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I was arrested for UCW well over 10 years ago (OK, almost 20 years ago, wow, getting OLD lol), charges were dropped, didn't even go before the DA, but the arrest record is still there, that's the only thing, no disposition, etc., just the record of the arrest for UCW, that's it. I looked into having it expunged shortly after it happened and from what I recall it would've cost around $500 (then). I decided it wasn't worth the trouble. I will tell you this though, it would've sped up the process for CHL, NFA stuff, etc.

Congrats on getting all you things back. Sorry you had to be the "test case". Cant wait to hear all the details.

timdsmith72 wrote:

handog wrote:I'm reluctant to give the jurisdiction here because a false arrest and civil liberties lawsuit is being considered.

Stop considering it and file it!

Can I throw in a few bucks for your legal fees?

There is an election going on. I think I would contact Perry's office and see if he can't help make that arrest record go away.

I second that of VoiceofReason. AND...if in San Antonio, I'll still buy ya lunch too. If this isn't a REAL AND VALID reason to join and SUPPORT (meaning to know the issues, their status, your position and the candidates position) the NRA...I'm not sure that there is a better reason. I would even advocate an email to see how THEY feel about the whole thing.

and Congrats!!!!! and after more informed opinion, please allow me to change mind against suing the pants off of them. I'd hate to see a cop without pants again....saw a British skit once and it scarred my retina.

Doug

VoiceofReason wrote:

timdsmith72 wrote:

handog wrote:I'm reluctant to give the jurisdiction here because a false arrest and civil liberties lawsuit is being considered.

Stop considering it and file it!

Can I throw in a few bucks for your legal fees?

Heck, I'd be willing to donate a few buckeroos too.

TLynnHughes wrote:

03Lightningrocks wrote:

gregthehand wrote:I for one don't think it would do any good to sue the department or arresting officer. I just don't see what it would accomplish. A formal written complaint to the department may be more appropriate.

I disagree. A big fat law suite settlement will teach them not to violate the rights of the citizens in their jurisdiction. It can also help the fellow who was arrested recover some of his costs. The police agencies can not be allowed to define the law as they see fit. The arresting officer should have a big black mark put on his record so that when he decides to abuse his power the next time, their can be a written record of his need to be fired.

More than likely what would happen is after years of depositions and stalling and paper filing and money, the city would settle out of court. Once the lawsuit is filed, the accused policeman isn't even really aware it's going on except when he gives his deposition. It becomes a lawyer's game after that (no offense, Charles). If the suit filer is lucky, he'll end up with a bit more money than it cost him to retain a lawyer. But more than likely, the police department won't bat an eye, won't change any of their policies and everthing will go on as normal. It's not pretty, but it's reality.

T.

Personally I would file on the department and the arresting officer. If he is the type that abuses his authority, it might make him reconsider his career choices.

His “mistakes” can affect people for the rest of their lives or could cost someone their life. I don’t know how many times I have heard “Ignorance of the law is no excuse”. I would assume that applies to LEOs too.

There is no excuse for this arrest. If he didn’t know the law, his superior officers should have. If no one on duty knew the law then the department should have a class on dealing with CHL holders.

I don’t think Concealed Handgun Licensing is going to go away any time soon, so law enforcement should learn to accept it and how to handle it. The sooner the better.

handog wrote:

TLynnHughes wrote:

handog wrote:Handgun back on hip, plastic back in wallet. Good posts by the way. I can certainly understand the lawsuit sentiment but I have decided to file a complaint instead. And I will walk in there calm and cool. Since this may be on my record for life I want the arresting officer to have it on his record too. I hope it makes a difference.

I'm thinking it shouldn't be on your record if there were no charges??? Or am I completely wrong about that?

In any case, the formal complaint route is the best, fastest and least expensive route IMHO.

Congrats on getting everything back!

T.

I was told after a two year waiting period I can try to have it removed completely. With the attorneys fee and court cost it would be about $1000.00. It's crazy.

Seriously?
I was arrested on a bogus charge and beat it in court. My attorney told me that an expungment has to be done quickly after. He took care of it, and it didnt cost any where near $1000.

VoiceofReason wrote: Personally I would file on the department and the arresting officer. If he is the type that abuses his authority, it might make him reconsider his career choices.

His “mistakes” can affect people for the rest of their lives or could cost someone their life. I don’t know how many times I have heard “Ignorance of the law is no excuse”. I would assume that applies to LEOs too.

There is no excuse for this arrest. If he didn’t know the law, his superior officers should have. If no one on duty knew the law then the department should have a class on dealing with CHL holders.

I don’t think Concealed Handgun Licensing is going to go away any time soon, so law enforcement should learn to accept it and how to handle it. The sooner the better.

I'm certainly not disagreeing that the arrest was wrong. Sure you can sue the police officer, who will more than likely be happily represented by an attorney for the local police officer's association. I'm thinking that the association probably has access to more money to fund the attorney's than does the OP. (This is just an assumption of course and could very well be incorrect.) Now of course, if the NRA or the TSRA want to take the battle on for the OP, that could be a different story.

T.

TLynnHughes wrote:

VoiceofReason wrote: Personally I would file on the department and the arresting officer. If he is the type that abuses his authority, it might make him reconsider his career choices.

His “mistakes” can affect people for the rest of their lives or could cost someone their life. I don’t know how many times I have heard “Ignorance of the law is no excuse”. I would assume that applies to LEOs too.

There is no excuse for this arrest. If he didn’t know the law, his superior officers should have. If no one on duty knew the law then the department should have a class on dealing with CHL holders.

I don’t think Concealed Handgun Licensing is going to go away any time soon, so law enforcement should learn to accept it and how to handle it. The sooner the better.

I'm certainly not disagreeing that the arrest was wrong. Sure you can sue the police officer, who will more than likely be happily represented by an attorney for the local police officer's association. I'm thinking that the association probably has access to more money to fund the attorney's than does the OP. (This is just an assumption of course and could very well be incorrect.) Now of course, if the NRA or the TSRA want to take the battle on for the OP, that could be a different story.

T.

SO what? Lay down and take it?
If its a small enough force, a Law Suit can be a big kick in the pants.
Also, if you win, you can use that money to buy a new gun

marksiwel wrote:

TLynnHughes wrote:

VoiceofReason wrote: Personally I would file on the department and the arresting officer. If he is the type that abuses his authority, it might make him reconsider his career choices.

His “mistakes” can affect people for the rest of their lives or could cost someone their life. I don’t know how many times I have heard “Ignorance of the law is no excuse”. I would assume that applies to LEOs too.

There is no excuse for this arrest. If he didn’t know the law, his superior officers should have. If no one on duty knew the law then the department should have a class on dealing with CHL holders.

I don’t think Concealed Handgun Licensing is going to go away any time soon, so law enforcement should learn to accept it and how to handle it. The sooner the better.

I'm certainly not disagreeing that the arrest was wrong. Sure you can sue the police officer, who will more than likely be happily represented by an attorney for the local police officer's association. I'm thinking that the association probably has access to more money to fund the attorney's than does the OP. (This is just an assumption of course and could very well be incorrect.) Now of course, if the NRA or the TSRA want to take the battle on for the OP, that could be a different story.

T.

SO what? Lay down and take it?
If its a small enough force, a Law Suit can be a big kick in the pants.
Also, if you win, you can use that money to buy a new gun

If he wins, who actually lost? The fine law abiding citizens of XYZ community whose taxes are going to pay for the verdict. If you really want to effect change then a complaint is the way to go.

TLynnHughes wrote:

VoiceofReason wrote: Personally I would file on the department and the arresting officer. If he is the type that abuses his authority, it might make him reconsider his career choices.

His “mistakes” can affect people for the rest of their lives or could cost someone their life. I don’t know how many times I have heard “Ignorance of the law is no excuse”. I would assume that applies to LEOs too.

There is no excuse for this arrest. If he didn’t know the law, his superior officers should have. If no one on duty knew the law then the department should have a class on dealing with CHL holders.

I don’t think Concealed Handgun Licensing is going to go away any time soon, so law enforcement should learn to accept it and how to handle it. The sooner the better.

I'm certainly not disagreeing that the arrest was wrong. Sure you can sue the police officer, who will more than likely be happily represented by an attorney for the local police officer's association. I'm thinking that the association probably has access to more money to fund the attorney's than does the OP. (This is just an assumption of course and could very well be incorrect.) Now of course, if the NRA or the TSRA want to take the battle on for the OP, that could be a different story.

T.

Complaints to the department do no good. I speak from experience.

Complaints to the appropriate government do no good. I speak from experience.

Doing nothing will not change anything.

Suggestions?

VoiceofReason wrote:

TLynnHughes wrote:

VoiceofReason wrote: Personally I would file on the department and the arresting officer. If he is the type that abuses his authority, it might make him reconsider his career choices.

His “mistakes” can affect people for the rest of their lives or could cost someone their life. I don’t know how many times I have heard “Ignorance of the law is no excuse”. I would assume that applies to LEOs too.

There is no excuse for this arrest. If he didn’t know the law, his superior officers should have. If no one on duty knew the law then the department should have a class on dealing with CHL holders.

I don’t think Concealed Handgun Licensing is going to go away any time soon, so law enforcement should learn to accept it and how to handle it. The sooner the better.

I'm certainly not disagreeing that the arrest was wrong. Sure you can sue the police officer, who will more than likely be happily represented by an attorney for the local police officer's association. I'm thinking that the association probably has access to more money to fund the attorney's than does the OP. (This is just an assumption of course and could very well be incorrect.) Now of course, if the NRA or the TSRA want to take the battle on for the OP, that could be a different story.

T.

Complaints to the department do no good. I speak from experience.

Complaints to the appropriate government do no good. I speak from experience.

Doing nothing will not change anything.

Suggestions?

If meeting with the big guy gets you no where then try to find someone in the media who has a bone to pick with the department. Of course right before an election is always a good time to get some action from elected officials.

VoiceofReason wrote: Complaints to the department do no good. I speak from experience.

Complaints to the appropriate government do no good. I speak from experience.

Doing nothing will not change anything.

Suggestions?

I'm only saying what I would do. I believe in escalation of a situation much like escalation of force. I would start with a formal complaint at the department level and then make my decisions based on what happens at that level. Having worked in a Police Department for a number of years, I've seen many formal complaints solved to the satisfaction of the citizen and resulting in the change of department policy. A major change in a pursuit policy at one department I worked at came about as a result of a citizen complaint. Hard to say....all situations are different. Based on what handog has said, this is what I would do. Not saying it's right for everyone.

T.

TLynnHughes wrote:

VoiceofReason wrote: Complaints to the department do no good. I speak from experience.

Complaints to the appropriate government do no good. I speak from experience.

Doing nothing will not change anything.

Suggestions?

I'm only saying what I would do. I believe in escalation of a situation much like escalation of force. I would start with a formal complaint at the department level and then make my decisions based on what happens at that level. Having worked in a Police Department for a number of years, I've seen many formal complaints solved to the satisfaction of the citizen and resulting in the change of department policy. A major change in a pursuit policy at one department I worked at came about as a result of a citizen complaint. Hard to say....all situations are different. Based on what handog has said, this is what I would do. Not saying it's right for everyone.

T.