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  • SirRealism

    Master
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    Nov 17, 2008
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    UPDATE: After several continuances, Mark Fiorino finally got his day in court. In his criminal trial yesterday, he was found not guilty on the trumped up charges of Reckless Endangerment & Disorderly Conduct.

    Arrested by the Philadelphia Police for Open Carry - Page 301

    From the looks of the amateur transcript, the trial was fairly short. Evidently the judge told the DA, "I simply can't find him guilty."

    For the next round (a potential civil case), Mark appears to have the support of the ACLU.
     

    Hammerhead

    Master
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    Jul 2, 2010
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    Bartholomew County
    If you don't want to sign in at the PAFOA, you can read the complaint at the bottom of the ACLU Press Release.

    I only knew of the "third incident" as it'd been talked about here. They really had it out for the guy, didn't they?
     

    SirRealism

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    Nov 17, 2008
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    If you don't want to sign in at the PAFOA, you can read the complaint at the bottom of the ACLU Press Release.

    I only knew of the "third incident" as it'd been talked about here. They really had it out for the guy, didn't they?

    I didn't realize that you had to be logged in to PAFOA... I joined back when the incident happened.

    Yeah, they had it in for him. It's really sad that they sought retribution through trumped up charges.
     

    Titanium_Frost

    Grandmaster
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    32   0   0
    Feb 6, 2011
    7,601
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    Southwestern Indiana
    How much does interstate legislation and case law really affect things like this? Hopefully winning a good case here can help the poor subjects of places like this where perfectly legal activities are hassled and frivolous charges are filed.
     

    PA2Ind

    Marksman
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    Jan 30, 2011
    142
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    St. Joseph Co.
    Hopefully winning a good case here can help the poor subjects of places like this where perfectly legal activities are hassled and frivolous charges are filed.
    Nice thought, but ppd damn near invented stop and frisk.:noway:
    Sadly this kind of thing is typical of PPD, they are generally over agressive and hostile.( this comes from a guy with family and friends on philly pd).
     

    Classic

    Master
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    Aug 28, 2011
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    Madison County
    Put It On The Web

    I'd recommend recording directly to the internet vs. on the phone itself. Even if they were to erase or destroy your phone they can't get to the net copy. There are free apps for this. I now have one on the front page of my Droid phone. One Droid app that does audio and video direct to the web is called QIK Video and it's free!
     
    Rating - 100%
    11   0   0
    Dec 14, 2011
    1,632
    38
    ECI
    All I can say is :wow:

    Hope he wins big.

    With a shocking altercation between Philadelphia police and a 25-year-old IT worker putting the spotlight back on open-carry gun laws, local authorities are warning gun owners that they will be "inconvenienced" if they carry unconcealed handguns in the city.

    So they are pretty much just coming out and telling people that they are going to break the law and unlawfully detain them in a public statement? Well if they didn't prove that they were flipping stupid before then this sure does.
     
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    Classic

    Master
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    0   1   0
    Aug 28, 2011
    3,420
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    Madison County
    Where do they find officers like this? If LE wants folks to cooperate with and support them this kind of behavior is wrong headed. This wasn't just one officer either, it was a whole group, apparently supported by the local Prosecutor. Every video/audio like this erodes voluntary support terribly.
     

    finity

    Master
    Rating - 100%
    1   0   0
    Mar 29, 2008
    2,733
    36
    Auburn
    I don't think that the city & it's employees should just be required to pay a SIGNIFICANT amount of money in this case. I think they should be brought up on SOME sort of criminal charges.

    The worst thing in a "free" society is the state backed abuse of authority against innocent people. If that doesn't warrant criminal charges then I believe THEY have won.

    The city will just pass on the costs of the judgement to the taxpayers. If there is no personal & SIGNIFICANT punishment to the individuals involved then there is NO INCENTIVE to change their behavior.

    I say if the guy wins then lock up all of the JBT's involved to teach all the others a lesson in civics.

    WE are the masters. They are the EMPLOYEES.

    I can't believe how there are so many LEO's & their departments who think that it's OK to act like this & do it in PUBLIC & then justify it with PUBLIC statements.

    :xmad::xmad::xmad:

    I'm am SO glad that Mr. Fiorino had the recording device as proof of these acts. Those cops & their bosses need a SMACKDOWN.

    If this guy doesn't win (& win BIG) then there really is no hope.
     

    A 7.62 Exodus

    Expert
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    31   0   0
    Sep 29, 2011
    1,164
    63
    Shreveport, LA
    I find it interesting how one of the cops says "He's setting us up" MEANING, the @$$hole realizes he's doing something that could backfire in a court. Philly's finest.....
     
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    indymike

    Marksman
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    32   0   0
    Jun 29, 2009
    211
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    I read a review of this case on Jon Turley's blog and one of the comments noted:

    "What he means is that there was an internal policy of the police department that said you must conceal. That policy was changed in September 2010 (because the police department realized it was not in compliance with the actual law) so that it now said that open carry was legal with a license to carry firearms. However the department failed to train its officers on that new policy.."

    That's why law firm of McCausland Keen & Buckman pounced on this along with the ACLU. When it's an institutional failure, a civil case win is almost a http://www.mkbattorneys.com/slam dunk.
     

    PA2Ind

    Marksman
    Rating - 0%
    0   0   0
    Jan 30, 2011
    142
    16
    St. Joseph Co.
    I read a review of this case on Jon Turley's blog and one of the comments noted:

    "What he means is that there was an internal policy of the police department that said you must conceal. That policy was changed in September 2010 (because the police department realized it was not in compliance with the actual law) so that it now said that open carry was legal with a license to carry firearms. However the department failed to train its officers on that new policy.."

    That's why law firm of McCausland Keen & Buckman pounced on this along with the ACLU. When it's an institutional failure, a civil case win is almost a http://www.mkbattorneys.com/slam dunk.


    :bs: They always say that not knowing the law is not a defense, but they can claim to not know the law?! Its their job to know the law! Besides, I know for a fact to keep their police cert all PA cops have to take a certain amount of inservice/law updates classes every year. They knew, they choose to enforce their own opinons.
     

    indymike

    Marksman
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    32   0   0
    Jun 29, 2009
    211
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    :bs: They always say that not knowing the law is not a defense, but they can claim to not know the law?! Its their job to know the law! Besides, I know for a fact to keep their police cert all PA cops have to take a certain amount of inservice/law updates classes every year. They knew, they choose to enforce their own opinons.

    I think the point of that guy's post is that they obviously did not know the law and no, that is not a defense. And they will soon find out from the highest ranks on down the consequences of not knowing the law or not training your staff to know the law.

    I have no doubt that if the leadership had held inservice/law updates regarding open carry in the city, they would have no problem leaving one or two officers out to dry. They would prove in court that the training was provided and the officers acted in opposition to it. They (the institution) would have a better case in civil court if that were true.

    There are some really big guns on Philadelphia PD now with that law firm and the ACLU. So if these guys really did impose their own opinion or it was a failure of leadership, they are about to get the smackdown from the voters who will have to foot the big bill coming.
     

    PA2Ind

    Marksman
    Rating - 0%
    0   0   0
    Jan 30, 2011
    142
    16
    St. Joseph Co.
    Well PA requires inservice/law updates to keep their cert. What those updates consist of are decided by the commonwealth. And since OC'ing is usally a non issuse in most of the state, they prob dont think to add it.

    They give Philadelphia an exception(OC within city limits, ONLY if you have a license) from the rest of the state, because of its size. I can foresee that happening with Chicago, IF a carry law is ever passed in IL.
     
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