Cleveland Heights Ohio Gestapo NAZI Police Order Citizen to Ground at Gunpoint For Open Carrying

Cell Phone Video of Gestapo NAZI Cleveland Heights Police Officer Theodis Porter (Unit# 1761) and Officers Falisa Berry (Investigator with 16 years experience with Cleveland Heights Police Department) and Officer Hood (Unit #1169) Terrorizing their Citizens for simply exercising their rights on 07/04/09 at approximately 1730. In the end they let me go with no charges filed and returned my gun.

For people that don’t know, the carrying of firearms openly (unconcealed) is a legal activity in Ohio and does NOT require a permit. Unfortunately, the officers of the Cleveland Heights Police Department did not know the laws they were hired to enforce.

The case was settled for an undisclosed amount provided they institute an educational policy training their law enforcement officials on Ohio Firearm laws (including ORC 9.68.) I wish I could have taken the case all the way to the Supreme Court and make case law, but I did not have the financial resources to do so. I would like to thank the 3 people that donated to my case.

http://sueclevelandheights.chipin.com/open-carry-lawsuit-against-cleveland-heights-police

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Post Author: mark

26 thoughts on “Cleveland Heights Ohio Gestapo NAZI Police Order Citizen to Ground at Gunpoint For Open Carrying

    cassidy99ful

    (February 17, 2010 - 3:42 pm)

    open carry is legal.
    open carry is legal.

    jawbone83

    (February 17, 2010 - 3:42 pm)

    well if that a …
    well if that a fight the forefathers wanted to take on, then thats a fight im willing to take on to continue their legacy. give me liberty or give me death.

    wpbdustin

    (February 17, 2010 - 3:42 pm)

    The assumption of …
    The assumption of someones intention is left to the opinion and interpretation of those who would potentially judge the persons actions. Im not disagreeing with you, but the fact is open carry could bring you charges, maybe not conviction, but either way it would be a hassle to experience. CCW is still exercising your 2cd amendment right and would eliminate the above and the chance of an of an ignorant officer responding to your location and pointing a deadly weapon at you.

    jawbone83

    (February 17, 2010 - 3:42 pm)

    in our legal system …
    in our legal system, we cannot be held liable for the reactions of others to our legal actions assuming our actions are not intended to foster those reactions. ie yelling “fire” in a crowded movie theatre is not protected by the first amendment (assuming there is no fire).

    wpbdustin

    (February 17, 2010 - 3:42 pm)

    under o.r.c. open …
    under o.r.c. open carry could be disorderly conduct, if someone calling the police could articulate that they felt physically threatened by your presence, then you could be charged. or it could be inducing panic, walking down a busy street in c.h. would cause numerous people to call 911, if callers articulated that they felt you were going to comit a violent offense then you could be charged. dont blame the cops, most are pro carry and just trying to keep the streets safe.

    BlaqueJezus

    (February 17, 2010 - 3:42 pm)

    I live in Canton …
    I live in Canton which is about an hour south of Cleveland… I wonder if I would get treated like this for open carrying… I might test this theory out.

    geniusiknowit

    (February 17, 2010 - 3:42 pm)

    @BlaqueJezus
    This …

    @BlaqueJezus
    This is one of the first steps to getting more people to open carry…. A lot of people who wish to open carry have concerns over harassment by police.

    geniusiknowit

    (February 17, 2010 - 3:42 pm)

    @BlaqueJezus
    I …

    @BlaqueJezus
    I think someone did call the police. But to say what? “There is a man with a gun walking down the street?”
    Walking down the street carrying a gun is not a crime.

    BlaqueJezus

    (February 17, 2010 - 3:42 pm)

    Oh I get it, they …
    Oh I get it, they didn’t have the reasonable suspicion that he was committing a crime to stop him. They say people called the police about him but we don’t know if that’s true.

    BlaqueJezus

    (February 17, 2010 - 3:42 pm)

    Hrm… you do got …
    Hrm… you do got me there. That is a broad analogy though. I could go as far to say maybe they would if there were a known large amount people who did not have their license and were driving? We live in an age were the bad apples have completely ruined it for us. After thinking about it more, I think that if we could get more responsible people to open carry then the one guy walking down the road with his gun on his hip wouldn’t look so out of place.

    geniusiknowit

    (February 17, 2010 - 3:42 pm)

    @BlaqueJezus
    Cops …

    @BlaqueJezus
    Cops should pull over every single person they see driving a car, to make sure that person is not driving on a suspended license.

    energyxprt

    (February 17, 2010 - 3:42 pm)

    Cops have no clue. …
    Cops have no clue. They don’t read the laws and they assume everyone is a criminal. The difference between todays cops and 50 years ago is apparent. Most of them are rude and on power trips. How do they expect the public to respect them when they speak to this guy they way they are. They simply could have said we are checking to see if you have a felony and send him on his way. Its very sad to see the decline of America right here on youtube.

    lasko24

    (February 17, 2010 - 3:42 pm)

    well common sense …
    well common sense should tell them if hes open carrying more than likely hes a law abidding citizen cause a person whos not allowed to have guns wouldnt be carrying it openly abd the woman cop sure dont know the laws cause it says you dont need a permit or licence to open carry in ohio

    Blupitowner

    (February 17, 2010 - 3:42 pm)

    fucking pigs!!!! WE …
    pigs!!!! WE HAVE AN OPEN CARRY RIGHT. What morons. You also DO NOT HAVE TO PROVIDE ID. Your name and county of residence is all. There was NO suspicion of any crime here. Nice work sticking it to them, hope you got paid big. Use your right or you will lose it!!

    BlaqueJezus

    (February 17, 2010 - 3:42 pm)

    Its not lawful if …
    Its not lawful if you are a felon or under disabilty, so they should ask for ID and if you are neither of those you should be allowed to be on your way. Like I said, the female officer should have stopped talking to him about it. The other officer was just checking to make sure he was not under disability.

    jbrgnii

    (February 17, 2010 - 3:42 pm)

    Should officers be …
    Should officers be able to stop and id you for ANY lawful activity? No.

    BlaqueJezus

    (February 17, 2010 - 3:42 pm)

    Hrm…. the female …
    Hrm…. the female officer should have kept her mouth shut. I understand why he was stopped. I really don’t see the problem if the cops see someone open carrying the should ask for id to make sure they are not a felon or under disability. I completely understand them detaining asking him to get on the ground to protect themselves. But after they run the check that should be that. The female officer should not have engaged in banter with this guy.

    thomjeff1776

    (February 17, 2010 - 3:42 pm)

    So youre saying …
    So youre saying that we shouldnt be able to protect ourselves and that we should rely on beurocrats to do it even though supreme court rulings staight its not an officers duty to protect citizens If you dont exercize rights you lose them an armed societies a polite society As far as police shooting people who have rights it happens all the time thats why Im behind open carry Government is not reson it is force like fire it makes a dangerous servant and fearful master Washington

    mtnlogistics

    (February 17, 2010 - 3:42 pm)

    i’m not arguing …
    i’m not arguing that we should not bear arms as citizens, i do see the importance of this. what i am arguing about is the fact that some nut jobs like the one in this video take it a step further by walking around public with loaded weapons. no matter how you look at it, it is an irrational and borderline paranoid mentality. i hope next time this happens the cops shoot these people and tell the press they were acting in self-defense. let’s see them sue the police department when theyre dead.

    milkmood

    (February 17, 2010 - 3:42 pm)

    Am I high?? If you …
    Am I high?? If you don’t have a real argument, you start tossing out ad hominems because somehow personal attacks get your point across ?? Typical left wing extremist, blinded by emotion, without an iota of common sense.

    I don’t disagree that the cops should check him out, but their approach was extreme, and heavy handed. They’re abusing their power with little regard for the man’s rights or respect for him as a law abiding citizen. They are being sued by the way, and rightfully so.

    milkmood

    (February 17, 2010 - 3:42 pm)

    You seem to have a …
    You seem to have a habit of labeling other people, but you don’t realize you’re doing a good job of labeling yourself. I’m not an NRA member, but I open carry because some day, some “pansy liberal” like yourself may need your life saved from a REAL threat…because apparently you value an evil-doer’s life above your own.

    thomjeff1776

    (February 17, 2010 - 3:42 pm)

    The rigt right of …
    The rigt right of the people to keep and bear arms is absolutely necesary in a free society… Thomas jefferson, try again asswipe. What do the polpots the Mao tsetungs the Hitlers and Stalins do…Disarm! in ancient Rome slaves did not own swords. I find it disheartening that an American would think it ok for government beurocrats to own guns but private citizens cant. I wonder what would have happened to all the jews who were being rounded up for Aushwitz if they had guns. Molon Labe!!!

    mtnlogistics

    (February 17, 2010 - 3:42 pm)

    people like this …
    people like this guy are idiots. the amendment which gives us the right to bear arms was written over 200 years ago. the pupose of the right was for us citizens (back then) to protect ourselves and our land from foreign invaders. we have a military now and do not need to own firearms just because we can. I’m all for owning a weapon to protect your family and home, but what sense does it make for me to walk around (even with conceal carry permit) a neighborhood or public place with a gun?

    mtnlogistics

    (February 17, 2010 - 3:42 pm)

    furthermore, i’m so …
    furthermore, i’m so sick of these NRA gun loving idiots. i am not a “pansy liberal” i happen to own two firearms, however i do not walk around town with them “because it is my right.”

    mtnlogistics

    (February 17, 2010 - 3:42 pm)

    yes, CLEARLY it was …
    yes, CLEARLY it was racially motivated lol. are you high? maybe they responded the way they did because a guy was walking around the neighborhood with a gun in plaine sight. ANY cop should stop someone like that.

    Former LEO

    (February 22, 2010 - 10:17 pm)

    Mtnlogistics, what you seem to miss is the fact that the guy was engaging in a perfectly lawful activity. Police may only detain you if they have a REASONABLE believe that you are involved or are about to be involved in criminal activity. I don’t know what the callers to HQ said this guy was doing (if anything). Judging from the remarks on the video, I’d say they said little or nothing, other than “a guy with a gun is walking down the street”. Police expect citizens to know and obey the law – citizens have the right to expect and demand no less from law enforcement. These cops SHOULD HAVE KNOWN this guy was breaking no law. “I thought” is no excuse. “I didn’t know” is no excuse.

    Although you (apparently) do not like it, the fact remains that a cop is no more entitled to stop an open carrier of a weapon, who is doing NOTHING ELSE, than he is entitled to stop a person driving an automobile, who is doing NOTHING ELSE. Both are engaging in lawful activities; both are breaking no other laws. Unless he has a REASON to believe the walker/driver is breaking a law, that’s it. It’s over. He goes by without being stopped. CHPD got schooled this time. The agreement is confidential, but the Open Records request will be filed soon. The city will have no justification for keeping it confidential. It will come out, and we will find out how much of YOUR tax money went to settle this claim by a guy who was stopped for obeying the law.

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