CS Police illegally arrest open carrier ... now have to pay up.

[Zundfolge]

Good guy wins!

Man receives settlement after gay pride parade arrest
COLORADO SPRINGS, CO- The city of Colorado Springs is settled with a man wrongly arrested at this summer's gay pride festival.
"These cops are arresting me for no reason at all this is an outrage you sergeants should be prosecuted," James Sorenson said, on tape, during the arrest this summer.
Police arrested Sorenson, a veteran, and jailed him for openly carrying a handgun at Acacia Park.

At the time, officers said it was illegal to carry a gun at the park, but that law was repealed a decade ago.

Now, all charges have been dropped, and the city has settled with Sorensen for a little more than $23,000.

source


Was going to make a joke about packing at a gay pride event but figured that would be in poor taste.

[merl]

So this happened after the redefinition of deadly weapon? Good for him they didn't press it but I almost wish they had for a court ruling on what that law means for open carry.

[Hound]

So this happened after the redefinition of deadly weapon? Good for him they didn't press it but I almost wish they had for a court ruling on what that law means for open carry.

I am SO glad to hear somebody else talking to HB-1043. The BCG and Mag laws suck but this is the one that scares me the most. I agree. I wish they had pushed it.

[Squeeze]

I'm glad he got a settlement. This should catch on like wildfire. What's sad is many police officers are not up to speed on current firearms laws. That's why I always carried a Colorado C.R.S. book in my patrol car (which is what a good officer should have in his war bag). It just amazes me that police are pulling laws out of their ass and arresting people on it. Well, guess that will continue until the city gets tired of paying out settlements.

[Ronin13]

I'm glad he got a settlement. This should catch on like wildfire. What's sad is many police officers are not up to speed on current firearms laws. That's why I always carried a Colorado C.R.S. book in my patrol car (which is what a good officer should have in his war bag). It just amazes me that police are pulling laws out of their ass and arresting people on it. Well, guess that will continue until the city gets tired of paying out settlements.

THIS! Since day one of the academy, well actually it was around day 14, we were told "it is incumbent upon you to stay sharp and up-to-date on changes in the laws, ordinances, and statutes. Your agency has enough going on that they probably won't be able to put out a notice every time a law is changed." So to add to your quote Squeeze (because I'll keep it intact as is): Always carry an up to date CRS book. I have my 2013/2014 edition, and plan to always have it in my war bag, no matter what.

[sniper7]

Great news!

[Zundfolge]

Why doesn't US Code Title 18 USC § 242 apply in these cases?

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Clearly these officers deprived him of his rights under color of law. Shouldn't they be held accountable under the law? Ignorance of the law is no excuse (which apparently the officers flatly told this guy as they were violating his rights).

[Ronin13]

Why doesn't US Code Title 18 USC § 242 apply in these cases?



Clearly these officers deprived him of his rights under color of law. Shouldn't they be held accountable under the law? Ignorance of the law is no excuse (which apparently the officers flatly told this guy as they were violating his rights).

I think many would try to see this as a "good faith" exception... Unlikely that they'll really be hammered too hard. More like "We'll settle, educate our officers, and call it fair is fair."

[CareyH]

I think many would try to see this as a "good faith" exception... Unlikely that they'll really be hammered too hard. More like "We'll settle, educate our officers, and call it fair is fair."

I disagree. Its a double standard. Ignorance of the law is no excuse....unless you are a police officer I guess. I am not cop bashing so don't take it that way, but it seems like more and more frequently the people that are supposed to enforce the law are breaking it with no consequence.

[NFATrustGuy]

I was stopped for speeding a couple of years ago... I deserved it.

During the interaction, I disclosed that I had a CCW permit and that my gun was under my driver's seat. I volunteered my CCW permit. The officer instructed me to leave the gun where it was and went back to his car to process my information. When he returned, he informed me that I was lucky he was a nice guy because he could be arresting me for a "weapons violation" because my CCW permit was no good. He said that because it was signed by the previous Sheriff, it was no longer valid. I told him that was ridiculous and that's not the way things worked. He was persistent. I then told him that it's a good thing Colorado law specifically allows me to carry in my car. He told me there was no such law.

He didn't arrest me, but he was confident enough in his assertion that I called a buddy who teaches CCW classes. I also called the Larimer County Sheriff's office to confirm the validity of my permit. In hindsight, I almost wish he would have arrested me! That would have made a helluva story!

I'm far from being a LEO basher, but, as with any profession, there are a few bad apples.

RWW