Daytona agrees to pay man $15K for wrongful arrest [Archive] - Glock Talk

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TBO
02-21-2012, 11:21
http://www.news-journalonline.com/news/local/east-volusia/2012/02/21/daytona-agrees-to-pay-man-15k-for-wrongful-arrest.html

dherloc
02-21-2012, 11:26
Thought it was legal to have a handgun in the car even if you don't have a concealed carry license. If it was loaded and in a glove box, he should have been legal even without it. FL laws are pretty lenient with cars falling under castle doctrine also.

RussP
02-21-2012, 11:36
Thought it was legal to have a handgun in the car even if you don't have a concealed carry license. If it was loaded and in a glove box, he should have been legal even without it. FL laws are pretty lenient with cars falling under castle doctrine also.That wasn't the case here. Are you reading that from a source other than the one linked in Post #1?

dherloc
02-21-2012, 11:42
"They also searched his car and found a loaded handgun" - I take this to mean it was inside the car and not on his person...which I believe should still have been legal.

Quote is from the linked article.

RussP
02-21-2012, 12:03
"They also searched his car and found a loaded handgun" - I take this to mean it was inside the car and not on his person...which I believe should still have been legal.

Quote is from the linked article.Okay, I see your point. The collateral issues jumped out at me...

Gunnut 45/454
02-21-2012, 12:14
Boy those LEo's were not to smart! When they found the guy's CCW it should have ended right there! Oh well be stupid pay stupid fines!:faint:

ithaca_deerslayer
02-21-2012, 12:51
:wow: Wow, I guess sometimes a person can sue the police for wrongful arrest, and win, and get the chief to say the officers made a mistake, and get one of the officers suspended without pay.

Dragoon44
02-21-2012, 12:52
Even aside from the fact it is not illegal to have a loaded firearm in your vehicle in FL. WITHOUT a CCW permit. ( though we do not know how the firearm was carried in the vehicle as to whether or not it was indeed legal.)

They KNEW he had a permit and arrested him anyway. The Chief says there are no extenuating circumstances and no excuse. The officers involved should be fired for making a blatant false arrest.

RussP
02-21-2012, 13:50
Even aside from the fact it is not illegal to have a loaded firearm in your vehicle in FL. WITHOUT a CCW permit. ( though we do not know how the firearm was carried in the vehicle as to whether or not it was indeed legal.)

They KNEW he had a permit and arrested him anyway. The Chief says there are no extenuating circumstances and no excuse. The officers involved should be fired for making a blatant false arrest.From handgunlaw.usRV/Car Carry Without A Permit/License
790.25 Lawful Ownership, Possession, and Use of Firearms and Other Weapons
(5) Possession in Private Conveyance.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.

790.001 Definitions.-- As used in this chapter, except where the context otherwise requires:

(17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

Mayhem like Me
02-21-2012, 14:13
Even aside from the fact it is not illegal to have a loaded firearm in your vehicle in FL. WITHOUT a CCW permit. ( though we do not know how the firearm was carried in the vehicle as to whether or not it was indeed legal.)

They KNEW he had a permit and arrested him anyway. The Chief says there are no extenuating circumstances and no excuse. The officers involved should be fired for making a blatant false arrest.


This Exactly,

ZombieKing
02-21-2012, 14:34
I don't understand why he settled. I wouldn't have.

dosei
02-21-2012, 14:44
Even aside from the fact it is not illegal to have a loaded firearm in your vehicle in FL. WITHOUT a CCW permit. ( though we do not know how the firearm was carried in the vehicle as to whether or not it was indeed legal.)

They KNEW he had a permit and arrested him anyway. The Chief says there are no extenuating circumstances and no excuse. The officers involved should be fired for making a blatant false arrest.

...graduates of the Danial Harless Training Academy? :dunno:

The Cheif's got every reason to be rather PO'ed at these two...

High Altitude
02-21-2012, 14:57
If you want to stop LEO from breaking the law all you have to do is treat them the same as any other civilian, if not harsher, since they are trained LEO. Once they realize they can face the same consequences as any other person, they will stop.

TDC20
02-21-2012, 20:00
If you want to stop LEO from breaking the law all you have to do is treat them the same as any other civilian, if not harsher, since they are trained LEO. Once they realize they can face the same consequences as any other person, they will stop.

If you want to end this type of abuse, pass laws that allow lawsuits against the police pensions. Police have "no skin in the game" when it comes to settling lawsuits for malpractice. Open up the pension plans for lawsuits and watch how fast attitudes change and the "blue line" cover-ups cease to exist.

I have no idea why this man chose to settle for $15K. He must have been in it for the principle of the matter. I would have been seeking 7 figures for impugning my character and potential lost wages for the same, and tack on the rest of the violations from there.

There's no reason why most cities that are already in budget crises and unable to fully fund pension plans for their workers, should have to pay settlements for a jackass cop purposely harassing someone. Take it out of his pension, then the shenanigans will stop. Take it out of the pension plan, and you create a peer network that will demand professionalism. Until you do that, expect more of the same.

kensteele
02-21-2012, 20:45
A simple goole search shows Bethune-Cookman University is a historically black college, and pretty much all of their students are African-American, a fast fact pdf on their website shows 92% in 2011. Does that help explain things in Daytona, FL...a "suspicious" vehicle in the parking lot?

Maybe it's his own fault, he never should have allowed a vehicle search (I assuming he did because not too many people understand it's ALWAYS a losing proposition to consent to it).

RussP
02-21-2012, 21:45
A simple goole search shows Bethune-Cookman University is a historically black college, and pretty much all of their students are African-American, a fast fact pdf on their website shows 92% in 2011. Does that help explain things in Daytona, FL...a "suspicious" vehicle in the parking lot?No, it does not explain anything. I would strongly suggest you research the case and present facts to substantiate your "explanation".

Absent you discovering any facts directly related to the incident, showing that was a contributing factor, we are not going down that path.Maybe it's his own fault, he never should have allowed a vehicle search (I assuming he did because not too many people understand it's ALWAYS a losing proposition to consent to it).Perhaps, but he knew he had the permit. One of the officers saw the permit. The investigation should have terminated at that point.

Warp
02-21-2012, 21:54
I don't understand why he settled. I wouldn't have.

I would.

$15k is a lot of money and, more importantly, the chief admitted the officers made a mistake and the arrest should not have happened.

""We screwed up," Chitwood said. "I don't know what they were thinking. There's no excuse for what they did. ... The officers involved knew better. That's the most disappointing thing."

One of the officers involved was suspended without pay, the chief said. "

Mr. Blandings
02-22-2012, 00:16
Also, Florida law holds that if one side (the city) offers to settle and the other side (the plaintiff) refuses that the subsequent jury award must be a certain percentage of the settlement offer or greater otherwise the plaintiff is liable for court costs and attorney fees for the "losing" side.

Here's a recent news story on just such a case involving a lawsuit against an "at fault" law enforcement agency: No clowning around: St. Pete man wins in court, but owes city $23k (http://www.myfoxtampabay.com/dpp/news/local/pinellas/now-clowning-around%3A-st.-pete-man-wins-in-court,-but-owes-city-$23k-011312).

Bruce M
02-22-2012, 07:17
It would be interesting to see what settlements or judgements in other similar cases are. My guess is that the payout for false arrest may not be as high as some might think.

Jon_R
02-22-2012, 08:36
I would.

$15k is a lot of money and, more importantly, the chief admitted the officers made a mistake and the arrest should not have happened.

""We screwed up," Chitwood said. "I don't know what they were thinking. There's no excuse for what they did. ... The officers involved knew better. That's the most disappointing thing."

One of the officers involved was suspended without pay, the chief said. "

I like Chief Chitwood. He is a good guy.

Some other info from him.

A homeowner held a bad guy at gun point in her back yard that was fleeing police.

“Police Chief Mike Chitwood said he doesn’t encourage vigilante justice but said people have the right to protect themselves or their property. ’They’re fed up with everything,’ he said. ‘People have to do what they have to do.’”

Different Incident. Home owner shot a guy through his back door that was wearing a ski mask. In FL BTW.

“The 82-year-old resident did something that the criminal justice system couldn’t do,” said Mike Chitwood, the chief of Daytona Beach police. “And that’s put this burglar out of business this morning.”

For the OP no idea what they were thinking it is so easy for someone without a permit to legally transport a loaded gun in their car in FL. With a permit it is pretty hard to come up with a way to do it that is not legal.

redbaron007
02-22-2012, 11:56
The chief admitted fault. They offered a reasonable settlement. Taking it to a trial would prolly not garnish a whole lot more $$$.

IMHO, There is a good chance the jury would agree and provide the victim the same settlement. Plus, in some cases, attorneys fees percentage become greater if they take it to a trial and win. So he still may have only gotten the same amount, or less.

Now, had the chief not admitted guilt and they offered $1,500.....it would be something to consider.

:wavey:

red

kensteele
02-22-2012, 12:22
So this is still just a "mistaken" arrest case? LOL

ZombieKing
02-22-2012, 12:36
Also, Florida law holds that if one side (the city) offers to settle and the other side (the plaintiff) refuses that the subsequent jury award must be a certain percentage of the settlement offer or greater otherwise the plaintiff is liable for court costs and attorney fees for the "losing" side.

Here's a recent news story on just such a case involving a lawsuit against an "at fault" law enforcement agency: No clowning around: St. Pete man wins in court, but owes city $23k (http://www.myfoxtampabay.com/dpp/news/local/pinellas/now-clowning-around%3A-st.-pete-man-wins-in-court,-but-owes-city-$23k-011312).

That's a terrible and unfair law.

RussP
02-22-2012, 12:37
So this is still just a "mistaken" arrest case? LOLDo you have facts suggesting otherwise?

coastal4974
02-22-2012, 15:49
Boy those LEo's were not to smart! When they found the guy's CCW it should have ended right there! Oh well be stupid pay stupid fines!:faint:

Unfortunately it’s the tax payers paying the fine as always.

Gubmint workers should have to carry their own insurance that would cover them and the tax payers for issues like this.

SouthernBoyVA
02-22-2012, 16:27
Even aside from the fact it is not illegal to have a loaded firearm in your vehicle in FL. WITHOUT a CCW permit. ( though we do not know how the firearm was carried in the vehicle as to whether or not it was indeed legal.)

They KNEW he had a permit and arrested him anyway. The Chief says there are no extenuating circumstances and no excuse. The officers involved should be fired for making a blatant false arrest.

I would add to this the fact that the good citizens of Daytona should not be expected to foot the suit but rather the the offending officers should be responsible for this.

kensteele
02-22-2012, 17:25
Do you have facts suggesting otherwise?

Working on getting the facts like everyone else in the thread. So far, my explanation is the "best" explanation if that's all we have to go on. IMHO

RussP
02-22-2012, 18:46
Working on getting the facts like everyone else in the thread. So far, my explanation is the "best" explanation if that's all we have to go on. IMHOAll the information "we have" is that it was a wrongful arrest. I believe everyone would be interested in any other verifiable facts you discover.