Rockland, Maine Police Encounter While Open Carrying.

[Joshua Wallace]

It was ten-thirty at night and I decided to go for a walk to ease some stomach issues I had been dealing with. As always, I strapped my handgun to my hip and proceeded to make my way down Rt. 1 Main Street. I had gone all the way to the end and turned around to head back when a Rockland Police Officer asked what I was up to and what I had on my hip. I replied “I am going for a walk, that’s my handgun, and I do not consent to any search or seizure of my persons or property.”
The officer at that time began to tell me how it was unusual to see a person open carrying and that they needed to check me out. I again told him I do not consent and asked if I was free to go on my way, at which time he told me to hold on a second. Two more officers arrived, one walking behind me and the other on my strong side. One of the two asked me if it was loaded. I replied yes, then he asked for ID. I again replied, “I do not consent.”
With that, they placed me in handcuffs and an officer reached into my pocket and took out my ID. I again told them they have no reason to detain me, to which the officer with my wallet replied, “We had complaints about a guy walking around with a gun.” I said, “In the state of Maine, it is totally legal to open carry.” The officer replied they also had reports it was concealed. I informed the officers I have my CCW and asked how anyone reported it if it was concealed?
This is the part that really gets me. After they illegally ran my ID, I asked for the title in which it gives a police officer the right to demand ID when there’s no probable cause to do so. He replied that he was not going to look it up and that if he sees a woman walking down the street, he can ask her for ID for no reason. At this point, I realized these police officers where not educated on how to do their job under the law, so I asked for business cards and or badge numbers at which time one officer said, “Screw you.” I proceeded to ask for a supervisor and one of the officers pointed to the officer who originally stopped me and told me good luck. From my blog http://joshuaswallace.blogspot.com

 

[Citizen]

Sounds pretty illegal to me. What are you going to do about it?

 

[scott58dh]

Lawyer Up

I .

 

[shanebelanger]

It was ten-thirty at night and I decided to go for a walk to ease some stomach issues I had been dealing with. As always, I strapped my handgun to my hip and proceeded to make my way down Rt. 1 Main Street. I had gone all the way to the end and turned around to head back when a Rockland Police Officer asked what I was up to and what I had on my hip. I replied “I am going for a walk, that’s my handgun, and I do not consent to any search or seizure of my persons or property.”
The officer at that time began to tell me how it was unusual to see a person open carrying and that they needed to check me out. I again told him I do not consent and asked if I was free to go on my way, at which time he told me to hold on a second. Two more officers arrived, one walking behind me and the other on my strong side. One of the two asked me if it was loaded. I replied yes, then he asked for ID. I again replied, “I do not consent.”
With that, they placed me in handcuffs and an officer reached into my pocket and took out my ID. I again told them they have no reason to detain me, to which the officer with my wallet replied, “We had complaints about a guy walking around with a gun.” I said, “In the state of Maine, it is totally legal to open carry.” The officer replied they also had reports it was concealed. I informed the officers I have my CCW and asked how anyone reported it if it was concealed?
This is the part that really gets me. After they illegally ran my ID, I asked for the title in which it gives a police officer the right to demand ID when there’s no probable cause to do so. He replied that he was not going to look it up and that if he sees a woman walking down the street, he can ask her for ID for no reason. At this point, I realized these police officers where not educated on how to do their job under the law, so I asked for business cards and or badge numbers at which time one officer said, “Screw you.” I proceeded to ask for a supervisor and one of the officers pointed to the officer who originally stopped me and told me good luck. From my blog http://joshuaswallace.blogspot.com

Email me: shane@gunownersofmaine.org and also, I hope you had a voice recorder running.

 

[JoeSparky]

I wasn't there but I do believe the LEO can ASK for almost anything he wants, Now as to DEMANDING same that would require at a minimum Reasonable articulable Suspicion or MORE to be justified. Don't know if the OP is relating a story of "officer asking" or "officer demanding while being polite"!

Suggest a request for all pertinent info from the local via any appropriate freedom of information statute may be applicable. And then determine what to do with the info or lack of info provided.

 

[Reasonable]

Read the terry doctrine. Seems legit.

 

[davidmcbeth]

I wasn't there but I do believe the LEO can ASK for almost anything he wants, Now as to DEMANDING same that would require at a minimum Reasonable articulable Suspicion or MORE to be justified. Don't know if the OP is relating a story of "officer asking" or "officer demanding while being polite"!

Suggest a request for all pertinent info from the local via any appropriate freedom of information statute may be applicable. And then determine what to do with the info or lack of info provided.

I have police/security folks ask me questions ALL the time ... I don't answer their questions. Recently, I was at a court house to attend an open meeting (http://www.sots.ct.gov/sots/lib/sot...jurycommunicationsreviewcommittee01-29-14.pdf)

I was asked to "sign in", asked my name, asked why I was there, to go through a metal detector, to leave my recording devices outside the bldg, a camcorder and voice recorder, etc...

Well under our FOIA laws (specifically http://www.ct.gov/foi/cwp/view.asp?a=4163&Q=489158) 1-225 (e) that states:
(e) No member of the public shall be required, as a condition to attendance at a meeting of any such body, to register the member’s name, or furnish other information, or complete a questionnaire or otherwise fulfill any condition precedent to the member’s attendance.

So, I refused and was not allowed to observe the meeting. Bummer. But I did file a complaint about not getting access. I'll see how that turns out.

So one can refuse to answer questions and one usually has recourse. Under my state's FOIA Act, this can include criminal penalties and civil penalties.

 

[FreeInAZ]

@ David - there in lies the problem. When those who are violating the law they swore to uphold & then are left to their own devices to determine if they did something wrong, the outcome is almost always "we did nothing wrong.." Go figure?

The entire system- "injustice" aka justice - has been so perverted, that I doubt it can be reformed at this point.

 

[SP101]

...and here I was thinking of coming to Maine again, for my vacation next year. I hope you actually pursue legal action against this department. I will be following this thread and possibly making some phone calls to Maine in regards to this incident, and letting all my friends who frequent Maine, know how gun owners are treated in the state.

 

[KBCraig]

I asked for the title in which it gives a police officer the right to demand ID when there’s no probable cause to do so. He replied that he was not going to look it up and that if he sees a woman walking down the street, he can ask her for ID for no reason.

He can ask her for a sexual favor, too. But handcuffing her and taking it when she refuses consent is something altogether different, isn't it?

 

[MurrayRothbard]

Guys, everyone just needs to calm down...the police are just doing their jobs...keeping the streets safe from riffraff...bow down and kiss the shield. :banghead:

Sorry to hear what happened OP