Active Duty Soldier Illegally Disarmed and Arrested

[Reasonable Doubt]

http://www.youtube.com/watch?v=A8r4MK3R4PI




Published on Apr 15, 2013
On March 16, 2013, my son and I were hiking along country roads among pastures and fields with my 15-year old son to help him earn his hiking merit badge. I always enjoy these father/son hikes because it gives me time alone with my son. As I always do when we go on these hikes and walks, I took my trusty rifle with me as there are coyotes, wild hogs, and cougars in our area. In Texas, it is legal to openly carry a rifle or shotgun as long as you do so in a manner that isn't calculated to cause alarm. In other words, you can't walk around waving your rifle at people. I always carry my rifle slung across my chest dangling, not holding it in my hands.

At about the 5 mile mark of our hike, a voice behind us asked us to stop and the officer motioned for us to approach him. He got out of his car and met us a few feet later. He asked us what we were doing and I explained that we were hiking for my son's merit badge. He then asked me what I'm doing with the rifle, to which I responded in a calm manner, "Does it matter, officer? Am I breaking the law?"

At that point, the officer grabbed my rifle without warning or indication. He didn't ask for my rifle and he didn't suggest he would take it from me. He simply grabbed it. This startled me and I instantly pulled back - the rifle was attached to me - and I asked what he thought he was doing because he's not taking my rifle. He then pulled his service pistol on me and told me to take my hands off the weapon and move to his car, which I complied with. He then slammed me into the hood of his car and I remembered I had a camera on me (one of the requirements of the hiking merit badge is to document your hikes). This video is the rest of that encounter. Up to this point, I am not told why I am being stopped, why he tried to disarm me, or even that I'm under arrest.

We did not set out that Saturday morning to "make a point" or cause problems. Our goal was to complete a 10-mile hike and return home without incident. My son chose a route that away from populated areas but near our home.

The arresting officer is Officer Steve Ermis and the supervisor is Sergeant Minnicks of the Temple Police Department.

If you agree this was a gross act of exceeded authority, please help me fight these charges: http://www.indiegogo.com/projects/2nd...

 

[Wheezer]

At about the 5 mile mark of our hike, a voice behind us asked us to stop and the officer motioned for us to approach him. He got out of his car and met us a few feet later. He asked us what we were doing and I explained that we were hiking for my son's merit badge. He then asked me what I'm doing with the rifle, to which I responded in a calm manner, "Does it matter, officer? Am I breaking the law?"

How about you NOT be an asshole and just answer the question as it has been stated in the in the story above. It's funny how the camera picks up after the incident starts and nothing prior.

Sorry, but I am calling bullshit on the whole "We did not set out that Saturday morning to "make a point" or cause problems."

Active duty soldier or not it does not mean you can be an asshole to every cop that stops you just because you feel like it.

 

[shortylickens]

Seen it already. Internets abuzz.

 

[MarkXIX]

Sorry, but the vast majority of Soldiers believe this one to be an ass, me included.

 

[Colt45]

dey took mah gunss

 

[Jimzz]

How about you NOT be an asshole and just answer the question as it has been stated in the in the story above. It's funny how the camera picks up after the incident starts and nothing prior.

Sorry, but I am calling bullshit on the whole "We did not set out that Saturday morning to "make a point" or cause problems."

Active duty soldier or not it does not mean you can be an asshole to every cop that stops you just because you feel like it.

How was he being a asshole? If you want to live in a police state go ahead, I will not.

 

[pcslookout]

Ahaha he deserved it.

I love hearing him whine.

 

[LTC8K6]

I read that the officer just approached him and tried to take his AR, which was slung over his shoulder, toward the front. The officer didn't say anything, or ask him anything.

Since the rifle was attached to him, the officer basically just yanked on the guy without a word, and was upset when the rifle didn't magically detach itself...

It was as if the donut chaser had never seen a rifle sling before...

My guess is that the soldier gets a nice settlement from them.

 

[LTC8K6]

He asked us what we were doing and I explained that we were hiking for my son's merit badge. He then asked me what I'm doing with the rifle, to which I responded in a calm manner, "Does it matter, officer? Am I breaking the law?"

The actual correct response is, "None of your business. Am I under arrest?"

We can see in the video that the AR is indeed slung over his chest, making it very difficult for him to have been waving it around.

 

[z1ggy]

Probably shouldn't have been so smug as to why he had the rifle as opposed to just saying, "why does it matter?". If he had just said something like, "my son and I are out hiking and the rifle is for our protection from wild animals." the officer might have been nicer about the situation.

However, the officer does have to tell him why he is being stopped or detained. and the officer has to have a reasonable suspicion that he had just broken a law or was in the act of doing so. Since according to the OP, it is legal in TX to openly carry a rifle as long as it isn't disturbing the peace of others...It seems like he was doing nothing wrong.

Even if the officer asks him for ID or any other questions really...He doesn't legally have to answer them.

Most of the time though it will be in one's best interest to just cooperate as it seems like most cops don't even know the law.

 

[13Gigatons]

Should have run for it. I guess even in Texas they have become hysterical about guns.

 

[james1701]

Shhh be very very quiet, I am hunting marathon bombers.

 

[grrl]

How was he being a asshole? If you want to live in a police state go ahead, I will not.

Right, because police asking questions = police state.

 

[Tweak155]

I'm torn on this one. Usually when the guy is being a prick I side with the cop. But I think he's just worked up and maybe shocked at the situation. If the officer did not ask him for the weapon and only reached for it, I think he's in the right. But it is curious that part of the video is cut off.

 

[LTC8K6]

Probably shouldn't have been so smug as to why he had the rifle as opposed to just saying, "why does it matter?". If he had just said something like, "my son and I are out hiking and the rifle is for our protection from wild animals." the officer might have been nicer about the situation.

However, the officer does have to tell him why he is being stopped or detained. and the officer has to have a reasonable suspicion that he had just broken a law or was in the act of doing so. Since according to the OP, it is legal in TX to openly carry a rifle as long as it isn't disturbing the peace of others...It seems like he was doing nothing wrong.

Even if the officer asks him for ID or any other questions really...He doesn't legally have to answer them.

Most of the time though it will be in one's best interest to just cooperate as it seems like most cops don't even know the law.

"Am I under arrest?"

If the answer is no, then:

"Am I free to leave?"

Just cooperating is giving up your rights, but everyone has to judge each situation for themselves.

 

[dabuddha]

Something doesn't add up. Doesn't he say he's required to bring the camera with him and record the hike as proof for his son's eagle scouts thing? Yet we only see the video from a certain timepoint?

 

[LTC8K6]

I'm torn on this one. Usually when the guy is being a prick I side with the cop. But I think he's just worked up and maybe shocked at the situation. If the officer did not ask him for the weapon and only reached for it, I think he's in the right. But it is curious that part of the video is cut off.

Nothing is cut off, and the beginning of the video is explained.

Don't forget that there is video from the police, too.

When that's released, I predict it supports the soldier.

I think it if supported the police, they would have released it already.

 

[LTC8K6]

Something doesn't add up. Doesn't he say he's required to bring the camera with him and record the hike as proof for his son's eagle scouts thing? Yet we only see the video from a certain timepoint?

He forgot that he was supposed to film the hike, he says, and only remembered the camera after the encounter began.

That's in most of the accounts.

It doesn't matter anyway, we will see dash cam footage from the police, plus their audio recordings.

 

[LTC8K6]

http://en.wikipedia.org/wiki/Stop_and_identify_statutes

 

[z1ggy]

"Am I under arrest?"

If the answer is no, then:

"Am I free to leave?"

Just cooperating is giving up your rights, but everyone has to judge each situation for themselves.

This is always a tough one. This comes up a lot when I see videos of people open carrying pistols in public, and get the cops called on them. In a state where this is legal (CT, TX, ME..Etc) you aren't committing a crime. So when this is said to police, you think you could just walk away.

However, most of the time they will nab you on "disturbing the peace" even though you can't technically disturb someone's peace if you are doing something legal.

So the cop could probably claim he had the right to detain him b/c said soldier was "disturbing his peace" by openly wielding a rifle, even though it is legal in that state.

It's like running a chainsaw at 8am on a Sunday morning. Most places their aren't any noise requirements at that time, but doing something like that, aka being an asshole, may get the cops called on you.

 

[Tweak155]

He forgot that he was supposed to film the hike, he says, and only remembered the camera after the encounter began.

That's in most of the accounts.

It doesn't matter anyway, we will see dash cam footage from the police, plus their audio recordings.

Where does he say that? You're making an assumption. He said he remembered the camera - which could have already been on, in a backpack, in his shoe... etc.

I'm not saying he didn't forget to turn it on - I'm just saying that isn't what he stated. Needs clarification.

 

[edro]

You normally don't start filming until something happens.
Why would he film his normal stroll down the road?
Same with road rage incidents...
Why film your whole drive?

You start filming when the issue arises.

I just can't believe these cops aren't aware of open carry.
That's their job and crucial to their line of work.

 

[edro]

At the same time, if a citizen calls in a complaint about a man walking down the road with an assault rifle, the cops should check it out and question him.
Forcefully removing his rifle isn't necessary unless he was exhibiting strange or threatening behavior.

At least he wasn't tazed, bro.

 

[Tweak155]

You normally don't start filming until something happens.
Why would he film his normal stroll down the road?
Same with road rage incidents...
Why film your whole drive?

You start filming when the issue arises.

I just can't believe these cops aren't aware of open carry.
That's their job and crucial to their line of work.

Did you even read it? He was supposed to be filming the hike as proof for his kid.....

Quote:

"(one of the requirements of the hiking merit badge is to document your hikes)"

 

[TwiceOver]

Dash cam will reveal all.

If the cop grabbed for it, probably not a good idea. But If I were an officer in that situation, I'd definitely be a little cautious of a guy carrying that weapon AND and handgun.