Guy walks from his house to his mailbox. He has a holstered pistol. Perfectly legal in Oregon. Cop detains and questions him, pats him down, calls station. No arrest. Guy files suit. Judge finds the cop and city at fault. They settle with the guy for $5,000 dollars. From the Gazette Times:
Both sides agree, according to court documents, that when Hall noticed Dodge exit his patrol vehicle, he asked if he was being detained. The officer replied no, but said heâ€™d like to speak to Hall. Hall ignored Dodgeâ€™s questions and asked again if he was being detained. That time, Dodge replied yes. Hall remained silent as Dodge patted him down and asked him questions such as where he lived and whether he had identification on him.
I still prefer concealed carry. I find discretion to be the better part of valor.
In any event, while true that Hall exercised his right to remain silent during the conversation with the cop, is that the best course of action? I dunno. It just seems as if for some people, they’re actually looking for an incident to happen. The cop was wrong, but a quick explanation to him about wanting to exercise his right to self-defense might have been all that was needed. After all, the cop admitted that this was a “bad” part of town. Hall could simply have said that he wore the legal gun for protection.
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