Arrested as a result of Open Carry

[eye95]

The law in Georgia is that you have a "reasonable" amount of time to leave once you are told to do so by the owner. Refusing to leave results in instant violation. As long as one is not refusing to leave, none of the things you recited should result in an arrest and conviction. Picking up your coat, wallet, two year old, or retrieving your car are all permissible.

I do not believe this discussion has anything to do with the lawsuit or the arrest for carrying openly. He was, in fact, charged with criminal trespass, as well as disorderly conduct and obstruction.

ALL charges were bogus and were DISMISSED.

He beat the rap. It remains to be seen whether he will beat the ride.


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<o>

 

[papa bear]

The obstruction charge was over refusing to show a Georgia Weapons Carry License. His defense attorney told the judge very simply that he did "not need to." Apparently the judge agreed.

i find this ruling interesting. since i feel that mandatory showing of permits as inference with the fourth amendment.

 

[Fallschirjmäger]

i find this ruling interesting. since i feel that mandatory showing of permits as inference with the fourth amendment.

Did you mean interference? If so, I agree heartily.

 

[rollingtrouble]

It sounds to me like there needs to be a "show of force" with open carry members to that establishment. Carrying is a lawful exercise in a right guaranteed by the constitution. I am all for the rights of individuals or businesses that decide they don't want people carrying on their property. However, if businesses don't openly post their decision for law abiding citizens not to carry at their establishments they should allow the law abiding citizen to collect their family and belongings to peacefully leave. This was a total injustice and corrupt abuse of the justice system, and all those responsible should be facing criminal and civil charges.

 

[ixtow]

Interesting to contrast...

I was asked to leave the Denny's near I-75 in Valdosta and left immediately. The cops were called prior to making the request and they arrived as I was leaving. The cops PREVENTED me from leaving, forced me to sit on the bench between the first and second set of doors. I advised that I was asked to leave, and was doing so at that very moment. They never asked for my ID or even my name, just talked on the radio to each other for a while, then said I could leave... Absolutely no identifying information was exchanged or discussed. Was weird. Some might say, good, but still weird. One of only two negative OC experiences I've had in GA.

Not really related, but an interesting contrast in behavior. Just goes to show you can never trust the cops... You can't get comfortable just because you've had good encounters. Never know when you'll run into the dirty cops.

 

[CT Barfly]

It will be interesting to see how this plays out. I would want to know how the call came in. If a customer called the police and the police then encourage/prompt/coerce the landowner's prior un-expressed demand to leave the premises, this guy can argue that there was no trespass at all because it's the cops that are really asking him to leave a place he had a right to be in.

The mere presence of police officers at the scene would make any business owner wish for the parties (and the police) to LEAVE IMMEDIATELY as it is bad for business...so I would argue that the police themselves caused the request to leave to occur and merely converted their powerlessness into legal effect by saying "Mcdonald's wants you to leave." Does a minimum wage Mcdonalds manager really want to stand up to a police officer and on the side of a gun-toting customer? I don't even know what Mcdonalds corporate policy is as to guns but I would guess it is at best neutral.

Imagine how that conversation went:

"Hey mcdonalds manager, if you want him to leave he HAS to leave RIGHT NOW and can be ARRESTED if he doesn't leave RIGHT AWAY, should we tell him to leave?"

"OK, ask him to leave."


In any event, probably too expensive to litigate and not worth it...just another insult.

 

[HPmatt]

Any developments on lawsuit - violation of civil rights? wrongful arrest?

Didn't this seem similar to the VA pizza parlor incident from a predecessor website - of the cops getting the proprietor - or his agent - to assert trespass and the cops then proceeded to use that as justification to chase off OCers?

 

[Grapeshot]

Any developments on lawsuit - violation of civil rights? wrongful arrest?

Didn't this seem similar to the VA pizza parlor incident from a predecessor website - of the cops getting the proprietor - or his agent - to assert trespass and the cops then proceeded to use that as justification to chase off OCers?

Think that you refer to the Tony's Seven as reported here and by VCDL

Toney's was not and is not unfriendly - we regularly thank them for their positive position.

http://www.thehighroad.org/archive/index.php/t-256178.html