Friday, September 13, 2013

WI:Appleton PD Refuses to Investigate Rights Violations Against Second Amendment Activists

 Photo by Oleg Volk

In spite of YouTube video and audio showing numerous rights violations as well as conspiracy to violate those rights, the Appleton PD doubles down.    There will be no investigation of the incident where second amendment activists were detained at gunpoint and handcuffed without reasonable suspicion or probable cause last Saturday.  From the Appleton City Website:

Due to the nature of the call, combined with the officers’ observations of the subjects walking toward the farm market armed with rifles, they were briefly detained at the scene. The firearms were identified as AR-15 rifles. Both subjects told officers they were also wearing concealed handguns. The individuals indicated they were walking to the Downtown Appleton Farm Market and were exercising their right to open carry the AR-15 rifles. They possessed the proper paperwork for the concealed handguns on their persons. After determining the subjects did not intend to harm people and were legally able to possess the aforementioned weapons, the individuals were allowed to leave.

The Appleton Police Department has no ongoing investigation and considers the issue resolved.
 I wonder what the officers told their administration?   Did the administration even bother listening to the audio file?   The file clearly shows the officers conspiring to violate Charles and Ross' first and second amendment rights.  They  continued to violate their 4th amendment rights long after determining that they were no threat and were not committing any crimes.   It is clear that the officers had no reasonable suspicion to detain them.  

This is too bad.  The administration had an excellent chance to nip this in the bud, cheaply, with some much needed training and an investigation into what happened.  Instead, they have chosen to put their head in the sand and hope it will all go away.

There is plenty of precedent that it will not go away.   There have been several settlements already.    I do not know the individuals involved, but they seemed to be prepared activists.  I wish the Appleton PD had done their homework.  This could have been quick and easy.    Now I suspect that the people of Appleton will end up doling out some cash, and the administration of the PD will be made to look foolish.

Link to original article with links to video and audio

Link to Appleton City website

Link to open carry cash settlements in Wisconsin

 ©2013 by Dean Weingarten: Permission to share is granted when this notice is included.


Unknown said...

A lawsuit is the only cure for law enforcement abuse of our Constitutional rights. If they won't learn voluntarily, make them suffer financially.

Anonymous said...

What is funny about this is that the Appleton PD even has a PDF of FAQs about CCW that states the following:

Does the open or concealed carry of a firearm constitute disorderly conduct?
Generally no. Unless the facts and circumstances indicate a malicious or criminal intent, a person may not be charged with an ordinance or criminal offense of disorderly conduct for going armed with a concealed or openly carried firearm. Wis. Stat. §§ 947.01(2) and

Maybe the police should be required to read the FAQs.

Anonymous said...

Yes, and we (taxpayers) in Appleton will have to pay for the stupidity of "our" police force!

Pat H. said...

As Kevin Smith says, this is grounds for a lawsuit, first state court, then federal court if the state blocks their suit.