I did post a lot about it as it happened, or as things cleared court and I could safely talk about it.
You don't have to elaborate on your experience if you don't want to, Nyo but I am curious about further details.
This is super condensed, and I've tried to limit things that identify me.
Basically, I was going about my day with a gun carried openly. It's legal here, and it was how I'd carried for years. Usually it's a non-issue if anyone even notices.
I was approached by police and asked whether I wanted to step outside to talk. I offered to talk where I was, and they carried me out into the parking lot.
After about an hour of trying to find something to charge me with, realizing I hadn't broken a law, and debating whether to escort me back in to take care of business, one officer gets the bright idea to frame my offer to talk where we were as felony resisting and obstructing. He also suggests that my struggle to not fall on the ground or get trampled on the way out was being combative. Obviously, they had to take my gun for their safety. "la di da di da" When the lieutenant seemed hesitant, he tossed in that I was part of a gang known to the department. The lieutenant finally gave in and I was arrested.
I spent about three days in a holding cell, discovered I was being charged with felony resisting and possession of a firearm while in the commission of a felony; two charges, 2 years each, and no way to have it expunged later. No more guns. No more voting. I'd lose my job, and have a much harder time finding a new one. The end of my world as I knew it.
At the pretrial, the prosecutor's only evidence was the police report. We agreed to delay a few times to wait for more, and the police department finally turned over dashcam video and worn mic audio after about six months. Video showed their discussion and decision to arrest, and charges were immediately dropped "in the interest of justice."
We filed a federal lawsuit for deprivation of rights under color of law.
Without getting too into the back and forth of it, both sides filed motions for summary disposition; basically saying their case was so strong that we didn't need to take the court's precious time.
They misrepresented a conversation with dispatch, claiming they were told I had a "gun in a backpack" and that was the basis for non-consensual contact.
I have recordings of radio communications where dispatch described me as having "a backpack and a gun," the lieutenant called in for confirmation that the gun was in a backpack, and the dispatcher replied that they were unable to confirm.
They knew before approaching me that the reason they would use to justify their use of force was a lie. Maybe they hoped we could have a "consensual" encounter and they wouldn't have to justify anything.
Without cause for a stop, the application of force and subsequent arrest was unlawful.
Instead of listening to the recordings or recognizing the contradictory statements of fact in our opposing motions, the judge granted summary disposition to the defendants, stating that there was no disagreement on facts. I didn't have resources to appeal, so that was pretty much the end.
I ran out of money in a pay-to-win system.
Is there any statute of limitations (or something similar) on that? As in, could you appeal it now if you had the money?