Enon Police rights violation

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Tweed Ring
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Re: Enon Police rights violation

Post by Tweed Ring »

In these, and in similar situations, my answer is always the same: lawyer.
A_F
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Re: Enon Police rights violation

Post by A_F »

The friend of the OP was very fortunate to get that judge, and not need a lawyer to sort out it all out.
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TJW815
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Re: Enon Police rights violation

Post by TJW815 »

Tweed Ring wrote:Like I said, it’s a lawful order.
I can admit when I'm wrong and in this case I was. My apologies to Tweed Ring. I forgot that last little tidbit. :oops:
Tweed Ring
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Re: Enon Police rights violation

Post by Tweed Ring »

TJW815 wrote:
Tweed Ring wrote:Like I said, it’s a lawful order.
I can admit when I'm wrong and in this case I was. My apologies to Tweed Ring. I forgot that last little tidbit. :oops:
Not a problem. It was beaten into my brain in my initial CHL class, and into my brain in my subsequent CHL instructor's course. I used to team teach with an attorney, and I can recall him stressing this facet of Ohio's law as well in each and every class. In essence: "Can't touch it, but if he demands to see it, carefully and slowly hand it to him..." etc.

No apologies necessary. Hopefully, we all learn something new every day.
TMFC
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Re: Enon Police rights violation

Post by TMFC »

Back to my original reason for posting. This situation was a horrible example of a violation of our right to bear arms. Do any of you know of a lawyer in or around the Dayton area that would be recommended for a lawsuit of this kind?
To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them. – Richard Henry Lee 1788
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Werz
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Re: Enon Police rights violation

Post by Werz »

TMFC wrote:Well he just had his hearing in front of the judge in Clark county and the judge apologized to him and told him that the charges were all dropped and that she would "TRY" to get his gun and permit back for him and that she is going to have a talk with the Mayor, the sheriff and the chief of police. He still has no Idea why a warrant was issued or why he had to spend the week end in jail.
Some of that doesn't track very well with reality. I would certainly be interested in knowing more.

If your buddy's case never made it out of Clark County Municipal Court, you can find it by entering his name here. If he was actually indicted for a felony charge, which was filed in Clark County Common Pleas Court, you can find the case by entering his name here. That will tell you when he was charged, what he was charged with, why a warrant was issued, and why he sat in jail.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
TMFC
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Re: Enon Police rights violation

Post by TMFC »

Werz wrote:
TMFC wrote:Well he just had his hearing in front of the judge in Clark county and the judge apologized to him and told him that the charges were all dropped and that she would "TRY" to get his gun and permit back for him and that she is going to have a talk with the Mayor, the sheriff and the chief of police. He still has no Idea why a warrant was issued or why he had to spend the week end in jail.
Some of that doesn't track very well with reality. I would certainly be interested in knowing more.

If your buddy's case never made it out of Clark County Municipal Court, you can find it by entering his name here. If he was actually indicted for a felony charge, which was filed in Clark County Common Pleas Court, you can find the case by entering his name here. That will tell you when he was charged, what he was charged with, why a warrant was issued, and why he sat in jail.
I already went through all of that. There is no information about the warrant. The bailiff wasnt even able to give any information as to why the warrant was issued. When his wife bonded him out the lady up there told her. That she had never seen anything like it before. They tried to hit him with both Felony and misdemeanor charges of mishandling a firearm.
To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them. – Richard Henry Lee 1788
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Werz
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Re: Enon Police rights violation

Post by Werz »

TMFC wrote:
Werz wrote:
TMFC wrote:Well he just had his hearing in front of the judge in Clark county and the judge apologized to him and told him that the charges were all dropped and that she would "TRY" to get his gun and permit back for him and that she is going to have a talk with the Mayor, the sheriff and the chief of police. He still has no Idea why a warrant was issued or why he had to spend the week end in jail.
Some of that doesn't track very well with reality. I would certainly be interested in knowing more.

If your buddy's case never made it out of Clark County Municipal Court, you can find it by entering his name here. If he was actually indicted for a felony charge, which was filed in Clark County Common Pleas Court, you can find the case by entering his name here. That will tell you when he was charged, what he was charged with, why a warrant was issued, and why he sat in jail.
I already went through all of that. There is no information about the warrant. The bailiff wasnt even able to give any information as to why the warrant was issued. When his wife bonded him out the lady up there told her. That she had never seen anything like it before. They tried to hit him with both Felony and misdemeanor charges of mishandling a firearm.
That doesn't track with reality, either. A charge had to be filed with the court in order for a warrant to be issued, and if a charge was filed, it should be on record at the clerk's web site, particularly if your buddy was arrested and made an appearance. And bailiffs are not the people to ask; even if the bailiff knows, you probably won't get a straight answer because it's not his/her job to answer those questions.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
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wobblygoblin
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Re: Enon Police rights violation

Post by wobblygoblin »

IMHO this is not so much solely a 2nd Amendment case as it is a 1983 action. Sounds like Boss Hog and his boys forget this no longer 1955. Have your friend do a public records request for any and all dash cam video.
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djthomas
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Re: Enon Police rights violation

Post by djthomas »

wobblygoblin wrote:IMHO this is not so much solely a 2nd Amendment case as it is a 1983 action. ... Have your friend do a public records request for any and all dash cam video.
Perhaps, I'd settle for basic court records at this point. To Werz's point do we even know that any of this actually happened? If the gentleman was pulled over and arrested on an outstanding warrant that means that there is a court case and subsequent warrant entered into LEADS. In order to be entered into LEADS it has to exist and come on the order of a court of competent jurisdiction. If the local PD simply entered a phantom warrant into the system I think OSHP would be very interested in knowing that.

Maybe the records have been sealed at this point but that would take some overt action on the part of the accused.

This story concerns me because if true there's a lot of problems in Clark County. I'm anxiously awaiting specifics.
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Werz
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Re: Enon Police rights violation

Post by Werz »

djthomas wrote:
wobblygoblin wrote:IMHO this is not so much solely a 2nd Amendment case as it is a 1983 action. ... Have your friend do a public records request for any and all dash cam video.
Perhaps, I'd settle for basic court records at this point. To Werz's point do we even know that any of this actually happened? If the gentleman was pulled over and arrested on an outstanding warrant that means that there is a court case and subsequent warrant entered into LEADS. In order to be entered into LEADS it has to exist and come on the order of a court of competent jurisdiction. If the local PD simply entered a phantom warrant into the system I think OSHP would be very interested in knowing that.
Exactly.
Maybe the records have been sealed at this point but that would take some overt action on the part of the accused.
Very unlikely, even if it was sua sponte.
This story concerns me because if true there's a lot of problems in Clark County. I'm anxiously awaiting specifics.
If completely true, there are major problems. But as in many of the tales posted in these forums, particularly those based on second-hand accounts, the whole story may not be manifest.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
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deanimator
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Re: Enon Police rights violation

Post by deanimator »

I'm not saying the story isn't true, and I'm certainly not one to give the police the benefit of the doubt, but this story has more twists and turns than an episode of "House".

I have my doubts.
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Wileyone
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Re: Enon Police rights violation

Post by Wileyone »

On the floor boards next to your friend and behind his foot?? I might be missing something but doesn't it have to be in a container of some sort if it's not on your person?
Get yourself a Glock and lose that nickel-plated sissy pistol.
BriKuz
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Re: Enon Police rights violation

Post by BriKuz »

Wileyone wrote:On the floor boards next to your friend and behind his foot?? I might be missing something but doesn't it have to be in a container of some sort if it's not on your person?
no, that law was changed
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Werz
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Re: Enon Police rights violation

Post by Werz »

BriKuz wrote:
Wileyone wrote:On the floor boards next to your friend and behind his foot?? I might be missing something but doesn't it have to be in a container of some sort if it's not on your person?
no, that law was changed
Common sense hasn't.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
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