Hassled by Lansdale Police for OCing

[ViperGTS19801]

This morning I decided to walk down to the local Walgreen's to pick up some more Tylenol, and I stopped in at my favorite local diner for breakfast first. Everything seemed fine and I didn't get any hairy eyeballs from anyone that I could tell, and no one seemed to notice I was OCing my P85 on my left hip.

Apparently, I was wrong. Based on the confrontation below, I am going with the assumption that someone in the diner called the police because of a MWAG (me).

After paying my bill and leaving my tip, I walked on out. I noticed two squad cars about 20 yards down on the left. I didn't really care since I was making a right anyway.

I hear a "Yo!" behind me. I knew what it was but I kept walking. It was followed by a brief pause and a "Hey, sir!"

I stopped and turned around in and effort to not be a total dick and/or cause some type of chase. One Office Pyskaty (got his name later on) hollarded from the distance of what was now about 25 yards:

Officer Pyskaty: "Sir, can we talk to you over here?"

Me: "What for?"

Brief pause.

O. Pyskaty: "You're openly carrying a firearm, and we want to talk to you."

Me: "I'm carrying it legally." Now at this point, I could tell they were interested in nothing other than giving me a hard time about my weapon so I asked this forum's favorite question: "Are you going to detain me?"

O. Pyskaty and another officer, higher in rank and clearly more experienced (he had what I believe was a triple chevron pin on his lapel and was wearing a funny hat lol) decided that since I wasn't going to go over to them, they'd come over to me. As they walked over, I took out my voice recorder and hit the red button.

O. Pyskaty: "Is that a voice recorder? Are you recording me?" He starts getting an attitude. "If you don't turn that off right now I'm going to arrest you for a third degree felony under wiretapping law!"

Now, I was under the assumption that, since this officer was out in public and had no reasonable expectation of privacy while performing his duties as an officer, that recording a conversation between the two of us was not in any way a violation of law. However, this young, seemingly hotheaded LEO was not giving me any reason to believe he wasn't going to take the law into his own hands, so I turned up my attention to detail and turned off the recorder.

O. Pyskaty: "Do you have ID?"

Me: "Yes."

O. Pyskaty: "Let me see it."

Me: "I don't need to show you identification."

O. Pyskaty: "Let me see your permit."

Me: "I'm open carrying on foot - although I do have a license to carry firearms, I don't need to show that to you either by Pennsylvania law."

Yes, I did make a point of calling it an LTCF.

The other officer chimed in. He was much more respectful and wasn't giving me attitude - classic "good cop, bad cop" scenario. I can't remember his name - I apparently wasn't paying enough attention.

Officer 2: "Listen, you're openly carrying a firearm in public, and that has a tendency to give rise of suspicion to the people around you. Now, all we want to do is identify you and confirm that you're not a felon or something. When we see someone carrying a gun we are well within our right to stop them and get their identification."

Me, as politely as I could: "What I am doing is perfectly legal, and you don't have the right to stop me unless you have reasonable articulate suspicion of me committing a crime."

Officer 2 nodded. "I understand that, but all we're asking for is your name and birthdate so we can verify who you are."

Until now, I'd never haggled for my freedom, so to speak.

In order to make this situation go away, I gave them my full name and DOB, which O. Pyskaty, who got very quiet after his superior chimed in, wrote down.

Me: "Now, gentlemen, am I being detained, or am I free to go?"

Officer 2: "You're free to go."

I told them to have a nice day, and off I went.

Am I correct in that there's nothing illegal or violatory in my recording a conversation between an officer and myself, since the officer has no expectation of privacy while performing his duties as LE?

[falcn]

Good job handling yourself.

[whoshisface]

AHHHHHHH I need duck tape. The PA SC ruled an officer has no expectation of privacy when on duty performing duty. You recorder was 100% legal. Write a complaint. you had no need to show them any ID.

[whoshisface]

Officer 2 nodded. "I understand that, but all we're asking for is your name and birthdate so we can verify who you are."


This should have been met with am I under arrest? okay then no or yes. yes only if your being arrested.

But you did far better than most follow up with a letter of complaint

[TheF00L]

Post deleted by poster, as I am, doing to almost all my posts.

[charlie2006]

I would be filing a complaint against the the younger officer too. I am in a public service position and if I talked to anyone like that I would have had my ass chapped and a letter in my file. There is no reason to be so rude. Especially for something that minor. Just my two cents.

[ViperGTS19801]

AHHHHHHH I need duck tape. The PA SC ruled an officer has no expectation of privacy when on duty performing duty. You recorder was 100% legal. Write a complaint. you had no need to show them any ID.

Okay, is it possible for someone to find that ruling online so I can quote it in my letter which I am writing right now?

Also, any input or help in drafting this would be appreciated - I've never written one of these before. Thanks in advance.

[whoshisface]

ten minutes someone will post it correct me on finer points

[reverserboy]

It seems like Landsdale needs a meet & greet event.

PS....the OP is the first person I have ever taken off my list.

[ViperGTS19801]

What do you guys think - should I write a free-hand letter of complaint, or should I go over to the station and file it there, officially?