Federal lawsuit filed against Cleveland Heights Police [OH]

[jslack7851]

http://ohioccwforums.org/viewtopic.php?f=21&t=36887

http://www.youtube.com/watch?v=EQPoBxqas-M

this may be the case that changes America. Lets support Joe and hope for the best. Mountain Jack, you should be first. Joe wasn't arrested but violated in much the same way, except you have much more damages!

[t1m0thy]

FEDERAL lawsuit...nice. This is what we need to finally put the goons in their place and stop the harassment of law abiding citizens exercising their rights.

I threw up in my mouth when I heard the woman officer start in and babble her lies. "We know the law like you THINK you know the law." Ugh...

[nlcrsn]

Shame on the PD.

[Paintwerk]

I remember hearing about this months ago, Im glad to see that action is being taken.

[knight0334]

Originally Posted by jslack7851

http://ohioccwforums.org/viewtopic.php?f=21&t=36887

http://www.youtube.com/watch?v=EQPoBxqas-M

this may be the case that changes America. Lets support Joe and hope for the best. Mountain Jack, you should be first. Joe wasn't arrested but violated in much the same way, except you have much more damages!

He was stopped, held, questioned, searched, and compelled not to leave - he was arrested.

[ChrisF4i]

Originally Posted by knight0334

He was stopped, held, questioned, searched, and compelled not to leave - he was arrested.

No, he was being detained, wrongfully of course.

[fastfive0]

wow this was almost exactly what happened to me last summer at the wyoming valley mall except i was concealed and someone saw it while i was in ATT for an iphone lol. I should have sued the hell outta WB twp police also! I was frisked,searched and held for over 45 minutes in the middle of the att store! Hope this guy lays the smack down on them lol

[TheF00L]

http://www.gunslot.com/pictures/alam...-carry-lawsuit

This case was no where near as bad as the one you have linked and it was successfully won.

[leeam]

It'd be nice if NRA/GOA/ACLU would fund these rights violations cases.

[gnbrotz]

Originally Posted by ChrisF4i

No, he was being detained, wrongfully of course.

One need not be told "You are under arrest" to change a 'detainment' to an 'arrest'.

http://legal-dictionary.thefreedictionary.com/arrest

An investigatory stop that lasts too long turns into a de facto arrest that must comply with the warrant requirements of the Fourth Amendment. But no bright line exists for determining when an investigatory stop becomes a de facto arrest, as courts are reluctant to hamstring the flexibility and discretion of police officers by placing artificial time limitations on the fluid and dynamic nature of their investigations. Rather, the test is whether the detention is temporary and whether the police acted with reasonable dispatch to quickly confirm or dispel the suspicions that initially induced the investigative detention.

But here's the part that seals the deal for me (that it WAS an arrest):

An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.