Ohio requires a CHL to notify an LEO "promptly" when stopped for law enforcement purposes. Failure to notify is a 1st degree misdemeanor with a maximum 180 days in jail and a $1000 fine.
The CHL's attorney posted this in the Ohioans For Concealed Carry Forums (OFCC Forums). OFCC has since posted the dashcam video corroborating the CHL's treatment. OFCC is using this, and other similar egregious incidents to seek legislative changes to the notification law.
This is posted by the CHL defendant's attorney:
I am representing someone in a failure to notify case. It is an ongoing legal case, so I dont want to post too much here right now. I watched the video today, and it verified an almost unbelievable story my client told me. To make this real brief - my client was stopped. Tried to notify, but was told by one officer to shut up. Another officer came to the driver's side door, and again my client tried to notify. You can hear him in the video say "I've got . . ." before he his cut off with a profanity laced tirade, and demand for his driver's license. My clent hands the officer his license, tries to notify again while holding his CHL in his hand. The officer says "What? What are you waving around that you want me to see?" He takes it, looks at it, while my client says "I'm trying to tell you . . ." The officer asks, "do you have a gun? My guy says "Yes" and then is pushed against his vehicle while the officer takes the gun from my client's waistband holster. The total time from the officer approaching the car door to being told he has a gun was 55 seconds.
It gets worse from there. The officer tells my guy that "I should blast you right in the mouth." "I'm close to caving in your head." "You are a stupid human being." "How would you like it if I pull mine and stick it to your head." When speaking to another officer, he says "I hate these {expletive deleted} with their {expletive deleted} permits." And, again, later tells my client "I should have taken 2 steps back, put 10 rounds in your {expletive deleted}, and left you lying there. I should have executed you, and I'd go home and sleep good tonight."
Internal affairs was notified. I am having a difficult time conveying the intensity involved. This was bad, really bad scene.
Sorry I can't say more right now. Be careful out there!!
Edit to add one more bit of information. My client was stopped in his motor vehicle at the time. He was in a no parking zone. This was not the result of a high speed chase or anything like that.
But WARNING: The video contains extremely coarse language.
The entire dashcam video is posted here on Youtube: " onclick="window.open(this.href);return false; But WARNING: The video contains extremely coarse language.
Yankees who have watched too many episodes of "The Sopranos"?
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Wed Jul 20, 2011 11:07 pm
by jimlongley
Massive civil rights violations, including a total lack of Miranda, and not one peep from the anti-TSA crowd.
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Wed Jul 20, 2011 11:28 pm
by MadMonkey
Woooooow
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Wed Jul 20, 2011 11:46 pm
by Texas Dan Mosby
Meh...
That vid could be used as an example of what NOT to do for both LEO's and CHL holders alike.
I don't have much sympathy for either party.
The LEO exhibited less than professional behavior, threatened to use unlawful force, and insinuated his partner would support him as a "witness". He's the guy that gives LEO's a bad name to those unwilling to accept the fact that most LEO's perform their duties lawfully and professionally.
The CHL holder had AMPLE time to notify BOTH officers and he FAILED. I'm not buying the "they wouldn't let me speak" excuse, nor am I buying the "...but officer, I wasn't picking up a prostitute" story either.
Fail all around.
While I would agree that the "prompt" notification requirement is indeed vague, you can't argue that the CHL in the video could have been more "prompt" with his notification.
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 12:30 am
by Blindref757
That's a bad cop...no two ways around it.
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 12:34 am
by GhostTX
Texas Dan Mosby wrote:Meh...
That vid could be used as an example of what NOT to do for both LEO's and CHL holders alike.
I don't have much sympathy for either party.
The LEO exhibited less than professional behavior, threatened to use unlawful force, and insinuated his partner would support him as a "witness". He's the guy that gives LEO's a bad name to those unwilling to accept the fact that most LEO's perform their duties lawfully and professionally.
The CHL holder had AMPLE time to notify BOTH officers and he FAILED. I'm not buying the "they wouldn't let me speak" excuse, nor am I buying the "...but officer, I wasn't picking up a prostitute" story either.
Fail all around.
While I would agree that the "prompt" notification requirement is indeed vague, you can't argue that the CHL in the video could have been more "prompt" with his notification.
CHL could have done better, but the officer is supposed to be in control of the situation. The fact the LEO didn't address the driver first thing, never properly secured the area and immediately accused the passenger and driver without any evidence to the contrary definitely puts him way in the wrong.
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 4:32 am
by speedsix
jimlongley wrote:Massive civil rights violations, including a total lack of Miranda, and not one peep from the anti-TSA crowd.
...not so...I peeped before you did...and this has nothing to do with TSA...give it a rest...it'd only been posted an hour and 4 minutes...
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 4:53 am
by speedsix
...it looks like the officers went white with fear, realizing how stupid they'd been and that they were searching a car, being rude to a man who turns out to have been armed...if it had been a BG...they could easily have been killed...and they overreacted and tried to make it seem his fault...instead of learning from their stupid, unprofessional actions and accepting it as a wake-up call...I wouldn't even wanna have these two working at 7-11...poor and poorer excuse for an LEO...had they been professional and done the right thing, the notification would have been given in a timely manner...
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 7:11 am
by E.Marquez
Yes, the LEO was a tool... No, most are not, yes the victim will be blamed by some, even some here. Much like some will blame a rape Vitim for what they wore, or a robbery victim for where they were.
With luck the victim will own a large part of that townships annual budget after court costs. With luck, those two officers will no longer be LEO's, will be convicted of one or more criminal offences and get to enjoy the company of other criminals for some amount of time in lockup.
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 7:20 am
by Jumping Frog
Texas Dan Mosby wrote:The CHL holder had AMPLE time to notify BOTH officers and he FAILED. I'm not buying the "they wouldn't let me speak" excuse, nor am I buying the "...but officer, I wasn't picking up a prostitute" story either.
The lawyer analyzing the video has three different attempts on his part to notify, and the LEO told him to "shut up" all three times.
I think the prostitute issue is a distraction, given the woman was sent away and there was nothing charged.
This is the third instance in the last year that I personally know of in Ohio where a CHL was told to "shut up" and was later charged with failure to notify. The same lawyer handled one of the other cases and won at trial when there was also recorded evidence that the LEO told the CHL to "shut up" and it took him 51 seconds to notify.
FWIW, the same statute that requires notification also has a paragraph requiring the CHL to follow "any lawful order of any law enforcement officer", which is also a 1st Degree Misdemeanor (Equiv to Class A). So running into the wrong LEO gives you the jackpot either way.
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 9:12 am
by flintknapper
Wow!
That guy (and probably his partner) need to go and get some TREATMENT of some type.
That's just bizarre...no matter the circumstance.
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 9:19 am
by kyreb
Lived in Ohio for 5 years. I am not anti- LEO at all but cops up there tend to be a different breed...especially the state troopers. I had one who lived a couple doors down from that refused to talk to me...even wave for that matter, despite the fact he would bring his kid by the house regularly to sell items to fund the little guy's various sports teams. (Which I did. The kid was a neat little guy).
Anyway, the Ohio cops fought the state's "new" CHL law with a vengence. They lobbied to disallow a CHL to carry unsecured in your own car. ( since repealed I believe). Your CHL was tied to the tags on your car and the cops would pull over CHLs regularly just to harass them. Needless to say, the wife and I did not bother to apply for a CHL while we lived there.
Oh, one more thing, in Ohio if you have an AR15 and a mag that holds over 30 rounds, state law classified your semi auto AR as an "illegal machine gun".
Ohio is definately not a gun friendly state unless said gun is a skeet shotgun, unloaded, locked up and completely inaccessable at all times.
God bless Texas ( and KY too).
Re: OH - LEO Notification goes BAD, really BAD.
Posted: Thu Jul 21, 2011 9:21 am
by speedsix
...that kind of behavior makes the news, like the fat pig punching a handcuffed suspect, and a lot of harm is done to the image of our law enforcement officers...it's hard to wear the badge and know that people like this are part of what society thinks we are...the greater majority of law enforcement pukes to see this kind of "representation"...hug a cop today, please...
