01.05
AR-15 backup.
Tonight a regular open carrier in Livermore California gets illegally detained and searched by Livermore PD. Many units called and one officer decides to get his AR-15 out at the ready (talk about scaring the locals).
Video provided by local ABC news abc_open_carry_livermore2.mov
LIVERMORE, CA (KGO) — Walter Stanley was in the middle of telling an ABC7 News crew about his public effort to exercise his legal right to openly carry an unloaded gun, when Livermore police came calling.
“Put your hands on your head for me please,” Officer Fuller shouted to Stanley.
With that, Stanley raised his hands to his head and faced a wall while Fuller and another officer examined the 9mm pistol he had holstered at his side. Down the block, a third Livermore officer with rifle drawn, served as backup while a fourth drove by in a cruiser.
Article by Laura Anthony (the reporter in the video)
The Penal Code that the officers invoke to do the search is PC12031(e) and it is Constitutionally invalid and illegal. It will be challenged soon. A person can not be stopped and harassed by police while doing LEGAL things. The officers are misusing this penal code to go on a fishing expedition in hopes to incriminate the law abiding. Officers do not have Probable Cause here unless they can articulate facts that would lead a reasonable person to believe that crime is afoot.
Wow. An AR15? I know police around the country have patrol rifles, but do you really need it when dealing with one guy with a gun that isn’t even drawn and was committing no crime? It seems a little showboatist. There were several officers around as well. I think a high-powered rifle was a bit excesive to have out. What if he did have to shoot, the victim was up against the wall and window of a coffee shop. Would his bullets have pierced the wall, maiming or killing inoccent bystanders?
Also, is ordering someone against the wall and having them put their hands on their head considered detainment? I am assuming that it is, but I could be wrong. All the officer needed to do was check the gun to see if it was unloaded and if that was the case, move on. There is no need to continue any talk about why one should or should not openly carry. The law states it is legal, an officer has no right to break laws that govern their actions or to violate the rights of a citizen openly carrying that has committed no crime.
California is just racking them up lately. Keep up the GOOD fight Bay Area OCer’s.
Terrell
North Carolina
On the upside, lately in my town I just get a wave or nod from a few sheriffs. I think Open Carry is starting to show an ugly side of Law Enforcement. It’s the “Us vs. Them” mentality that most officers have.