In the above case Pleasanton PD supposedly wrongly arrested someone after they had a rifle the police weren't sure was legal or not. According to the person arrested, "Pleasanton police weren’t so sure. “There were multiple cops on the scene, all making phone calls, talking, books on top of hoods, on the back of the cars, everyone’s got paperwork out,” said Haynie.
You would think if they couldn't figure out if it was legal or not they would only take the weapons in the meantime and file a case down the road if necessary. What happened to discretion?
In the end, "the Alameda County District Attorney did not file charges against him, and Pleasanton police paid him back his bail" and issued this statement:
“Following the lawsuit filed by Mr. Haynie et al., the Pleasanton Police Department has taken steps to better educate its officers regarding identification of prohibited assault weapons.” That litigation was promptly resolved between the parties with no admission of liability by any of them.”
Oopsie, and yeah I wouldn't think the supposedly wrongfully arrested person would have much liability.
Posted by Sam, a resident of the Oak Hill neighborhood, on Jun 22, 2012 at 9:49 am
Pro-Law: "You would think if they couldn't figure out if it was legal or not they would only take the weapons in the meantime and file a case down the road if necessary. What happened to discretion?"
You obviously didn't carefully read your own linked news story, Pro-Law. The Pleasanton police did "figure it out": After much effot, they determined that the military-style, semiautomatic was illegal. It turned that they were mistaken, but as the story points out the blame lies not with the Pleasanton police but with the laws concerning what is and what is not an illegal assault weapon. As the story points out, even the Attorney General was confused. The responsibility for sorting all this confusion out rests with the Attorney General and lawmakers. If you want to assign blame, that's where the focus should be not on the Pleasanton police, who are merely doing their best to enforce a confusing law.
Posted by Excuses, a resident of the Ironwood neighborhood, on Jun 22, 2012 at 10:04 am
A quick call from the Pleasanton Police Department to the AG's office could have cleared it up before the arrest took place, the handcuffs were put on, and the person was hauled off to jail. Cell phones are great.
Posted by Sam, a resident of the Oak Hill neighborhood, on Jun 22, 2012 at 11:24 am
Excuses said: "A quick call from the Pleasanton Police Department to the AG's office could have cleared it up before the arrest took place, the handcuffs were put on, and the person was hauled off to jail. Cell phones are great."
You didn't read the article either. It said that even the Attorney General was confused about the law on this issue.
Posted by Ben, a resident of the Vintage Hills Elementary School neighborhood, on Jun 23, 2012 at 12:17 am
This is ridiculous and sadly par for the course with ppd. This wasn't a situation where anyone was in danger so they could have taken the weapon and then recommend charges when they decided for sure it was illegal. If they had handled it this way, this law abiding gun owner, which the constitution says he can be, would have been spared all the grief this whole incident caused. If I were ever wrongly arrested, it would traumatize me which is probably why most of us make sure we never do anything to get arrested.
Bottom line is that these officers mostly arrogant jerks who don't like most of us and don't live among us. You can't even imagine what I've been through by following the letter of a court order only to have them refuse to enforce it as if they were the judicial branch and the ones responsible for making these orders. They ate required to enforce the law, but sadly, and as this case points out, they'd rather turn themselves into rogue legislators and arm chair judges rather than to admit they got it wrong. And just do you all know, out chief and city manager allow senior level people, like those left in charge, to refuse to come to the scene when asked by a citizen.
This is based ony living here for 30 plus years. Years ago things were different, but now they drive around with chips on ther shoulders and on huge power trips. This alone may be the reason weave to San ramon or Danville.
Posted by Steve, a resident of the Parkside neighborhood, on Jun 23, 2012 at 7:58 am
Lets use reason here. First, it is our GOD given right to own guns. Second, this guy was probrably sent by the holy emeer Obama the Salama to kick up dust in our community and distract us from overpaid incompitant teachers indocrinating our children with liberal Marxism ideeology. Third, maybe the guy is a terrorist. Taking his gun away wont help because theirs two many box cutter tools hanging around our hardware stores. Therefore: DOWN with pubic school teacher pensions.
Posted by Sam, a resident of the Oak Hill neighborhood, on Jun 23, 2012 at 8:36 am
Ben said: "This is ridiculous and sadly par for the course with ppd. This wasn't a situation where anyone was in danger so they could have taken the weapon and then recommend charges when they decided for sure it was illegal."
Someone is riding around Pleasanton carrying with an apparently illegal AR-15 assault rifle and you don't think that anyone was still potentially in danger if the Pleasanton police just released him without arresting him? Did it occur to you that if someone with an illegal assault rifle in their car might have other illegal weapons stashed away in their house or elsewhere?
As it happened, the gun was in fact legal and the person was a law abiding citizen, buttrue to the confusing nature of the assault rifle law the Pleasanton police were not able to make that determination at the time of the arrest. For all they knew at the time, the gun may have been an illegal assault rifle and the person might have been... well... the type of person who goes around carrying illegal assault rifles. The response of you and others here would be to simply let the person go??? I wonder what kind of armchair quarterbacking you would be doing if such a person went back to his house, got another one of his illegal assault rifles and went on a rampage in Pleasanton? You and the others here would probably posting comments saying how in competent the Pleasanton police were in just taking away the person's assault rifle and not arresting him. You would be saying that the Pleasanton police did not err on the side of caution.
Thankfully, armchair quarterbacks like you are not in charge. I don't know why some of you have some knee-jerk need to criticize the PPD when in fact they do a pretty good job for our community. In this particular case, given the facts known at the time of the arrest, they acted entirely appropriately in taking both the weapon AND placing the person under arrest and in custody until the facts could be sorted out. If you want to blame someone, then blame the lawmakers and the Attorney General for not making the illegal assault weapon laws clearer.
Posted by lance grenamyer, a resident of the Another Pleasanton neighborhood neighborhood, on Jul 3, 2012 at 7:33 pm
today my dog and i were detained put on a curb in the sun for over an hour. i was detained and threatened with arrest because i rode in a vehicle not driving but riding! this vehicle had a expired registration tag. i was going to help a neighbor with his truck that wouldnt start less than a half mile from my home. i was searched and questioned and cited for not having proof on my person of dogs vaccinations. WAY TO GO police no good dead shall go unpunished. last time i checked the 4 & 5 ammendmamts still apply in pleasanton. but ill have to look again because i recieved no liberty to them. disgaceful to the oath taken to upholdj the constitution.