Arrested in Lakewood

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schmieg
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Re: Arrested in Lakewood

Post by schmieg »

djthomas wrote:Looks like Lakewood has never caught its municipal ordinances up. For example, it still clings to 2923.12 and 2923.16 as they existed prior to 2004. Seems to me they've got a bigger 9.68 compliance issue other than their cute interpretation of dangerous ordnance. Incidentally, even with their inclusion of semi-automatic firearms in the definition of dangerous ordnance, they then pretty much mirror the state law exclusions, which includes pistols, rifles, and shotguns suitable for sporting purposes unless they are automatic or sawed-off. Lakewood actually takes it a step farther by including marksmanship competitions as an example of what sporting means. Even if you wouldn't hunt with a particular handgun just about any handgun is suitable for marksmanship competitions.

So 9.68 might not even come into play when the ordinance itself provides the exemption, making it even more indefensible.

As an aside, I wonder if they've ever charged city employees who live in the city and have a semi-automatic dangerous ordnance in their home without a license, because looking over their exemptions section even their police officers are not exempt when it comes to weapons possessed for personal use, 549.98.
I hope the OP is monitoring our discussions about the ordnance ordinance.
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Glock Rock
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Re: Arrested in Lakewood

Post by Glock Rock »

I hope the low information patrolmen, sergeants, and city prosecutor are.
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Re: Arrested in Lakewood

Post by AlanM »

Unfortunately my current diet doesn't allow it or I would be making a BIG bowl of heavily buttered and salted popcorn right now.
I WILL be following this one.
My last wife's parents lived on Warren Rd in Lakewood but luckily I never tangled with law enforcement during those years.
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Re: Arrested in Lakewood

Post by Jode21258 »

Update ...case was dropped by Lakewood Minicipal Court.
 

The defendant was charged with failure to secure dangerous ordnance in violation of Lakewood Codified Ordinance 549.06.  The defendant raised the issue of the validity of Lakewood Codified Ordinance 549.06 as the ordinance is inconstant with and broader in scope than R.C. 2923.19.  

The defendant based his claim of the invalidity of the Lakewood ordinance on Ohioans for Concealed Carry, inc. v. Cleveland, 8th. Dist. Cuyahoga, No. 104970, 2017-Ohio-1560, which invalidated a Cleveland ordinance that was inconsistent with R.C. 2923.19 and 2923.21(A).  As the court noted:   In Cleveland v. State, 128 Ohio St.3d 135, 2010-Ohio-6318,  the Ohio Supreme Court held that "R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority." As recognized in the Cleveland v. State,

Thanks to this claim filed by the The Ohioans for Concealed Carry my case was thrown out,
Unfortunately it cost me 6,000 dollars and many hours of my time that was not a legal arrest
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Re: Arrested in Lakewood

Post by Mustang380gal »

I am happy that the case was dismissed. Congratulations!

Lately, it seems that the process is the punishment. You were punished by hours of labor, stress and $6000 for doing a legal activity. Glad it was no worse than it was.
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Re: Arrested in Lakewood

Post by Michael »

Jode21258 wrote:Thanks to this claim filed by the The Ohioans for Concealed Carry my case was thrown out,
Unfortunately it cost me 6,000 dollars and many hours of my time that was not a legal arrest
$6000 is much cheaper than being found guilty of a gun crime.
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Re: Arrested in Lakewood

Post by Thanlon23 »

A couple of lessons to be learned from this situation:

1. NEVER LEAVE A GUN IN PLAIN SIGHT if you're leaving it in your locked car. If you don't have a lock box for your gun in your car, at least stick it in the glove box or center console (if you have one).

2. Buy a lock box for your car. They run around $40-50. If someone breaks into your car just to look for cash in the console or glove box and find your gun, they'll probably take it. Either way, leaving it in plain sight or in an unlocked compartment, you're out a couple of hundred dollars at the least. If you're going buy a gun, make the investment in a lockbox.
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Re: Arrested in Lakewood

Post by DontTreadOnMe »

Congratulations! I know spending that much of your own money sux, but this is a much better outcome than being found guilty & having to go through the appeals process.
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Re: Arrested in Lakewood

Post by WY_Not »

3. Quit making excuses for criminals. Whether my property is locked in a box or sitting in plain sight, it is still my property. If you take it you are a thief. Thieves (and criminals) need to be punished, not the victim.
Thanlon23 wrote:A couple of lessons to be learned from this situation:

1. NEVER LEAVE A GUN IN PLAIN SIGHT if you're leaving it in your locked car. If you don't have a lock box for your gun in your car, at least stick it in the glove box or center console (if you have one).

2. Buy a lock box for your car. They run around $40-50. If someone breaks into your car just to look for cash in the console or glove box and find your gun, they'll probably take it. Either way, leaving it in plain sight or in an unlocked compartment, you're out a couple of hundred dollars at the least. If you're going buy a gun, make the investment in a lockbox.
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Re: Arrested in Lakewood

Post by schmieg »

WY_Not wrote:3. Quit making excuses for criminals. Whether my property is locked in a box or sitting in plain sight, it is still my property. If you take it you are a thief. Thieves (and criminals) need to be punished, not the victim.
Thanlon23 wrote:A couple of lessons to be learned from this situation:

1. NEVER LEAVE A GUN IN PLAIN SIGHT if you're leaving it in your locked car. If you don't have a lock box for your gun in your car, at least stick it in the glove box or center console (if you have one).

2. Buy a lock box for your car. They run around $40-50. If someone breaks into your car just to look for cash in the console or glove box and find your gun, they'll probably take it. Either way, leaving it in plain sight or in an unlocked compartment, you're out a couple of hundred dollars at the least. If you're going buy a gun, make the investment in a lockbox.
No one is making excuses for criminals. The advice is good. You control the things you can control. You can't control the criminal, but you can make it difficult for him which might either (a) deter him or (b) cause him to spend enough time and make enough noise that he will be caught. The OP should never have been charged, but we can't control the anti-gun idiots who will do whatever they can to make life uncomfortable for us. So we take reasonable precautions to attempt to make our own lives more comfortable.
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Re: Arrested in Lakewood

Post by WY_Not »

Apologies for my 3rd point, it was NOT aimed at anyone here. It was aimed at the LEOs and elected officials who seek to make life harder for the LAC than for actual criminals.
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Re: Arrested in Lakewood

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With everything being dismissed because you never should have been charged in the 1st place are you going to file suit to recover your time and $$?
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Re: Arrested in Lakewood

Post by JediSkipdogg »

WhyNot wrote:With everything being dismissed because you never should have been charged in the 1st place are you going to file suit to recover your time and $$?
Generally one will never win that. Unless it's a blatant violation of arrest powers, it isn't worth the hassle and one will never recoup all of their expenses. My department is coming up on five years dealing with what someone claims is an unlawful arrest. He didn't file till the last minute, so technically the court case has been going for 3 years. And that's not because of our officers or department. It's the entire process. And remember, the officers get paid for every deposition and court appearance. The plaintiff has to take time off work and you generally can't claim damages for the ongoing civil case of missed work.
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Re: Arrested in Lakewood

Post by JustaShooter »

JediSkipdogg wrote:
WhyNot wrote:With everything being dismissed because you never should have been charged in the 1st place are you going to file suit to recover your time and $$?
Generally one will never win that. Unless it's a blatant violation of arrest powers, it isn't worth the hassle and one will never recoup all of their expenses. My department is coming up on five years dealing with what someone claims is an unlawful arrest. He didn't file till the last minute, so technically the court case has been going for 3 years. And that's not because of our officers or department. It's the entire process. And remember, the officers get paid for every deposition and court appearance. The plaintiff has to take time off work and you generally can't claim damages for the ongoing civil case of missed work.
I wonder if this qualifies as "prevailing in a challenge to an ordinance" under ORC 9.68? If so, shouldn't he be awarded costs and reasonable attorney's fees?

http://codes.ohio.gov/orc/gp9.68" onclick="window.open(this.href);return false;
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.
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Re: Arrested in Lakewood

Post by JediSkipdogg »

JustaShooter wrote:
JediSkipdogg wrote:
WhyNot wrote:With everything being dismissed because you never should have been charged in the 1st place are you going to file suit to recover your time and $$?
Generally one will never win that. Unless it's a blatant violation of arrest powers, it isn't worth the hassle and one will never recoup all of their expenses. My department is coming up on five years dealing with what someone claims is an unlawful arrest. He didn't file till the last minute, so technically the court case has been going for 3 years. And that's not because of our officers or department. It's the entire process. And remember, the officers get paid for every deposition and court appearance. The plaintiff has to take time off work and you generally can't claim damages for the ongoing civil case of missed work.
I wonder if this qualifies as "prevailing in a challenge to an ordinance" under ORC 9.68? If so, shouldn't he be awarded costs and reasonable attorney's fees?

http://codes.ohio.gov/orc/gp9.68" onclick="window.open(this.href);return false;
(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.
If he files it under that then yes. The problem has been OFCC has never won a case on initial trial that hasn't been appealed to some level. So while 9.68 is nice, one better find an attorney willing to go the route. And most attorneys going that route want money up front as there is no guarantee on winning money, that part is up to the judge and that word reasonable can really bite one in the behind. Also, say you win at the local level, court provides you fees, city appeals and they win. You take it to the next level. Do you get money from the previous two attempts? Id have to look up OFCC cases, but I don't think the original Cleveland case that we were given money for all levels of fighting.
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