mind if I talk to you for a second?” this would have gone a lot smoother. (also if he didn’t just go and take his gun)

I am still on the officers side, but I believe that it could have been handled a little better.

Roger @ 8:22 am #

@Kurt: Rediculous. As a law student, former police officer and a firearm “carrier”…you’ (the guy filming this) are an idiot. I guess since you are asleep late at night in your toasty bed, while police officers patrol trying to keep us safe, it’s hard for you to understand why the Warren Court said in Terry that a police officer can stop and check for weapons for his/her safety. In the first two years of being a cop I went to three cop funerals-1 traffic stop (failed to stop at red light), 1 suspicous person contact (Felonious fugitive from Mexico walking on the Hwy at 2am) and a 911 response (loud music). Nothing about the calls “screamed” check for weapons because if you don’t you’ll be dead in a couple minutes.

Now, here’s how I think it should’ve gone:
-Hey, how’s it going? Got a call that somebody in the area was walking around armed and the caller was concerned.
-Yep, probably me….exercising my 2nd amendment right.
-Right on. Well, for my safety and yours, I’m going to hold your firearm while we talk…then when I’ve determined that the 911 caller has nothing to worry about, I’ll get you on your way, sound cool?
-Fair enough, but I’ve got to get to the gun club for a national match
-Of course. Well hey, you’re going to Willie’s Gun Club?
-That’s the place.
-Ok, well can I get your name and DOB so I can check for wants? You seem like a nice enough guy, I can get you on your way quickly.
-John Q. Smith, 1/2/83
-Thanks Mr. Smith. Here’s your pistol back, good luck at the match.
-Later dude.

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