Arrested by the Philadelphia Police for Open Carry

[ChamberedRound]

So I stopped into the local hoagie shop to get lunch today. One of their delivery guys came in from a run.

"Hey, aren't you that guy that was on the cover of the Daily News?"
"Oh, you recognized me from the picture, huh?"
"Yeah! It was hilarious how you recorded the whole thing."
"It's not funny when a cop points a gun at you."

His facial expression went from to (o.o) in exactly no time flat.

Good, glad you set him straight. It's painfully idiotic that people think this is some kind of joke.

[Azzy]

I wonder if the combo of wireless (wifi) SD cards and audio recorders would work for most people? there are card s out there that auto-upload photos to facebook and such, who not the same for audio and video?

[mrjam2jab]

So I stopped into the local hoagie shop to get lunch today. One of their delivery guys came in from a run.

"Hey, aren't you that guy that was on the cover of the Daily News?"
"Oh, you recognized me from the picture, huh?"
"Yeah! It was hilarious how you recorded the whole thing."
"It's not funny when a cop points a gun at you."

His facial expression went from to (o.o) in exactly no time flat.

I'm "waiting" for somebody to come up with "what, you think you're that guy from the Daily News?" as we're out and about.

[MostlyHarmless]

I wonder if the combo of wireless (wifi) SD cards and audio recorders would work for most people? there are card s out there that auto-upload photos to facebook and such, who not the same for audio and video?

The Eye-Fi cards only upload when they are idle (after a little timeout). So they are not going to stream while recording. They also seem to ignore audio files. I did an audio recording with my camera and it doesn't upload to my laptop. Images and videos do.


Jan

[son of the revolution]

I just published this over on my blog

http://www.thateverymanbearmed.com/2...trum-over.html


The letters section of several local papers, the phone lines of local talk radio call in shows and the threads of many internet forums, some of them LEO centric ones all have one thing in common over the last two weeks.

LOTS of active and former cops, from various jurisdictions. many of them from the " City of Brotherly Love" itself all crying foul over the fact that a citizen, Mark Fiorino, caught them red handed on audio tape acting like the very street thugs they're supposed to be policing.

Its an incessant drum beat of whining, inspite of the fact that Mr Fiorino has publicly stated on every single occasion he was categorically NOT, trying to " set up " ANYONE. I'd like to ask all the conspiracy theorists a few questions.

Whats the first thing a suspected criminal says when accused or questioned about a crime ? It was a set up !

Why is it that when Law Enforcement records someone doing something they shouldnt in order to make a case its called evidence and good police work, but when a citizen records the police doing things they shouldnt be doing in order to expose their abuse of power and ignorance of the law its automatically a set up ?

Double standard anyone ????

Even IF Mr Fiorino had set out to indeed "set up " the police, which I have NO reason to believe is in fact the case, but rather a piss poor and transparent attempt to poison any potential jury pool, I'll ask SO WHAT ?!!?!?

Turnabout is certainly fair play, if the cops can legally set up alleged criminals to make an arrest and take away someones freedom, then the citizens who are ultimately the ones in charge in our form of Govt certainly have every right to set up alleged bad cops and catch them .

The only LEO's who have a problem with being recorded or videoed by members of the public and react the way these officers in Philly did when they found out is those officers that know they're doing something wrong and dont want a record of their misdeeds. Remember just a year or two ago when a Narcotics Squad of Philly Officers were caught on tape by the owner of a bodega shaking him down on a regular basis, helping themselves to merchandise and attempting to destroy the evidence ??

How many incidents like Mr Fiorino's, or the shop owners go on every day that we the people never even know about because the victims of the rogue cops either didn't record the event, had the evidence destroyed or confiscated by the cops or were so scared of further retribution that they never came forward ???

Why is it that the standard line to citizens from Cops, Prosecutors and Judges is always, " ignorance of the law is no excuse " but that doesnt apply at all to the very people who have sworn an oath to uphold those same laws ?

Again, double standard anyone ?

Here's the excuse for the abominable behavior of these pathetic excuses for Police Officers from the Official PD Spokesperson

"It was a setup. He's done this kind of thing before," said Evers, the police spokesman, referring to Fiorino's encounters with authorities. "He did it intentionally, and he audiotaped it."

Really ???? Did Mr Fiorino check with the District ahead of time to determine Sgt Dougherty's patrol route ? Cause that would be critical to succesfully setting him up. The odds of walking several blocks in public at any given time of day and even seeing a passing squad car are about the same as Rosie O' Donnel becoming a card carrying member of the NRA.

Spokesman Evers studiously ignores the inconvenient FACT that its documented that Mr Fiorino did indeed have previous run in's on other occasions with other equally ignorant Philly Cops, including the unlawful seizure of his firearm on at least one occasion.

Which leads me to my next question for the " set up " crowd. Exactly how many times should someone have to deal with being harassed for LEGAL behavior before they become proactive in defending themselves by using technology to ensure the inevitable next interaction is documented in full ? Its no big secret that, whether on the street or in a courtroom, when its a citizens word against a cop's, with no other supporting evidence, the cop is going to win every single time.

Frankly, DA Seth Williams should be brought up on charges for Prosecutorial Misconduct for his actions in approving charging Mr Fiorino as he has. Its crystal clear this is strictly retaliatory in nature and has NOTHING to do with "justice" and everything to do with using the awesome power of the Govt to both punish Mr Fiorino for daring to expose the officers involved and as a warning to any other citizens that dare stand up to abuse at the hands of the police that they will be punished as well.

Then Williams and the hierarchy of the PD have the audacity to complain about the street creedo of " snitches get stitches " and complain about the fact that citizens generally refuse to come forward when they witness something. Well no kidding Seth !!! Why should citizens have any respect or desire to help the police when they hear about this kind of behavior ?

Here's a news flash for Commissioner Ramsey and Seth Williams, you want people to respect your Dept ? Then do something to EARN IT ! A great start would be publicly admitting that the officers involved were so far outside any standards of professionalism that they are going to lose their jobs at the least, if not being charged themselves. You could also publicly acknowledge that the Uniform Firearms Act DOES in fact apply to Philadelphia, just like it does the rest of the State, instead of perpetuating even more illegal behavior by agents of the Govt by continuing to enact and attempting to enforce special firearms laws in Philly that are illegal just by their very existence on paper.

During a radio interview a couple days ago , Commissioner Ramsey publicly stated that the policy of stopping Open Carriers and demanding proof of licensure to do so ( required in Philly) would continue without question. His explanation being that officers have no way to know the person in question does in fact have a valid LTCF. But his justification is devoid of any logic. How would an officer know that ANY of the hundreds, if not thousands of people he passes on the street in one day are licensed and carrying concealed ?

If the concern truly is about " officer safety", then following Ramsey's "logic" would mean that EVERY Citizen would need to be stopped, searched and show their papers to ensure they're not carrying a concealed firearm. Clearly that is not only an impossible task to even attempt, it would be a huge violation of the 4th Amendment.

Apparently Commissioner Ramsey and DA Williams, as well as many, many others are completely ignorant of what the PA Supreme Ct had to say about circumstances similar to Mr Fiorino.


What the PA Supreme Ct had to say about a similar case



"The Commonwealth takes the radical position that police have a duty to stop and frisk when they receive information from any source that a suspect has a gun. Since it is not illegal to carry a licensed gun in Pennsylvania,[4] it is difficult to see where this shocking idea originates, notwithstanding the Commonwealth's fanciful and histrionic references to maniacs who may spray schoolyards with gunfire and assassins of public figures who may otherwise go undetected. Even if the Constitution of Pennsylvania would permit such invasive police activity as the Commonwealth proposes — which it does not — such activity seems more likely to endanger than to protect the public. Unnecessary police intervention, by definition, produces the possibility of conflict where none need exist."

Then we have this gem, from a Captain on the Philly Police Force no less !

http://www.philly.com/philly/opinion..._vs__cops.html
IT WOULD take someone who's blind in one eye and can't see out the other not to recognize Mark Fiorino's intentions when he sashayed around doing his Wyatt Earp impersonation with his .40-caliber Glock strapped to his hip.
Fiorino accomplished just what he set out to do that day by luring a police sergeant into a heated confrontation while secretly recording his right to bear arms on the open plains. Was the sergeant supposed to just ignore him and head to the nearest Dunkin' Donuts in a city that amasses more than 300 homicides a year? Would the next officer be as accommodating - or shoot first and ask questions later?

It sure didn't take Fiorino long to debut on YouTube and get his face plastered on the front page. He even quoted the police directive when stopped, indicating he knew exactly what he was doing to invite a confrontation. Of course Fiorino will deny all this and sue the city as any other red-blooded opportunist would.
Well, Mr. Fiorino, all I can say is that I hope your 15 minutes of fame does not result in another police officer's death.
Capt. Joseph Di Lacqua

Surely the good Captain is a shining sterling example of a " cops cop", an officer with an unblemished service record right ???

Not so fast. Lets take a look at the Captains jacket shall we ?

DiLacqua's Disciplinary Record

1986: Inaccurate report filed regarding a police raid. Penalty: Three-day suspension.

1992: DiLacqua crashed his unmarked car, but falsely reported that it was struck while parked. Penalty: 15-day suspension.

1993: DiLacqua called Latino officers "conquistadors." Penalty: Reprimand.

1996: At the scene of a fatal accident, DiLacqua ordered that the driver, Christina Kania, be sent home without being tested for intoxication. Penalty: Three-day suspension.

1996: DiLacqua ordered the release of Michael Mullen, a driver suspected of intoxication and cocaine possession. Penalty: One-day suspension.

1996: Two brothers alleged they were harassed by police under DiLacqua's supervision while in custody at a station house. They said a sergeant threatened to beat them with a golf club. Penalty: Reprimand.

1997: DiLacqua failed to correctly manage officer John Leca, whose job performance had deteriorated. Penalty: Three-day suspension.

1998: DiLacqua directed other officers to cover up Homicide Capt. James Brady's car crash, and lied about it. Penalty: 20-day suspension, taken by forfeiting vacation days.

SOURCE: Police Internal Affairs findings; court documents.

When you get " leaders" like Capt DiLacqua, then you get Sgt's like Dougherty and Officers like Rubin.

Its a tragedy of the highest order that in the City that was the birthplace of our Nation, the very spot where the cry for freedom and the indomitable spirit to resist tyranny at every turn first was given a voice in both word and deed has now turned into something more closely resembling the Soviet Union or East Germany then anything approaching the gift that the Founding Fathers left for us.

[vapochilled]

I just published this over on my blog

http://www.thateverymanbearmed.com/2...trum-over.html


The letters section of several local papers, the phone lines of local talk radio call in shows and the threads of many internet forums, some of them LEO centric ones all have one thing in common over the last two weeks.

LOTS of active and former cops, from various jurisdictions. many of them from the " City of Brotherly Love" itself all crying foul over the fact that a citizen, Mark Fiorino, caught them red handed on audio tape acting like the very street thugs they're supposed to be policing.

Its an incessant drum beat of whining, inspite of the fact that Mr Fiorino has publicly stated on every single occasion he was categorically NOT, trying to " set up " ANYONE. I'd like to ask all the conspiracy theorists a few questions.

Whats the first thing a suspected criminal says when accused or questioned about a crime ? It was a set up !

Why is it that when Law Enforcement records someone doing something they shouldnt in order to make a case its called evidence and good police work, but when a citizen records the police doing things they shouldnt be doing in order to expose their abuse of power and ignorance of the law its automatically a set up ?

Double standard anyone ????

Even IF Mr Fiorino had set out to indeed "set up " the police, which I have NO reason to believe is in fact the case, but rather a piss poor and transparent attempt to poison any potential jury pool, I'll ask SO WHAT ?!!?!?

Turnabout is certainly fair play, if the cops can legally set up alleged criminals to make an arrest and take away someones freedom, then the citizens who are ultimately the ones in charge in our form of Govt certainly have every right to set up alleged bad cops and catch them .

The only LEO's who have a problem with being recorded or videoed by members of the public and react the way these officers in Philly did when they found out is those officers that know they're doing something wrong and dont want a record of their misdeeds. Remember just a year or two ago when a Narcotics Squad of Philly Officers were caught on tape by the owner of a bodega shaking him down on a regular basis, helping themselves to merchandise and attempting to destroy the evidence ??

How many incidents like Mr Fiorino's, or the shop owners go on every day that we the people never even know about because the victims of the rogue cops either didn't record the event, had the evidence destroyed or confiscated by the cops or were so scared of further retribution that they never came forward ???

Why is it that the standard line to citizens from Cops, Prosecutors and Judges is always, " ignorance of the law is no excuse " but that doesnt apply at all to the very people who have sworn an oath to uphold those same laws ?

Again, double standard anyone ?

Here's the excuse for the abominable behavior of these pathetic excuses for Police Officers from the Official PD Spokesperson

"It was a setup. He's done this kind of thing before," said Evers, the police spokesman, referring to Fiorino's encounters with authorities. "He did it intentionally, and he audiotaped it."

Really ???? Did Mr Fiorino check with the District ahead of time to determine Sgt Dougherty's patrol route ? Cause that would be critical to succesfully setting him up. The odds of walking several blocks in public at any given time of day and even seeing a passing squad car are about the same as Rosie O' Donnel becoming a card carrying member of the NRA.

Spokesman Evers studiously ignores the inconvenient FACT that its documented that Mr Fiorino did indeed have previous run in's on other occasions with other equally ignorant Philly Cops, including the unlawful seizure of his firearm on at least one occasion.

Which leads me to my next question for the " set up " crowd. Exactly how many times should someone have to deal with being harassed for LEGAL behavior before they become proactive in defending themselves by using technology to ensure the inevitable next interaction is documented in full ? Its no big secret that, whether on the street or in a courtroom, when its a citizens word against a cop's, with no other supporting evidence, the cop is going to win every single time.

Frankly, DA Seth Williams should be brought up on charges for Prosecutorial Misconduct for his actions in approving charging Mr Fiorino as he has. Its crystal clear this is strictly retaliatory in nature and has NOTHING to do with "justice" and everything to do with using the awesome power of the Govt to both punish Mr Fiorino for daring to expose the officers involved and as a warning to any other citizens that dare stand up to abuse at the hands of the police that they will be punished as well.

Then Williams and the hierarchy of the PD have the audacity to complain about the street creedo of " snitches get stitches " and complain about the fact that citizens generally refuse to come forward when they witness something. Well no kidding Seth !!! Why should citizens have any respect or desire to help the police when they hear about this kind of behavior ?

Here's a news flash for Commissioner Ramsey and Seth Williams, you want people to respect your Dept ? Then do something to EARN IT ! A great start would be publicly admitting that the officers involved were so far outside any standards of professionalism that they are going to lose their jobs at the least, if not being charged themselves. You could also publicly acknowledge that the Uniform Firearms Act DOES in fact apply to Philadelphia, just like it does the rest of the State, instead of perpetuating even more illegal behavior by agents of the Govt by continuing to enact and attempting to enforce special firearms laws in Philly that are illegal just by their very existence on paper.

During a radio interview a couple days ago , Commissioner Ramsey publicly stated that the policy of stopping Open Carriers and demanding proof of licensure to do so ( required in Philly) would continue without question. His explanation being that officers have no way to know the person in question does in fact have a valid LTCF. But his justification is devoid of any logic. How would an officer know that ANY of the hundreds, if not thousands of people he passes on the street in one day are licensed and carrying concealed ?

If the concern truly is about " officer safety", then following Ramsey's "logic" would mean that EVERY Citizen would need to be stopped, searched and show their papers to ensure they're not carrying a concealed firearm. Clearly that is not only an impossible task to even attempt, it would be a huge violation of the 4th Amendment.

Apparently Commissioner Ramsey and DA Williams, as well as many, many others are completely ignorant of what the PA Supreme Ct had to say about circumstances similar to Mr Fiorino.


What the PA Supreme Ct had to say about a similar case



"The Commonwealth takes the radical position that police have a duty to stop and frisk when they receive information from any source that a suspect has a gun. Since it is not illegal to carry a licensed gun in Pennsylvania,[4] it is difficult to see where this shocking idea originates, notwithstanding the Commonwealth's fanciful and histrionic references to maniacs who may spray schoolyards with gunfire and assassins of public figures who may otherwise go undetected. Even if the Constitution of Pennsylvania would permit such invasive police activity as the Commonwealth proposes — which it does not — such activity seems more likely to endanger than to protect the public. Unnecessary police intervention, by definition, produces the possibility of conflict where none need exist."

Then we have this gem, from a Captain on the Philly Police Force no less !

http://www.philly.com/philly/opinion..._vs__cops.html
IT WOULD take someone who's blind in one eye and can't see out the other not to recognize Mark Fiorino's intentions when he sashayed around doing his Wyatt Earp impersonation with his .40-caliber Glock strapped to his hip.
Fiorino accomplished just what he set out to do that day by luring a police sergeant into a heated confrontation while secretly recording his right to bear arms on the open plains. Was the sergeant supposed to just ignore him and head to the nearest Dunkin' Donuts in a city that amasses more than 300 homicides a year? Would the next officer be as accommodating - or shoot first and ask questions later?

It sure didn't take Fiorino long to debut on YouTube and get his face plastered on the front page. He even quoted the police directive when stopped, indicating he knew exactly what he was doing to invite a confrontation. Of course Fiorino will deny all this and sue the city as any other red-blooded opportunist would.
Well, Mr. Fiorino, all I can say is that I hope your 15 minutes of fame does not result in another police officer's death.
Capt. Joseph Di Lacqua

Surely the good Captain is a shining sterling example of a " cops cop", an officer with an unblemished service record right ???

Not so fast. Lets take a look at the Captains jacket shall we ?

DiLacqua's Disciplinary Record

1986: Inaccurate report filed regarding a police raid. Penalty: Three-day suspension.

1992: DiLacqua crashed his unmarked car, but falsely reported that it was struck while parked. Penalty: 15-day suspension.

1993: DiLacqua called Latino officers "conquistadors." Penalty: Reprimand.

1996: At the scene of a fatal accident, DiLacqua ordered that the driver, Christina Kania, be sent home without being tested for intoxication. Penalty: Three-day suspension.

1996: DiLacqua ordered the release of Michael Mullen, a driver suspected of intoxication and cocaine possession. Penalty: One-day suspension.

1996: Two brothers alleged they were harassed by police under DiLacqua's supervision while in custody at a station house. They said a sergeant threatened to beat them with a golf club. Penalty: Reprimand.

1997: DiLacqua failed to correctly manage officer John Leca, whose job performance had deteriorated. Penalty: Three-day suspension.

1998: DiLacqua directed other officers to cover up Homicide Capt. James Brady's car crash, and lied about it. Penalty: 20-day suspension, taken by forfeiting vacation days.

SOURCE: Police Internal Affairs findings; court documents.

When you get " leaders" like Capt DiLacqua, then you get Sgt's like Dougherty and Officers like Rubin.

Its a tragedy of the highest order that in the City that was the birthplace of our Nation, the very spot where the cry for freedom and the indomitable spirit to resist tyranny at every turn first was given a voice in both word and deed has now turned into something more closely resembling the Soviet Union or East Germany then anything approaching the gift that the Founding Fathers left for us.

Fantastic!!
I hope marks attorney reads all this

[Thursday]

The "officers" on that website make me afraid to leave my house I feel sorry for all of you who live in/ spend lots of time in Philly. I see cops all the time in York and never have a bit of a problem, a lot of them will spark up a conversation and are usually very friendly!

[Arkady]

Often there's a fine line between Cops and Criminals.

[MostlyHarmless]

It is Marks fault. His actions caused the officers to break the law and commit crimes. He should rot in jail for that. Tricking mentally inferior people into doing illegal things needs to be punished.


Jan

[Ten*K]

It is Marks fault. His actions caused the officers to break the law and commit crimes. He should rot in jail for that. Tricking mentally inferior people into doing illegal things needs to be punished.


Jan

Really? I was under the impression this was the Glock's fault.