Archive for July, 2011
A news story came on the other day that caught my attention, it was concerning Ohio police and a motorist who had a legal gun permit. During the news story they gave a small clip of the dash cam video in which you heard the police officer yelling at the motorist for not disclosing that he had a handgun permit, it was a brief story about the possibility of the police being overzealous. I decided to go online to see if I could find the video, and what I found was, in my opinion, an example of an officer who forgot his oath to the public long ago. The oath to protect and serve. The media did not assign as much importance to this story as they would to any sports story. Badly misplaced priorities, badly represented on the medias part. (Update to this story at bottom of page).
The video was a little over 17 minutes long, which is quite long for these things. I watched all of it and will add this link so that you do not need to take my word for it, watch it yourself at: www.gunvideos.blogspot.com also if you want to contribute to this citizens defense you can go to: http://OhioCCW.org/cantonPD , I hope these links work.
I will break it down as it plays out, it starts with three people at the car, two men and a woman, the woman is outside of the car. When the police get out they ask the woman and a black man some questions and then tell them to leave. Meanwhile the officer that is not doing much talking sticks his head into the backseat area of the car searching for who knows what, but he never bothered to ask the driver who is still sitting in the car if he can make a search, the driver is told to be quiet though. There was no ‘probable cause’ to search as far as nothing was ever found. I believe this was an illegal search, the police should of known better, anything that might have been found would have been nullified as evidence in most cases like this. The officer did not tell the driver to exit the car while he looked around which is probably contrary to department standard operating procedure (SOP). The drivers 4Th Amendment rights I believe were violated here.
When the police took control of the situation they immediately told the driver to be quiet which effectively nullified his ability to notify them that he had a gun permit as stipulated by law in Ohio. When the driver is finally told to get out of the car he has his gun permit in his hand holding it out to the police, the officer says ‘whats that’ and the driver says a license to carry. The officer then go’s crazy screaming why didn’t you tell us this immediately! The driver replies that he tried but was cut off each time he tried to tell them. {The police can’t have it both ways, on the one hand he is told not to speak, on the other hand he is threatened for not telling them, it is a ‘lose lose’ for the citizen who was not allowed to follow the law}.
The very agitated police officer asks if he has a gun and the driver says yes, the police see it and confiscate it. The officer at this point has now completely lost it, 13:31 into this saga he starts screaming, (not all inclusive, but some of the worse things) “I tell you what I should have done. As soon as I saw your gun I shoulda taken two steps back, pulled my Glock .40, and just put ten bullets in your ass and let you drop. And I wouldn’t of lost any sleep! Do you understand me? “And he, (meaning his partner) would of been a nice witness as I executed you, because your stupid“! “Do you want my gun against your head“? And, “every time I’m putting you in the computer, I see your car I’m pulling you over, tow it, and your going to jail every time“! A few minutes go by and this officer says to his partner: “I swear to God Mark, I’m going to lose my mind if I see another one of these numbskull’s“!
In Ohio, as in many states, the fact that someone has a gun license is connected with their registry information, the officer should have known before he exited his cruiser that the driver had one by running the plate. This should not mean you will now be treated like a criminal. The police dispatcher is heard informing the police on the scene that the driver has a gun permit 11 minutes into this scenario, why it took that long is a puzzle? If the police are going to be so controlling that a driver is not allowed to speak than the law should be rewritten so that the police are required to ask the citizen if he/she has a gun license, not the other way around, that would solve the problem.
The police do have a dangerous job, but they understand this when they sign on. It would appear that legal gun owning citizens in Ohio could face death by execution when they are pulled over? Another spooky way to look at this, if it happened to you, would you drive to the police station to report it? Could that be like walking into the ‘enemys’ camp to be abused more, or maybe even executed? Is this the way we should feel about police? I hope this was just the exception to the rule and not the rule. How did the officer in the story know he would not lose sleep if he executed the driver? Is he drawing from past experience? He seemed very confident his partner would side with him in an execution, how could he be so sure of that? The officer did not seem concerned by what he was saying, why? Maybe this points to a larger department wide, maybe even a state wide problem that needs to be investigated from without, not from within.
Should the facts point to wrong doing beyond any reasonable doubt on the officers part, the police officer should not only be fired, but charged with aggravated assault, and violation of the public trust, as well the city being sued. Threatening someones life with his Glock goes beyond the pale, threatening to continually harass someone by arresting them and impounding their car every time he sees you in the future is pure intimidation, an obvious abuse of authority/power. This cop thought himself to be the judge, jury, and executioner. It is said that the investigation will be an internal one, the proverbial fox guarding the chicken coop. Are the ‘numbskull’s‘ he is referring to every gun permit holder in Ohio?
Our Founders and early citizens knew how to deal with abusive over reaching authority, in their day they sent them packing back to bloody ole England. And created the Constitution to send the ‘home grown’ variety to prison.
Just a note: If you are ever subjected to this type of abuse by local police, have the presence of mind to contact the State Police to report it, call your lawyer as well. Don’t call 911, if you do you cannot have confidentiality as your call is taped.
Mark Shean, submitted 7-23-2011
UPDATE: Last year at about the same time this same cop was doing the same thing, go to the link above in the second paragraph to hear his earlier rant as he threatens some people, “I will put you in the grave and sleep good at night”. He is on sick leave at this time, (with pay of course). I think the Chief should tell him he is fired and that he, (the chief) will sleep good at night after he fires him………Justice.
I am sure people will start coming out of the woodwork now that this made it on the air. And why were these dash cams not reviewed by someone before? What are these dash cams for anyway if no one is looking at them? The ole fox guarding the chicken coop snydrome, the police looking out for our safety, sure…..
New Update:
Hearing for Canton police officer who threatened to execute concealed carry licensee postponed again
Officer Daniel Harless is still receiving paid time off, even after running out of sick days
by Chad D. Baus
The Canton Repository reported recently that a hearing for Officer Daniel Harless, the Canton police officer who was caught on dash cam video berating an Ohio concealed handgun license-holder and threatening to execute him, has been postponed yet again.
The article also reveals that Harless continues to receive sick pay, even though he is out of paid time off, thanks to a special clause in his union contract.
From the article:
A disciplinary hearing for Daniel Harless, the police officer involved in a controversial traffic stop, has been rescheduled for Dec. 15.
Meanwhile, Harless remains on paid medical leave even after running out of sick days. Other officers donated part of their sick time, which is permitted under the union contract, said Safety Director Thomas Ream.
Ream said he approved the donations of sick time to Harless, which started less than two weeks ago.
The contract clause has existed for “quite a while,” he said, noting that officers have donated time off in the past to an officer who has a serious and extended illness.
Earlier this year, the Police Department’s internal affairs division completed an investigation into Harless’ behavior during three separate traffic stops — each captured on police cruiser video.
In a June 8 stop, video footage shows Harless berating a man he pulled over around 1:30 a.m. on Newton Avenue NW.
Internal affairs investigators accuse Harless of violating Police Department rules and regulations for cooperation with the public, deportment and treatment of persons in custody. Harless could be suspended or fired, Ream said.
Since the first video came to light, two other videos also surfaced, each showing Harless engaged in violent outbursts at traffic stops.
Ream told The Repository the Dec. 1 hearing was pushed back due to a scheduling conflict.
This is the second time Harless’ hearing has been postponed. The original hearing date of Sept. 7 was called off after the Canton Police Patrolmen’s Association asked for an indefinite extension of the disciplinary hearing. That request was denied.
Back in September, the union president said that due to “post-traumatic stress disorder,” Harless could not assist in his defense or participate in the hearing as originally scheduled.
Chad D. Baus is the Buckeye Firearms Association Vice Chairman.
We are going to be ‘blessed’ with a health-care plan that we will be forced to purchase, and fined heavily if we don’t, (find that government power in the Constitution, good luck). This plan purportedly covers ten million more people without adding a single new doctor, worse yet, doctors will quit because of it, this plan will provide for 16,000 new IRS thugs, oops, ‘agents’ to enforce it and was written by a committee whose Chairman, (Tom Harken D-IA) says he “did not understand it“! It was passed by a Congress that could not be bothered to read it, (“But we have to pass the bill so we can find out whats in it, away from the controversy“ Nancy Pelosi (D-Ca), quote unquote) but this Congress made damned sure they would be exempted from it!
The funding will be administered by the Treasury Thief, oops I mean Chief, (Tim Geithner) who didn’t pay his taxes, and in which we will all be taxed, (those who still work) for the next four years before any benefits can take effect, by a government which has already put Social Security, Medicare, (and the overall economy) well on the way to bankruptcy, all to be overseen by a Surgeon General who is obese, (Dr.Regina M. Benjamin) and a President, (Obama) who smokes, all the while he is telling people that Social Security, (that we pay into all our working lives) is an entitlement!! He really believes that we are all that stupid…..
NOW, WHAT THE HELL COULD POSSIBLY GO WRONG WITH GOVERNMENT CONTROLLED HEALTH CARE ?!!!!
NOTE: I took some liberties with this by adding a few highlights such as names and quotes where they should have been inserted in the first place, but were not. I don’t like ‘sugar coating’.
This country is in real trouble, but if the government shuts down on August 1st maybe we should celebrate, at least all the pin heads in D.C. who caused this entire mess will not continue mis-spending our money right away.
Scalia Upbraids Obamacare Defender: ‘We’re Not Stupid’ Conservative Justices Attack Obamacare Mandate In SCOTUS Hearing
For a real eye opener you might want to look at the above two links, this will show you the Obama socialists vs. consevatives, and how important it is that Obama is not given another chance to appoint one more retard to the Supreme Court!
Sincerely, Mark Shean
I will list some questions here that I have encountered in my Ma. classes, with answers. Also my #Gun Sense series may answer other questions.
Q: Do you give the Ma. state class for the LTC/FID license?
A: Yes, I have given the class since 2000, my son joined me in 2013, we travel all over the state* giving the required class. Please go to my HOME page for details, where you schedule your own class.
Q: A Massachusetts friend wants to store a firearm(s) in my safe, is that legal?
A: If he has a gun license, and you have a gun license, yes you can, but the licenses have to cover the gun, if it is a handgun you both must have a LTC.
Q: When do you replace firearms?
A: On or before the expiration date stamped on the underside of the hammer……..
Q: What does ‘unrestricted’ mean in applying for LTC ?
A: It means for any Lawful purpose in how you utilize your firearm(s).
Q: In Massachusetts is it illegal to ride in a vehicle with a loaded weapon with a LTC with children in the car?
A: No, it must be under your Direct Control as outlined in G.S. #22. But you can not take it onto school property, read G.S. #35.
Q: In Ma. if I apply for a license to carry would my son being a police officer influence the decision in Ma?
To read this chapter in full, and any other articles in the Gun Sense series, it is available as an Ebook and a Paperback at Amazon under:
Gun Sense Massachusetts Gun Law Information and Common Sense Firearm Safety By Mark R. Shean Sr.
Rated #1 at AMAZON in the Shooting section!!