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by WildBill
Fri Mar 18, 2016 6:00 pm
Forum: LEO Contacts & Bloopers
Topic: Disarmed by uninformed officer
Replies: 130
Views: 36350

Re: Disarmed by uninformed officer

Soccerdad1995 wrote:
WildBill wrote:
C-dub wrote:
C-dub wrote:My question wasn't about whether he was right or wrong since it is clear that he was wrong. I'm curious about his method of disarmament. Were he not a LEO what he did would clearly be an assault. It would be if someone attempted to disarm a LEO like that and likely result in their death. My question is, due to his ignorance, is he given a free pass on the "assault" because of being a LEO? And at what point does that free pass no longer apply?
I'm still curious about the way he disarmed the OP. Unless I missed it, I don't think anyone has offered up a yay or nay on this. If I did miss it, I do apologize.
The off-duty LEO/security guard grabbed the pistol from the OP's holster.
And I believe there is a clear consensus that this was very wrong and very stupid on the part of the LEO. As to whether the actions may possibly have been criminal, I think that may be a moot point given that the OP does not appear interested in filing a criminal complaint over this incident.

If / when this happens to someone other than the OP, the result might be much worse for all involved. I believe that is why there is such a strong call for a substantive response from the Sheriff.
I was responding to C-dub's post. It is the OP's choice whether to pursue an assault charge, which he decided not to do. I agree with the way he is handling the incident. :thumbs2:
P.S. I think that it would be a stretch that the DA would file assault charges.
by WildBill
Fri Mar 18, 2016 5:07 pm
Forum: LEO Contacts & Bloopers
Topic: Disarmed by uninformed officer
Replies: 130
Views: 36350

Re: Disarmed by uninformed officer

C-dub wrote:
C-dub wrote:My question wasn't about whether he was right or wrong since it is clear that he was wrong. I'm curious about his method of disarmament. Were he not a LEO what he did would clearly be an assault. It would be if someone attempted to disarm a LEO like that and likely result in their death. My question is, due to his ignorance, is he given a free pass on the "assault" because of being a LEO? And at what point does that free pass no longer apply?
I'm still curious about the way he disarmed the OP. Unless I missed it, I don't think anyone has offered up a yay or nay on this. If I did miss it, I do apologize.
The off-duty LEO/security guard grabbed the pistol from the OP's holster. I would say that this was an assault, since his contact with the OP was not welcome and he considered it "offensive".
Walked into the store (I have OC'd there before) and I see the Sheriffs deputy who is working the store come from behind the counter and was clearly headed my direction. I was expecting him to come over and ask for my CHL/LTC. He walked up beside me and without saying a word, reached out with both hands and started removing my M&P from it's holster. I moved my arm out of his way, but stated "what are you doing?"
Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
by WildBill
Mon Mar 14, 2016 11:01 am
Forum: LEO Contacts & Bloopers
Topic: Disarmed by uninformed officer
Replies: 130
Views: 36350

Re: Disarmed by uninformed officer

I think the sheriff's response was all that could be expected from him.
He acknowledged that the deputy needed training and would get it.
It would not be proper to admit any wrongdoing or to discuss personnel or disciplinary matters in an email to someone outside the department.
My view is that the bigger mistake is the method that the deputy used to disarm the OP.
by WildBill
Sun Mar 13, 2016 10:57 am
Forum: LEO Contacts & Bloopers
Topic: Disarmed by uninformed officer
Replies: 130
Views: 36350

Re: Disarmed by uninformed officer

Abraham wrote:What would be the repercussions for all for such an arrest?

Someone mentioned earlier about ignorance of the law applying to civilians, so what about such regarding wrongful arrests by LEO's?
Probably the DA would decide not to prosecute.
The OP would be let out of jail and every one would go home.
It is very rare for anything to happen to an LEO for making an arrest like this.
by WildBill
Sat Mar 12, 2016 3:54 pm
Forum: LEO Contacts & Bloopers
Topic: Disarmed by uninformed officer
Replies: 130
Views: 36350

Re: Disarmed by uninformed officer

Lucky for both parties that there were no injuries. :thumbs2:

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