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Issued Citation for OC'ing In My Driveway Tonight... 5 Squad Cars Necessary?

Flashlight

Regular Member
Joined
Jul 6, 2010
Messages
68
Location
Indiana
Good news: the PPD ordnance prosecutor called me, and after we talked for a little while she told me she would dismiss the charges and was aware that the ordnances are invalid.

So, this leaves me wondering where to go. I will be talking to two lawyers tomorrow. The only reason I want to pursue this is to ensure that it doesn't happen again, and I want to make sure that all officers get proper training on how to handle (or not handle) an OC call. Thoughts?

I want to make sure that this incident virtually doesn't exist, and is NOWHERE near my record. I also want to do my part in getting these void ordnances removed. The prosecutor said she has brought them up at the last two city hall meetings, so I'm thinking I will be attending the next one to bring it up as well. Anyone in the SoMe area who can join should.
Make sure you still file a complaint. Even if they know that it is unenforceable they will still do it unless held accountable. And carry a real firearm when you go to the police station and insist that they follow the law.
 

MainelyGlock

Regular Member
Joined
Feb 19, 2012
Messages
615
Location
Portland, ME
Make sure you still file a complaint. Even if they know that it is unenforceable they will still do it unless held accountable. And carry a real firearm when you go to the police station and insist that they follow the law.
Most definitely. Planning on going in tomorrow at some point to file a complaint against two of the officers, one of them being Callwell. The others did not harass me, though they were very submissive and stood around to watch.

Also, make sure you get a copy of the Nolle Prosequi paperwork should there be any.
I think the prosecutor who called me would probably have this, yes? I'm pretty sure she works in the same building anyways. If not, I discovered that her and I have a mutual friend, so maybe that will speed things up. Small world we live in.
 

mark-in-texas

Regular Member
Joined
Aug 20, 2010
Messages
320
Location
Richmond, Tx
I HIGHLY recommend Penny Dean!! Even way down here in Texas I've heard of her. She's been on NRA News several times and is one smart cookie!!
 

aa1911

Regular Member
Joined
Jul 18, 2012
Messages
106
Location
Yelm, WA
The cops KNEW you were armed. You have the 911 tapes to prove it if they lie. Under color of authority, they told you to step off your property. This is lawsuit #1.

State preemption violated by citation from the city and its enforcers. Lawsuit #2.
this was my first question when I started reading the thread.

You were asked by police to step off of your property (and yes, it's YOUR property if you have a right to be there and it's a family member's home especially), if you had refused, wouldn't that have been another citation? would that be considered a 'lawful' command by a LEO?

sounds like baiting to me, this LEO needs a big wake up call and an education.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
I used Tom Hallet myself when I was arrested in Portland 4 years ago. Great guy. I never had to go to court and the charges were dismissed.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,170
Location
earth's crust
this was my first question when I started reading the thread.

You were asked by police to step off of your property (and yes, it's YOUR property if you have a right to be there and it's a family member's home especially), if you had refused, wouldn't that have been another citation? would that be considered a 'lawful' command by a LEO?

sounds like baiting to me, this LEO needs a big wake up call and an education.
Maybe, maybe not. Can the police bait you into violating a law? Sure. To a point. The question as to the police ordering him to do something in which estoppel would apply is up to the judge or jury. I would certainly see it as such but also recognize that others may not. Since its an affirmative defense it could be a toss up. According to the original posting by the OP the reason for going to the cruiser was to look at the PC in respect to the law...the OP could likely have said no without issue IMO...so some may say the police/town should have estoppel attached and others may say no ... given that this may be a hearing officer deciding this I would bring this up in a motion in limine if its allowed.
 

david.ross

Regular Member
Joined
May 24, 2008
Messages
1,241
Location
Pittsburgh, PA, USA
Good news: the PPD ordnance prosecutor called me, and after we talked for a little while she told me she would dismiss the charges and was aware that the ordnances are invalid.
I'm glad someone gave you a call, I hope the bad apple/idiot Sgt Calloway gets a firm correction. Though like I said on the phone, there's a reason he's older and still a Sgt. Mistakes like what he did to you are exactly why he won't be going up in the ranks anytime soon.

Make sure you file a complaint and copy the mayor and council members as to the circumstances of the incident.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Good news: the PPD ordnance prosecutor called me, and after we talked for a little while she told me she would dismiss the charges and was aware that the ordnances are invalid.

So, this leaves me wondering where to go. I will be talking to two lawyers tomorrow. The only reason I want to pursue this is to ensure that it doesn't happen again, and I want to make sure that all officers get proper training on how to handle (or not handle) an OC call. Thoughts?

I want to make sure that this incident virtually doesn't exist, and is NOWHERE near my record. I also want to do my part in getting these void ordnances removed. The prosecutor said she has brought them up at the last two city hall meetings, so I'm thinking I will be attending the next one to bring it up as well. Anyone in the SoMe area who can join should.
Count me in. The next meeting should be on the 15th if I'm not mistaken at 7PM
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,170
Location
earth's crust
Good news: the PPD ordnance prosecutor called me, and after we talked for a little while she told me she would dismiss the charges and was aware that the ordnances are invalid.

So, this leaves me wondering where to go. I will be talking to two lawyers tomorrow. The only reason I want to pursue this is to ensure that it doesn't happen again, and I want to make sure that all officers get proper training on how to handle (or not handle) an OC call. Thoughts?

I want to make sure that this incident virtually doesn't exist, and is NOWHERE near my record. I also want to do my part in getting these void ordnances removed. The prosecutor said she has brought them up at the last two city hall meetings, so I'm thinking I will be attending the next one to bring it up as well. Anyone in the SoMe area who can join should.
I would be talking to the aldermen/selectmen/whatever about removing the ordinance and notice that the DA already told them the ordinance needs to go ASAP -- ask them why they have not removed them and provide them with the result of their inaction (your arrest). It almost sounds like they made it so that cops could act in abandon and still be protected from a 42 USC 1983 suit.

And file a notice of trespass with your town informing them/their employees are not allowed on your property.
 

MainelyGlock

Regular Member
Joined
Feb 19, 2012
Messages
615
Location
Portland, ME
I'm glad someone gave you a call, I hope the bad apple/idiot Sgt Calloway gets a firm correction. Though like I said on the phone, there's a reason he's older and still a Sgt. Mistakes like what he did to you are exactly why he won't be going up in the ranks anytime soon.

Make sure you file a complaint and copy the mayor and council members as to the circumstances of the incident.
Going to file the complaints later today, and currently drafting a letter to the mayor with the help of my father. Going to send it to the former AG of Maine (family friend) as well as the current one, too.

Count me in. The next meeting should be on the 15th if I'm not mistaken at 7PM
Glad to hear it. Is OC allowed there?

I would be talking to the aldermen/selectmen/whatever about removing the ordinance and notice that the DA already told them the ordinance needs to go ASAP -- ask them why they have not removed them and provide them with the result of their inaction (your arrest). It almost sounds like they made it so that cops could act in abandon and still be protected from a 42 USC 1983 suit.

And file a notice of trespass with your town informing them/their employees are not allowed on your property.
Thanks, I will definitely try to speak with whomever is running the show during the meeting. If the prosecutor I spoke with and a few members of this forum come as well, it will make the case a lot stronger and will hopefully get the illegal ordnances removed faster.

As per the notice of trespass, is this something I would file at city hall?
 

MainelyGlock

Regular Member
Joined
Feb 19, 2012
Messages
615
Location
Portland, ME
I know that businesses are allowed to refuse business to anyone and ask them to leave, and have done so for OCers. Why is it that the PD is not allowed to do this for the station?
 

kcgunfan

Regular Member
Joined
Feb 22, 2011
Messages
1,004
Location
KC
Private property versus public. The people own the police station.

Sent from my SGH-T989 using Tapatalk 2
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,170
Location
earth's crust
Going to file the complaints later today, and currently drafting a letter to the mayor with the help of my father. Going to send it to the former AG of Maine (family friend) as well as the current one, too.



Glad to hear it. Is OC allowed there?



Thanks, I will definitely try to speak with whomever is running the show during the meeting. If the prosecutor I spoke with and a few members of this forum come as well, it will make the case a lot stronger and will hopefully get the illegal ordnances removed faster.

As per the notice of trespass, is this something I would file at city hall?
As with all service to towns, the town clerk accepts legal service. You can provide a courtesy copy to the PD.
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
I know that businesses are allowed to refuse business to anyone and ask them to leave, and have done so for OCers. Why is it that the PD is not allowed to do this for the station?
Preemption forbids municipalities, towns, burroughs etc from enacting stricter gun laws than the State of Maine. Therefore, towns and their subdivisions may not restrict carry.

Sent from my SCH-R720 using Tapatalk 2
 

Marcus92183

Regular Member
Joined
Oct 30, 2012
Messages
68
Location
saco, Maine, United States
portland (police state central)

I've gone to 3 City Hall meetings to try and get that ordinance removed. That ordinance is in violation of Maine's Preemption law. The charge will never stick. The City of Portland CANNOT enforce that ordinance. You have a great opportunity for suit here.
he is right you have a possible harassment/rights violation suit here
 

MainelyGlock

Regular Member
Joined
Feb 19, 2012
Messages
615
Location
Portland, ME
Any updates?
Sorry for being so late to give an update. Work and school full time is keeping me very busy!

The case was dismissed the next day, and I asked for written confirmation from the PPD attorney stating that it was, and stating why it was dismissed.

Unfortunately, my schedule did not allow me to attend the city council meeting where I was told the illegal city ordnances around firearms would be on the agenda.

Because I am pursuing a career in law enforcement, I decided against filing for any type of lawsuit. Though working there is not a part of my "life plan", a lawsuit with the PPD could certainly have a negative impact should I ever find myself employed with them.

Luckily, I've had zero problems OC'ing since. Even with PPD. Just tonight, I was behind a K-9 officer in line getting coffee, and there was no fuss, or even acknowledgment. Just the way I like it.

Thanks again everyone for your input, and stay safe!
 
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