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ACLU defends OC (?) in Colorado
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kimberman
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Post subject: ACLU defends OC (?) in Colorado Posted: Sun Jul 19, 2009 10:06 pm |
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Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm Posts: 2782 Location: St. Paul
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http://www.reporterherald.com/news_story.asp?ID=23999 Quote: Loveland police accused of violating rights of man with holstered pistol at lake By Jon Pilsner Staff reporter Loveland Reporter-Herald (Colorado) July 17, 2009
The American Civil Liberties Union has sent a letter to the Loveland Police Department alleging that officers illegally searched and briefly detained a man carrying a gun at South Shore Parkway.
On Thursday, the ACLU sent a formal complaint to Loveland Police Chief Luke Hecker and 8th Judicial District Attorney’s Office chief investigator Elliot Phelps.
The organization is questioning the way police dealt with Loveland resident Bill Miller at South Shore Parkway on Oct. 7, 2008.
The ACLU has not sued the city but asked in its letter that the Police Department turn over all records connected to the incident, including internal review documents and discipline or training records of the officers involved.
A spokesman for the ACLU said the organization would wait for a formal response from both Hecker and Phelps before commenting.
The Loveland Police Department did not return several messages from the Reporter-Herald requesting comment Thursday.
Miller, 71, said Thursday that he isn’t looking for anything for himself, such as an apology, but rather he wants to teach a lesson.
“I would like to see police officers change the way they approach people with guns,” Miller said in an interview.
“I hope that (police departments) know they need to operate within the law and respect all of the constitutional rights of all the people.”
Miller was carrying an unconcealed handgun in a holster attached to his waistband, he said, when he was approached by Loveland police officers who had received a report of a man with a weapon in the park.
Miller wasn’t carrying the gun to protest or make a point, he said; he was trying out a new holster he had made.
The police officers, according to the ACLU’s letter, seized Miller’s pistol “without consent, and emptied it of ammunition.”
The officers then ordered Miller to give them his driver’s license, over his objections.
After checking with dispatchers, the officers found that both the gun and Miller were clear of any issues, and they returned Miller’s gun and license.
They also “explained our and citizens’ initial concern over the weapon,” the police incident report says.
Miller also said, the ACLU’s letter says, that the officers told him he could expect similar treatment should “similar encounters occur in the future.”
From the time officers first contacted Miller to the time they left was about 16 minutes, according to a police incident report. No charges were filed.
Miller sent a formal complaint to 8th Judicial District Attorney Larry Abrahamson, according to a letter Phelps sent to Miller.
In that letter, Phelps told Miller the office considered the incident an internal matter for the Police Department.
Phelps said residents have a right to possess and carry firearms, but that “there is a fine line between the protection of an individual’s rights and the protection of a law enforcement officer.”
_________________ President of AACFI, GOCRA, CCRN, and A2A
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JimC
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Post subject: Re: ACLU defends OC (?) in Colorado Posted: Sun Jul 19, 2009 10:22 pm |
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Joined: Sat Jul 22, 2006 4:56 pm Posts: 1109
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Hats off to the ACLU AGAIN!!!! WOOOOOHOOOOOOOO !! We need to get them active in Mn carry issus MOA, Duluth etc etc
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lobster
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Post subject: Re: ACLU defends OC (?) in Colorado Posted: Mon Jul 20, 2009 1:05 am |
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Journeyman Member |
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Joined: Mon Dec 31, 2007 3:59 pm Posts: 77 Location: Eveleth, MN/Dugway, UT/Dublin, IE
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JimC wrote: Hats off to the ACLU AGAIN!!!! WOOOOOHOOOOOOOO !! We need to get them active in Mn carry issus MOA, Duluth etc etc Not to get too off topic, but could you explain what you mean about Duluth? Just wondering what I'm missing out on here.
_________________ Erin Go Bragh!!
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tullibee
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Post subject: Re: ACLU defends OC (?) in Colorado Posted: Mon Jul 20, 2009 7:15 am |
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Senior Member |
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Joined: Thu Aug 11, 2005 1:49 pm Posts: 282 Location: Brooklyn Center
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What's the old saying - "even a blind pig finds an acorn once in a while"? it's too bad they don't get involved in 2nd Amend issues on a more regular basis - but it's also good that they don't sometimes too - it's hard to balance my thoughts on them when they seem to usually ignore gun rights, but support causes like NAMBLA free speech issues.
_________________ what part of "shall not be infringed" is so hard to understand by so many people?
gun control means hitting where you aim!
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tman065
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Post subject: Re: ACLU defends OC (?) in Colorado Posted: Mon Jul 20, 2009 12:48 pm |
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Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am Posts: 810 Location: Northern MN
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On Gun Talk yesterday, Tom Gresham had a Louisiana ACLU spokesperson on. She mentioned that the ACLU is mostly comprised of independent state organizations which decide individually which cases they pursue. Not being a member, I can't speak to this, but it makes sense. Here's the link to the podcast; the ACLU guest starts practically right away. http://guntalk.libsyn.com/
_________________ Proud, Service Oriented, Rural LEO, or "BADGED COWBOY" Certified MN Carry Permit Instructor
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mrokern
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Post subject: Re: ACLU defends OC (?) in Colorado Posted: Mon Jul 20, 2009 1:14 pm |
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Longtime Regular |
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Joined: Tue Jan 15, 2008 9:40 pm Posts: 2264 Location: Eden Prairie
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lobster wrote: JimC wrote: Hats off to the ACLU AGAIN!!!! WOOOOOHOOOOOOOO !! We need to get them active in Mn carry issus MOA, Duluth etc etc Not to get too off topic, but could you explain what you mean about Duluth? Just wondering what I'm missing out on here. There seems to be a systemic lack of understanding of the legality of open carry among the Duluth PD, according to some of our members here. -Mark
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