Author: 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.
Posted in Blog
What upsets me is cops are usually very proud of their guns, glad they have them both on the job and off. They also like to be the only ones with guns and usually get upset when anyone other then law enforcement have them, even legal guns with normal citizens. I know people that have become cops and i don’t care what training they have had, i would not trust them with a weapon as far as i can throw them.
Im not really sure what the deal is, i just call it as i see it. I know someone who just graduated from the academy and posts everything on (her) facebook, like the fact she is going to shooting practice etc etc. She didn’t have a gun before she was a cop and probably thinks you shouldn’t unless you are one, (power going to her head). For people like us, she is dangerous.
NOTE: Thanks for the input Steve, I know someone that thinks it is an ego thing, that cops feel diminished somehow by citizens leagally having firearms, especially women having them. Maybe she has a point. MS