Unlawful detainmet?

Yes, it was an unlawful detainment.  No the officers didn't handle it very well.  I don't think that there was anything malicious going on here, just poor training/understanding of the law on the part of the officers.

The officers had every right to approach and question the man, in fact, given that they were responding to a call, it can be argued that they had a responsibility to do so.  While talking to him, they were within their rights to separate him from his weapons for their safety.  They did not confiscate them, they were simply moved away from him to keep everyone safe.  I have no problem with that.

They can ask him his name but, in Oregon, he has the right to refuse to answer.  Where they screwed up is that when he asked if he was detained, they said yes.  To detain someone the officer must have a reasonable suspicion that a law has been violated.  Note that I did not say R. S. that a crime was committed, a violation (traffic, jay walking, hell spitting on the sidewalk if there is a city ordnance against it) will do.

It is this last that makes me believe that this was a training issue, not a matter of the cops hassling him in a malicious manner.  If the cops knew the law well, but still wanted to detain him, they simply would have said that he was being detained on suspicion of brandishing a firearm (based on the call), littering, or whatever.  Then after 'investigating' they would have just let him go.  Here, they had a complaint and simply didn't know how to handle the situation.

Does that make it right?  Of course not, but it does not make them evil either...

Just my thoughts as a former cop.

Dave

I am all for the right to keep and carry guns.  However if you are walking around in the city with a rifle you have to expect that some people will be uneasy and call the cops.  When the cops come to check out the situation you should cooperate, I'm not saying that you should have to give up your rights but you shouldn't be hostile towards the officers.

911 (presumed) submitted a call for an unknown suspect armed in a public area.

Officer: He is to treat the suspect as dangerous. Due to the fact that he doesn’t know the suspect intentions and mental state.

·         Officer upon arrival disarmed suspect (Loaded weapon!, safety and security)

·         Identifies suspect (Warrants, age and identification)

After these are completed and the suspects is secured, then the suspects and officer can discuss rights… i.e. if he’s in violation of the law.

·         Weapons licenses

·         Disorderly conduct

·         Licenses to protest (Assuming that’s what he was doing)

·         Obstruction

Note: The officer responsibility is that of safety and security. Including the “suspect” because the officer doesn’t know if the suspect has mental issues, is on drugs or is suicidal. So we treat him as such till further clarified.