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

“http://Lybio.net
The Accurate Source To Find Quotes To J McDonald – Detained For Open Carry Portland Maine 26 MAY 2012.”

[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.