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Some of you may remember, lots of you wanted the update when it came. So here it is.
I was arrested on Portland, ME's Back Bay walking path on 21 May while open carrying my H&K USPc. A couple of women walking a dog called the police for a MWAG (me) and about 20 minutes later along the path a police car with lights and sirens passed me, turned around, stopped, and the officer got out with his glock drawn and pointed at me. He ordered me to the ground. I complied giving my name and city and asked him what was wrong and if I broke any laws. He didn't reply. He just told the other people on the path to stay far away. Two other cars showed up and blocked off the road. Those officers also got out and held me at gunpoint. The original officer took the lead and cuffed me. Then all three officers got on my back patting me down and getting the gun off. They couldn't figure out the Serpa holster until I told them they needed to press the button on the side... They were just tugging at the gun...
Well. I had three knives on me. A Kershaw Leek clipped to my sock, a folding lockback box cutter in my right pocket, and a swiss army knock off in my left pocket. They took the Kershaw and the box cutter and my wallet (missed the Swiss Army, but I thought they had it) along with the gun and shoved me in the back of a police car.
I watched while all three officers discussed me behind the car. I couldn't hear what they were saying because the officer turned up his stereo. The highest ranking officer then opened the door and asked why I had a gun. I told him it was for personal protection and that it's legal to OC in Maine. He shut the door. They continued discussing me while looking at my gun and knives.
Then the arresting officer got into the front seat and prepared to drive. I asked him if I was going to jail. He said yes. I asked why. He said concealed carrying weapons for the knives. I told him they were tools not weapons and asked him if he was charging me for all three (I thought they had all three knives). He looked at me like I had three heads and was like "THREE????!!!" He got back out and opened the back door. I asked him which knives he got and he told me. I told him he missed the Swiss Army in my left pocket and he fetched it out.
I was in the holding area of the jail from 7PM til about midnight when I was bailed for $140 and given an arraignment date of 27 June 2008.
When I went into work the next day I found out that they have a policy saying when you are arrested for any reason, you are suspended without pay pending the outcome of the charges, so I have not been able to work for almost 6 weeks. They will back pay me for time missed if the charges are dropped or I am acquitted.
I chose my lawyer over the next couple of days. Once I hired him, he filed a motion to suppress the evidence and dismiss because the police had no reason to search me because I wasn't breaking any laws when they arrested me. He also filed a request for discovery to get any evidence they had against me. Those motions do not get to see court until after the arraignment however.
I've been in steady contact with my lawyer over the past few weeks and the DA's office didn't assign an ADA to the case until a few days before the arraignment, so there was no one to talk to about my case before I was arraigned. This made me very upset. I thought it was ridiculous that it was taking so long since I wanted to go back to work.
I was arraigned last Friday 27 June on all three counts of carrying a concealed weapon. Today my lawyer was finally able to talk to the ADA that was assigned to the case. He told her our position (that pocket knives aren't "dangerous or deadly weapons usually employed in the attack or defense of a person") and that even if they were I was illegally searched so it's a moot point.
I'm proud to say that this afternoon the ADA DISMISSED THE CASE
I'll be able to go back to work with full pay.
The only thing that really sucked about this is the fact that it took so darn long to get resolved...
__________________ Freedom has a taste to those who fight and almost die, that the protected will never know.
Choose to put your faith in those who wear badges and praise them for the peace of mind instilled, but do not turn and scorn the time it takes to get them there while all the while innocent are killed. Sara Reilly, Sophomore Virginia Tech
First all...thank god your not going to jail...good for you, for not backing down, making a plea and doing some time, or paying fines...and good job in getting a good lawyer...
I bet you won't carry a knife again, right...because the law protects open carry guns, not concealed knives...right?
What are your chances that you can sue for false arrest, imprisonment, ect?
What are you out for laywer fees...
And here is the big question....
Are you going to get concealed weapon license and stop running around looking like Wyatt Earp?
I had sent out my concealed permit application 2 days before my arrest.
Last Thursday I called them about the status of my application and they said my permit should mail out this week. Even though I got arrested for concealed carry of knives, I still got approved for my permit
__________________ Freedom has a taste to those who fight and almost die, that the protected will never know.
Choose to put your faith in those who wear badges and praise them for the peace of mind instilled, but do not turn and scorn the time it takes to get them there while all the while innocent are killed. Sara Reilly, Sophomore Virginia Tech
Sounds like a bargain, for what you apparently got.
__________________ DISCLAIMER: references to idiots in my reply refers to fictional persons or persons who are not members of Glocktalk and should not be taken as a reference to a Glocktalk member, regardless of the common sense of his statements or lack thereof.
Glad everything worked out for you! The ADA sounds like they were reasonable and knew what was going on...the PPD has screwed up. I'd be interested to hear if you plan to OC in Portland again...perhaps without the knives?
If your new concealed carry permit does not cover knives, maybe you could string them all together on a chain and wear them openly around your neck... or just carry a broadsword on your belt.
__________________
Alinsky wrote “the disruption of the present organization is the first step toward community organization. All change means disorganization of the old and organization of the new.” For Obama and ACORN, disrupting our institutions, free markets, and the rule of law is the first step toward the socialist society that Alinsky sought.
I hope you will pursue suing them for wrongful arrest...what do your local gun organizations have to say about this? I mean seriously, cops don't bother to learn the law before they arrest you for breaking no laws?
If you DO carry a knife again, and I'd suggest you don't if it's not legal to do so (let's face the cops screwed up by searching you for the wrong reason), just carry one knife.
Three is kinda overkill.
If you need tools, carry a Leatherman of a swiss army knife. At least in court you can argue alterntive purposes.
Question: what line of work are you in that made you sit out until the charges were dismissed?
Folks, there is such a thing as putting too much personal info on the internet.
RussP
__________________ Freedom has a taste to those who fight and almost die, that the protected will never know.
Choose to put your faith in those who wear badges and praise them for the peace of mind instilled, but do not turn and scorn the time it takes to get them there while all the while innocent are killed. Sara Reilly, Sophomore Virginia Tech
If you DO carry a knife again, and I'd suggest you don't if it's not legal to do so (let's face the cops screwed up by searching you for the wrong reason), just carry one knife.
Three is kinda overkill.
If you need tools, carry a Leatherman of a swiss army knife. At least in court you can argue alterntive purposes.
Well done with the win.
Carry whatever and however many of anything you want (if it is legal).
__________________
Alinsky wrote “the disruption of the present organization is the first step toward community organization. All change means disorganization of the old and organization of the new.” For Obama and ACORN, disrupting our institutions, free markets, and the rule of law is the first step toward the socialist society that Alinsky sought.
I must say that it kind of blows my mind that people here, of all places, are worried about this guy, or anyone else, carrying pocket knives of any number. They weren't illegal at all and the police just tossed those charges on in a blatant attempt to cover their asses.
It further blows my mind a bit that my fellow GTers would stoop to the low level of name calling because the OP had the nerve to exercise his 2nd Amendment rights in the manner of his choosing. What the OP did wasn't illegal. What the officers did was illegal. Chosing to justify unconstitutional behavior by police officers, which hurts everyone, because you don't happen to agree with the OPs method of carry is reprehensible and churlish.
Congratulations!
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