Pixiq

James Duane is my own personal HayZeus Christ.

Another good resource is the OpenCarry.org peoples' "Wash, Rinse, Repeat" article. An excerpt follows:

The only sure way to protect your rights is to ask the officer one simple question.

"Am I being detained?"

Many officers will not answer or even say no. Which is fine. If that happens simply calmly walk away. If they stop you from leaving which most likely they will then you are automatically considered detained anyways. Once they start firing every question under the sun you make one statement.

"If you want to ask me questions you will need to speak with my lawyer."

They will not like this. Most likely they will get angry and try everything under the sun to get you to give up your rights and sing like a canary. Please believe me when I say it's not a good thing to try and "school, train, teach,etc" the officer on Michigan Laws. Even a casual conversation is not advised. Simply DO NOT SAY ANYTHING MORE. You didn't break the law by shutting up. The moment you start talking is the point at which you've opened the door for further violations of your rights. The average person says way too much especially when their nervous. Believe me I know I do.

Source: http://firearmowners.com/index.php/legal-center/protecting-your-rights/w...

After this incident, I watched that video. I've learned my lesson about it. I've changed how I deal with them now.

Well now now give him a chance to answer first. JL has on occasion sided against the police here on the forums. It's rare but it does happen. I was very impressed with what he wrote recently on the Suffolk County police incident.

From similar stories and incidents I think I know which way the wind will blow but we'll just have to wait and see.

Thats right Jdl You tell them. I have to make sacrifces to .I live next door to a cop and my property value has decreased because of it.

I don't typically cast anyone in any way. So I'm not going to lump all cops together based on my experiences with the cops of Hopkinsville, KY. I'm a free thinker and open minded, personally, about it.

That said, I never call them when I'm in trouble, or need help. I try to keep them out of my life at all times.

The only interactions I DO have with them are negative. Again, this is only with the cops in this particular down; they could be better elsewhere, for all I know.

As far as predicting the behavior of a cop in response to this? Oh, golly. Everywhere I've worked, people were friends with others at the same establishment; friends, on a team. With cops, I'm sure it's the same way, and probably amplified. I have no doubt a cop would stick up for what these guys did. It seems natural, as far as how I know humans to behave, for them to do so.

I'll field these statements though, just to shut them down:

.All the facts aren't here, because I was not allowed to make video of the incident with my phone. They acted as though video were a threat, and told me I couldn't use my phone at all during the encounter. Not to take video, make notes, nothing.

.The first cop that came out searched me. The pat down, basically cup your balls kind of search that covers everything. They were four, and I was one. They had guns, tasers, and other weapons on them. God knows what was in their cars. They had me surrounded. I was standing on the side walk directly in front of the city police station, where I assume a lot of other cops were watching the incident. We were all standing under a bright street light, and were a block away from the jail, the Sheriff's office, and lots of other law enforcement buildings. The only thing I had at the time was my camera on a tripod, which they made me stand away from. If they were afraid, that's just stupid. End of story.

.I wasn't obnoxious. I did ask directly, if I were being detained. The first cop found that confrontational, and then the others showed up and held me for an hour.

.If cops want citizens to appreciate them, they should act in a professional manner, be respectful to citizens (you get what you give, sorry!), use critical thinking and basic observational skills (...is a lone man with a camera a threat to an entire police force? Really?), etc.

It doesn't take much for a person to get me to be nice to them, and even give them some respect. But if you treat me like I'm not human, or below you, like these guys did on that night? Well, then I'm just not gonna play ball anymore, or care.

they got a ticket 10 yrs ago and now they hate cops

"The claim and exercise of a constitutional right cannot be converted into a crime.· - Miller v. U.S., 230 F 2d 486, 489.

The answer is found in ARTICLE SIX of the U.S. Constitution:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;..shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding". (This tells us that the U.S. Constitution is to be upheld over any state, county, or city Iaws that are in opposition to it.)

But the court has a thing called Latches if you dont responde to the accusastion in a timely manner they get to tell you what it means..

In the same Article it goes on to say just who it is within our governments that is bound by this Supreme Law:

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;". - ART. 6 U.S. CONST.

We know that Police officers, are a part of the Executive branch. We are "Executive Officers".

Article 6 above, is called the SUPREMACY CLAUSE, and it clearly states that, under every circumstance, the above listed officials in these United States must hold this documents tenets supreme over any other laws, regulations, or orders. Every U.S. Police officer knows that they have sworn a oath to the people of our nation that we will not only protect their lives and property, but, that we will uphold, and protect their freedoms and rights under the Supreme laws of this nation, - the U. S. Constitution.

An area of serious consideration for every police officer, is to understand that the most important law in our land he has taken an oath to protect, defend, AND ENFORCE, is not state laws, nor city or county ordinances, but, that law that supersede all other laws in our nation, - the U.S. Constitution. If laws in a particular police officer's state, or local community are in conflict with the SUPREME LAW of our nation, there Is no question that the officer's duty is to "uphold the U.S. Constitution."

Thank you for this. I'm going to put together a law folio to keep on hand. I appreciate any suggestions for additions to that folio.

Wrooooooooonnnnnnng.

Wrooooooooonnnnnnng.

"The claim and exercise of a constitutional right cannot be converted into a crime.· - Miller v. U.S., 230 F 2d 486, 489.

The answer is found in ARTICLE SIX of the U.S. Constitution:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;..shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding". (This tells us that the U.S. Constitution is to be upheld over any state, county, or city Iaws that are in opposition to it.)

In the same Article it goes on to say just who it is within our governments that is bound by this Supreme Law:

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;". - ART. 6 U.S. CONST.

We know that Police officers, are a part of the Executive branch. We are "Executive Officers".

Article 6 above, is called the SUPREMACY CLAUSE, and it clearly states that, under every circumstance, the above listed officials in these United States must hold this documents tenets supreme over any other laws, regulations, or orders. Every U.S. Police officer knows that they have sworn a oath to the people of our nation that we will not only protect their lives and property, but, that we will uphold, and protect their freedoms and rights under the Supreme laws of this nation, - the U. S. Constitution.

An area of serious consideration for every police officer, is to understand that the most important law in our land he has taken an oath to protect, defend, AND ENFORCE, is not state laws, nor city or county ordinances, but, that law that supersede all other laws in our nation, - the U.S. Constitution. If laws in a particular police officer's state, or local community are in conflict with the SUPREME LAW of our nation, there Is no question that the officer's duty is to "uphold the U.S. Constitution."

Kentucky seems to have no serious wire-tapping laws.

It appears that the wire-tapping law is written as 'single party consent,' so that kills the issue.

I am still looking into it, though, and will be diligent about figuring it all out before I start shooting video of the encounters. I appreciate the warning though!

I've learned my lesson.

I actually opened, at that incident, with "Am I being detained," and I'm pretty sure that's what caused me to be held for more than an hour. It pissed the cop off directly. It may have also been how I said it, or presentation.

But, that's going to be my policy from here on out. I'm going to use that.

However... "Am I free to go" and getting up and leaving submits to their power, I think.

I'm there to photograph a scene, whatever it is, and if I leave, I lose. If I leave, I've let them destroy my rights.

I'm not doing anything wrong when I shoot at night. The police station shot was actually in a series of shots that I've canceled because of the incident (I realize I'm giving in). I was shooting all the public buildings in the town at night, particularly in fog, to give them an ominous, cool look.

The irony is that these guys just don't get it, and can't comprehend the fact that the stuff I was doing was putting their buildings on a map, and in no negative light.

They don't understand that THEY created the problem.

But, yes, I'm keeping my mouth shut from where on out. I'm not going to leave a scene just because I'm being messed with though; I can't concede that.

I'm currently looking into how to do an FOIA request, and a local "open records" request, for more reasons than this.

I'm glad you've been having good experiences. Did you produce ID for the guy, in that case?