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  #1  
Old 05-02-2012, 12:33 PM
PolymerMan PolymerMan is online now
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Lawsuit: Homeowner sues Police for false arrest, stepped out of home with a shotgun




Under Florida law, it is perfectly legal to open carry a weapon on your property. This man heard a noise outside his home and he believed it was a burglar. He grabbed his shotgun and went outside to investigate.

The police arrive and guess what? They arrest him for brandishing a weapon. Just stunning in my opinion how little these cops know the law. Both the county and the municipality investigated and made an arrest. The combined wisdom of two LE departments?

Needless to say, the charges were dropped by the Judge. He has now filed a law suit under the stand your ground law because it entitles a person using a gun for self defense to sue for damages if he is charged when reasonably using a weapon for self defense.

BTW, this is a local story which is why I was rather stunned when I heard about this case on the radio. The radio station is the only media outlet that has reported this.


There is a home video surveillance video in the link.
http://www.610wiod.com/cc-common/new...ticle=10095842
Quote:
Local Law Enforcement Listed in Stand Your Ground Style Lawsuit
Dr. Laurinus Pierre is suing the Miramar Police Department and the Broward Sheriff's Office after he was arrested for carrying a shotgun outside his home.
See, this is what I've said before, even with SYG law in your favor and all the facts in your favor, you are still at the mercy of the local police and prosecutors when it comes to respecting your rights in these situations. If this happened in another town with a gun friendly police department, no arrest would have occurred.

The cops need to be sued and they need to be sued big time until they learn that homeowners can walk around all day long on their properties with a openly displayed weapon. They may not like it... but it's the law.
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  #2  
Old 05-02-2012, 04:47 PM
Riverpigusmc Riverpigusmc is offline
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Yep. Sometimes it takes a hard slap to make some folks realize they have to follow the law when they enforce it.
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  #3  
Old 05-02-2012, 05:11 PM
MacSellers MacSellers is offline
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Awesome. Period.
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  #4  
Old 05-02-2012, 05:33 PM
tmattimore tmattimore is online now
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Police Department Policy
Law? Who cares we will figure it out later.
Budget? Nobody do that again because it will cost us money.
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  #5  
Old 05-02-2012, 05:39 PM
joedel joedel is offline
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Unless there is precedent or some kind of liquidated damages clause in the SYG law, other than attorney's fees and lost time at work etc. it will be difficult to calculate damages. The LEO's who made this obviously unlawful arrest should be disciplined and/or demoted and at the very least the Department should give all of its officers a mandatory refresher course on this area of law.
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  #6  
Old 05-02-2012, 06:07 PM
SRJim SRJim is offline
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Not even a good faith arrest can be made for that which is not illegal. That should stand on it's own and is grounds for a suit and charges.

The strangest part is they showed up 30-40 minutes later. So they made the arrest for something that is not illegal, without having even actually witnessed what is not illegal and likely what someone else said they saw, which wasn't illegal?

Either there's more to the story, or someone's going to get their hand smacked when the departments lose a lawsuit. I'm going with the hand smack.
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  #7  
Old 05-03-2012, 07:19 AM
garcia garcia is offline
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The police officers should be arrested and personally sued.
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  #8  
Old 05-03-2012, 07:40 AM
WalterGC WalterGC is offline
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Unless there's more to this than there appears to be, the cops' insurance carriers will quickly settle, to make this go away.
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  #9  
Old 05-04-2012, 07:09 AM
Bosco Rivera Bosco Rivera is online now
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Quote:
Originally Posted by WalterGC View Post
Unless there's more to this than there appears to be, the cops' insurance carriers will quickly settle, to make this go away.
You're probably right.

Quote:
Originally Posted by SRJim View Post
I'm going with the hand smack.
Smackity smack, now go get more coffee and donuts!
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  #10  
Old 05-04-2012, 07:41 AM
Dbltapster Dbltapster is offline
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They police / government should be sued over this. But if the department or Gov. is sued, it is OUR tax money that will pay! -- If the gov. officials are personally sued, that would be better.
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  #11  
Old 05-04-2012, 08:02 AM
FreeMan FreeMan is offline
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The Law Is Not On Our Side

Armed citizens are a threat to the kind of country those in power today are trying to create. I'm not sure the courts will be able to protect us. Especially given that there will be two Supreme Court Justices up for new appointments during the term of the next President. The one he appointed already has let us know how little she cares for our Constitution. Forget the fact that her Oath of Office required her to swear to uphold, protect and defend it.
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  #12  
Old 05-04-2012, 09:56 AM
CavCop CavCop is offline
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Quote:
Originally Posted by PolymerMan View Post
Under Florida law, it is perfectly legal to open carry a weapon on your property. This man heard a noise outside his home and he believed it was a burglar. He grabbed his shotgun and went outside to investigate.

The police arrive and guess what? They arrest him for brandishing a weapon. Just stunning in my opinion how little these cops know the law. Both the county and the municipality investigated and made an arrest. The combined wisdom of two LE departments?

Needless to say, the charges were dropped by the Judge. He has now filed a law suit under the stand your ground law because it entitles a person using a gun for self defense to sue for damages if he is charged when reasonably using a weapon for self defense.

BTW, this is a local story which is why I was rather stunned when I heard about this case on the radio. The radio station is the only media outlet that has reported this.


There is a home video surveillance video in the link.
http://www.610wiod.com/cc-common/new...ticle=10095842


See, this is what I've said before, even with SYG law in your favor and all the facts in your favor, you are still at the mercy of the local police and prosecutors when it comes to respecting your rights in these situations. If this happened in another town with a gun friendly police department, no arrest would have occurred.

The cops need to be sued and they need to be sued big time until they learn that homeowners can walk around all day long on their properties with a openly displayed weapon. They may not like it... but it's the law.


I will guess there is more to the story.

Who called the Police?

I dont know FL law, but many places have a breach of the peace type set up that alows for arrests. In Texas DOC (Disporderly Conduct) covers a lot of things.

Good faith could very well cover the arrest, as well as public safety.

Some that gripe the police should not have arrested, might be the same that would have blamed the police if they did nothing and the guy shot some kids outside later.

Did the guy only go outside to see if anyone was there with a shotgun? Did the guy say anything or do anything more that just have a shotgun in his hand?

I mean President Obama was quick to say a MA police office and PD acted stupidly in how they treated a black man who forced his way into his own home. Only to fiind out later that a neighbor called the police on a guy that broke into a home, and Gates treated the police like an ars when he could have just explained the situation and been done vs talking himself into an arrest. Turned out the white officer had a lot of black friends and was a strong supported of EO, where Gates was just an angry black man.

Could this doctor have acted in a way to cause the police to respond?

Can you stand in your front yard and point an unloaded weapon at vehicles that drive by and not expect the police to respond and take action? I mean its your front yard. How about be drunk in your underware in the front yard? Its your property.

Judges toss many good cases. I would hope a doctor could hire a good lawyer and beat the charges... Good luck to him with the law suit, it might just hurt SYG more than it helps.
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  #13  
Old 05-04-2012, 10:25 AM
CMC CMC is offline
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The case does not have anything to do with stand your ground.
It is perfectly legal to open carry in FL on your property and the video shows he was not pointing it to cars going down the road.
I have gone to my mailbox to get the mail with my 45, after I get back home from shooting many times, and I can open carry on my property all I want, legally.
Dont care about other states it happened in Florida and the law allows it here.
If the cops dont know the laws that is a problem and there should be consequences.
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Last edited by thearmedrebel; 05-04-2012 at 06:38 PM. Reason: fixed the double negative
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  #14  
Old 05-04-2012, 12:24 PM
PolymerMan PolymerMan is online now
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Quote:
Originally Posted by CMC View Post
The case does not have nothing to do with stand your ground.
It is perfectly legal to open carry in FL on your property and the video shows he was not pointing it to cars going down the road.
I have gone to my mailbox to get the mail with my 45, after I get back home from shooting many times, and I can open carry on my property all I want, legally.
Dont care about other states it happened in Florida and the law allows it here.
If the cops dont know the laws that is a problem and there should be consequences.
Yes it does. The law suit is proceeding under 776.032 "Immunity from criminal prosecution and civil action for justifiable use of force."

This is part of the code that was included in an assortment of legislation collectively called "Stand Your Ground" law. It prohibits law enforcement form arresting or charging a person for using deadly force to protect himself or his family from harm. It allows for a person who was falsely arrested to sue for damages such as the cost of attorney's fees for getting them off the charges.

http://www.leg.state.fl.us/statutes/.../0776.032.html
Quote:
776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection
Don't you just love Florida!

Anyhow, this clause may soon disappear from our law books if the anti-gunners have their way with the Zimmerman fiasco.
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  #15  
Old 05-04-2012, 12:46 PM
PolymerMan PolymerMan is online now
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Originally Posted by CavCop View Post
I will guess there is more to the story.

Who called the Police?

I dont know FL law, but many places have a breach of the peace type set up that alows for arrests. In Texas DOC (Disporderly Conduct) covers a lot of things.

Good faith could very well cover the arrest, as well as public safety.

Some that gripe the police should not have arrested, might be the same that would have blamed the police if they did nothing and the guy shot some kids outside later.

Did the guy only go outside to see if anyone was there with a shotgun? Did the guy say anything or do anything more that just have a shotgun in his hand?

I mean President Obama was quick to say a MA police office and PD acted stupidly in how they treated a black man who forced his way into his own home. Only to fiind out later that a neighbor called the police on a guy that broke into a home, and Gates treated the police like an ars when he could have just explained the situation and been done vs talking himself into an arrest. Turned out the white officer had a lot of black friends and was a strong supported of EO, where Gates was just an angry black man.

Could this doctor have acted in a way to cause the police to respond?

Can you stand in your front yard and point an unloaded weapon at vehicles that drive by and not expect the police to respond and take action? I mean its your front yard. How about be drunk in your underware in the front yard? Its your property.

Judges toss many good cases. I would hope a doctor could hire a good lawyer and beat the charges... Good luck to him with the law suit, it might just hurt SYG more than it helps.
Yeah... lots of good points there and we don't know all the details. Very little has been published about this case in particular. The media only likes to publish cases where the story fulfills their anti-gun agenda.

Anyhow, from what I can figure out, there may have been a call for service for a man with a gun type of deal made by a neighbor. I know the Miramar area well, I live about 6 miles away and I travel through there at least once a week, and that particular area has lots of small detached single family homes, relatively high density with the property parcels about 8 to an acre, about 5000 sq. foot lots. It's what we call the Caribbean community, where most are from the Caribbean Islands such as Haiti, Jamaica, Dominican Republic, Cuba and the Virgin Islands.

Anyhow, I assume that it would be impossible for someone to step outside his home in that area without passing cars, or neighbors walking pass not seeing him on his driveway or anywhere at his property with a shotgun. My presumption is that one of the neighbors saw him and reported it.

If the police were called by a neighbor then clearly they should not have made an arrest if they could determine that he was the property owner unless they had a neighbor willing to testify that the man pointed a gun at them. It is legal to stand on your lawn, with an open firearm... shotgun, rifle, handgun in your hand or slung across your shoulder all day long. The cops will likely show up. No one is denying that it will bring the cops out. But legally there is nothing they can do unless that person steps off his property, i.e. onto the side walk which is very likely city owned public right of way or the property owner is threatening passerby's with the gun (which may have happened).

Apparently, the cops had no one to testify that the man pointed a shot gun at them, just that they saw a man with a shot gun walking around on his front lawn.

The police have a right to investigate, in fact a duty to investigate upon receiving a call for service but they should not have made an arrest once they heard his side of the story that he thought there was a break-in attempt.

My opinion is this guy was stupid for having an empty shot-gun. What good is that going to do? But a shot gun is actually a good choice in a high density neighborhood like that since it would minimize stray bullets flying into people's homes in the event of a real criminal out there.
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  #16  
Old 05-05-2012, 10:14 AM
CavCop CavCop is offline
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Looks like the Doctor was outside with his shotgun when kids were playing in the area and few home owners called police as he flagged/pointed the barrel at a few people outside and made some comments. Neighbors called police, filed a report, and the Doctor was questioned and felt burden of proof was on the police and he had nothing to say, so they arrested based on the neighbors 911 calls and statements.

I guess yelling and having an unloaded gun pointed at kids should be seen as o.k. by neighbors. Cant say I blame the neighbors for calling 911. Doctor should have done the same and called 911, as his unloaded shotgun could have got him killed.

Intresting law suit;

Quote:
Because of the arrest, Pierre said his blood pressure and blood sugar spiked and he had to be taken to Broward General Medical Center for care.
Additionally, because of the arrest and subsequent court proceedings, Pierre said it slowed down his partnership with the University of Miami and its medical students and his business.

His neighbors dont seem to support him;

Quote:
While Miramar police and the sheriff’s office have not commented because of the lawsuit, neighbor Dee Grant was skeptical.
“This is ridiculous. He’s suing and he’s the one going around with a gun,” said Dee Grant. “On what grounds is he suing and for what?”
“I don’t think he should have done that. There are a lot of kids in this area. He should have called the police, the police respond very quickly,” said Grant. “This should have never happened. There was a complete breakdown of the system.”
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  #17  
Old 05-05-2012, 10:50 AM
PolymerMan PolymerMan is online now
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Quote:
Originally Posted by CavCop View Post
Looks like the Doctor was outside with his shotgun when kids were playing in the area and few home owners called police as he flagged/pointed the barrel at a few people outside and made some comments. Neighbors called police, filed a report, and the Doctor was questioned and felt burden of proof was on the police and he had nothing to say, so they arrested based on the neighbors 911 calls and statements.

I guess yelling and having an unloaded gun pointed at kids should be seen as o.k. by neighbors. Cant say I blame the neighbors for calling 911. Doctor should have done the same and called 911, as his unloaded shotgun could have got him killed.

Intresting law suit;




His neighbors dont seem to support him;
The home security surveillance video does not show him waving around a gun or threatening anyone, nor is there a signed complaint by any neighbor.

Secondly, the neighbor, Dee Grant isn't familiar with Florida gun law. As long as the good doctor stayed on his property it was legal for him to "go around with a gun".

There isn't a shred of evidence he pointed a gun at any child. That is why the charges were dropped.

Like I said before, certainly the cops have a duty to respond to a call for service and investigate, but when they are given the facts, they should just walk away. They didn't need to make an arrest in this case. Dr. Pierre said that the police simply arrested him without a comprehensive investigation. Then once in jail, they returned with a search warrant and ransacked the house.

That law suit is warranted.

Look, obviously you are a cop, and you know that even if it's legal to open carry a gun on private property, neigbors will see that and call the cops with one of those 911 calls... "man with a gun". The cops are obligated to show up and investigate. However, it is not illegal and it does not warrant an arrest.

But most cops have an aditude because they get their adrenaline up, they will respond with guns drawn, and after all the hoopla and excitment, they want to make an arrest for all the trouble that was caused. Sure, you might consider that stupid of Dr. Pierre to openly display a shotgun on his front lawn, but it was "LEGAL" for him to do so. The arrest was result of the police department's anti-gun policy and as means to punish the good doctor for bringing them out by his action.

In my case, I am very careful not to be out on my property visibly even with a pellet gun and I have a little bit of acreage (1 1/2 acres and a about 1000 feet of 6 foot fence high, board on board fence surrounding my back yard. I like to target shoot with my pellet gun and I will wrap orange electrical tape on my pellet gun so they can easily be identified as a "toy" even though they shoot lead pellets. BTW, it's legal to discharge your firearm in a safe manner in your backyard here in Florida, provided that the bullet never leaves your property line. Sure it will bring out the cops, and they may cite you for a noise ordinance violation, but the safe discharge is legal.

These cops need to educate themselves in the law and be able to apply that information to each specific case they investigate.
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Old 05-05-2012, 11:05 AM
CavCop CavCop is offline
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Originally Posted by PolymerMan View Post
The home security surveillance video does not show him waving around a gun or threatening anyone, nor is there a signed complaint by any neighbor.

Secondly, the neighbor, Dee Grant isn't familiar with Florida gun law. As long as the good doctor stayed on his property it was legal for him to "go around with a gun".

There isn't a shred of evidence he pointed a gun at any child. That is why the charges were dropped.

Like I said before, certainly the cops have a duty to respond to a call for service and investigate, but when they are given the facts, they should just walk away. They didn't need to make an arrest in this case. Dr. Pierre said that the police simply arrested him without a comprehensive investigation. Then once in jail, they returned with a search warrant and ransacked the house.

That law suit is warranted.

Look, obviously you are a cop, and you know that even if it's legal to open carry a gun on private property, neigbors will see that and call the cops with one of those 911 calls... "man with a gun". The cops are obligated to show up and investigate. However, it is not illegal and it does not warrant an arrest.

But most cops have an aditude because they get their adrenaline up, they will respond with guns drawn, and after all the hoopla and excitment, they want to make an arrest for all the trouble that was caused. Sure, you might consider that stupid of Dr. Pierre to openly display a shotgun on his front lawn, but it was "LEGAL" for him to do so. The arrest was result of the police department's anti-gun policy and as means to punish the good doctor for bringing them out by his action.

In my case, I am very careful not to be out on my property visibly even with a pellet gun and I have a little bit of acreage (1 1/2 acres and a about 1000 feet of 6 foot fence high, board on board fence surrounding my back yard. I like to target shoot with my pellet gun and I will wrap orange electrical tape on my pellet gun so they can easily be identified as a "toy" even though they shoot lead pellets. BTW, it's legal to discharge your firearm in a safe manner in your backyard here in Florida, provided that the bullet never leaves your property line. Sure it will bring out the cops, and they may cite you for a noise ordinance violation, but the safe discharge is legal.

These cops need to educate themselves in the law and be able to apply that information to each specific case they investigate.
I know that every state, county, city has what they will and wont accept. Some things are a coin toss for action.

You seem to say that the Police and Dee dont know FL law. I am guessing you do?

Quote:
Improper exhibition of a firearm and or improper display of a weapon are crimes governed by Florida Statute 790.10. This statute is officially titled as "improper exhibition of dangerous weapons or firearms", and the statute states that "if any person having or carrying any . . . weapon shall, in the presence of one or more (other) persons, exhibit the same in a rude, careless, angry or threatening manner, not in necessary self defense, the person so offending shall be guilty of a misdemeanor of the first degree".
Majority of the time, people beat arrests. That does not mean that the arrest was bad, it just means that the system is lax. No law suits.

While people think they have set rights on private property, being naked on your front lawn, playing a 1000W stereo in your front yard, being drunk in your front yard, and having a weapon in your front yard, can all lead to Police action being taken.

When this was posted at face value it seemed odd about the arrest and law suit, with limited facts.

I now understand both sides. I dont support the Doctors law suit based on many things now.
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Old 05-05-2012, 12:06 PM
hatidua hatidua is offline
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I don't live in this guys neighborhood but I bet half of his neighbors are originally from the Northeast where guns are typically seen in a very unfriendly light. When I lived in Florida, more than half of the people down there had Brooklyn accents and were scared to death of "real" guns (I think squirt guns are still somewhat a grey area for folks from NY).
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Old 05-05-2012, 12:11 PM
DivePanama DivePanama is online now
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Quote:
Originally Posted by hatidua View Post
I don't live in this guys neighborhood but I bet half of his neighbors are originally from the Northeast where guns are typically seen in a very unfriendly light. When I lived in Florida, more than half of the people down there had Brooklyn accents and were scared to death of "real" guns (I think squirt guns are still somewhat a grey area for folks from NY).
Agreed. I have family that have a winter home in Florida and they say the same thing. Many Noreasters flock to Florida and because of their conditioning are either outright anti-gun or very nervous when they see a firearm.

Personally I hope the doctor wins this suit because so far from what I have read the police went way overboard on this one.

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  #21  
Old 05-05-2012, 12:16 PM
PolymerMan PolymerMan is online now
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Quote:
Originally Posted by CavCop View Post
I know that every state, county, city has what they will and wont accept. Some things are a coin toss for action.

You seem to say that the Police and Dee dont know FL law. I am guessing you do?



Majority of the time, people beat arrests. That does not mean that the arrest was bad, it just means that the system is lax. No law suits.

While people think they have set rights on private property, being naked on your front lawn, playing a 1000W stereo in your front yard, being drunk in your front yard, and having a weapon in your front yard, can all lead to Police action being taken.

When this was posted at face value it seemed odd about the arrest and law suit, with limited facts.

I now understand both sides. I dont support the Doctors law suit based on many things now.
See... that is because you are a cop, and you believe it's okay to arrest someone falsely as means of "extra-judicial" or "extra-legal" punishment... so as to put a chill in such further conduct. I literally have heard cops state this under deposition that their discretion pretty much lets them do so even if they know well that there isn't a ghost of a chance the charges will stick. Hence why most civil actions under title 17 section 1983 specify a wrong done while "acting under the color of the law". I'm sure you know that phrase well.

You cannot make an arrest no matter how badly you want if you know the action was legal by the subject of interest in the investigation. If there is any doubt, leave and come back with an arrest warrant after consulting with the state's attorney. Citizen's have the right to be free from false arrests. These arrest can cost people lots of money, a record, loss of work and those problems can cascade into a serious life event.

Yes in most cases, you can make an arrest and the defendant can beat the charges and there is no cause of action for a civil law suit to recover attorney's fees incurred in the criminal charge, especially when the police act in good faith. But the clincher is acted in "good faith". Most lawyers are hesitant to file false arrest charges with a contingency. They want their time hourly paid with a retainer.

Cops get away with false arrests all the time because the rights of the defendants to sue for attorney's fees aren't necessarily coded in the statutes that they have a right to go after the government for a prosecution that fails.

That is where Florida's SYG law differs. It statutorily grants the citizen the cause of action to bring a civil complaint merely for a failed charged; even if the arrest was in good faith. They need not even present any evidence of bad faith like that in a title 17 section 1983 action.

In Florida a person has the right to exercise his 2nd Amendment right in the defense of his home or person. This is expressed both in the statutes and in the state constitution. Local governments are prohibited from passing any ordinance or exercising any UNDOCUMENTED POLICY to interfere with these statutory rights or State Constitution, or US Constitutional rights. The state Constitution grants Florida residents the right to bear arms.

From the Florida Constitution:

http://www.leg.state.fl.us/Statutes/...N=82110908#A11
Quote:
SECTION 8. Right to bear arms.—
(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.
Neither the cops nor the neighbor, Dee, know the law concerning Dr. Pierre's right to bear arms.

The law suit is warranted. The man clearly stated it was done in self defense AND THE COURT AGREED!

There was no one in his immediate presence other than the people in his home and the court clearly agreed that the charges were completely unjustified. The charges were dropped promptly without any testimony, deposition or trial. Yet this man endured a day and a half in jail and had his home ransacked.

That disqualifies the police from making an arrest under FS 790.10
Quote:
790.10 Improper exhibition of dangerous weapons or firearms.—If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Don't you just love Florida? C'mon say YES!

Edit:

That section of the law 790.10 would be appropriate if a gun was brandished in a threatening manner not for self defense: For example you have a dispute with an auto mechanic, you want your car back, he won't release it until the bill is paid in full. You lift your shirt tail to show a concealed weapon, insinuating that that you will take you car back forcefully. You need not even point the gun at the mechanic, just merely showing the gun is enough. That is what that statute is intended for. It is intended for a lesser charge or reduced count of aggravated assault. That is what a lawyer states in his web site is the intent of that law.

http://www.floridafirearmslaw.com/Im...rm-Weapon.html
Quote:
As a criminal lawyer who has handled quite a few gun and weapon related charges – I’d repeat that the statute is most often applied as a lesser and/or alternate charge to aggravated assault. Where improper exhibition stops and aggravated assault begins is often a question that Florida case law states -- only a jury can answer.

Last edited by PolymerMan; 05-05-2012 at 12:28 PM. Reason: Add a little more rant!
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  #22  
Old 05-05-2012, 12:31 PM
PolymerMan PolymerMan is online now
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Quote:
Originally Posted by hatidua View Post
I don't live in this guys neighborhood but I bet half of his neighbors are originally from the Northeast where guns are typically seen in a very unfriendly light. When I lived in Florida, more than half of the people down there had Brooklyn accents and were scared to death of "real" guns (I think squirt guns are still somewhat a grey area for folks from NY).
That part of Miramar is populated by people from the Caribbean Islands... Haiti, Jamaica and the Bahamas predominantly. They too probably have very restricted gun rights in those Islands because many were under the control of the British commonwealth.
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  #23  
Old 05-05-2012, 12:56 PM
DivePanama DivePanama is online now
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@PolymerMan

I like your rants
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  #24  
Old 05-05-2012, 01:20 PM
Riverpigusmc Riverpigusmc is offline
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Originally Posted by DivePanama View Post
I like your rants
Me too. Especially when he's right. A lot of counties and cities here in Florida, and a lot of LEO's, are VERY upset that the ability to write and enforce firearm ordinances have been taken out of their hands by the state. They no longer can randomly write or enforce laws to suit their whims and desires. They can be fined or REMOVED FROM OFFICE (or sued and fired, in the case of cops) for doing so. The laws are clear. Everybody plays by the same rule book across the state, as it should have been all along. That's why there is a state constitution..and they can no longer violate citizens rights just because of their own personal views.
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Last edited by Riverpigusmc; 05-05-2012 at 01:23 PM.
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  #25  
Old 05-05-2012, 01:24 PM
Riverpigusmc Riverpigusmc is offline
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Quote:
Originally Posted by CavCop View Post
I know that every state, county, city has what they will and wont accept. Some things are a coin toss for action.You seem to say that the Police and Dee dont know FL law. I am guessing you do?



Majority of the time, people beat arrests. That does not mean that the arrest was bad, it just means that the system is lax. No law suits.

While people think they have set rights on private property, being naked on your front lawn, playing a 1000W stereo in your front yard, being drunk in your front yard, and having a weapon in your front yard, can all lead to Police action being taken.

When this was posted at face value it seemed odd about the arrest and law suit, with limited facts.

I now understand both sides. I dont support the Doctors law suit based on many things now.
Not here. Not anymore. You will go by what the state legislature passed, or there will be consequences
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