Paulding Deputies Respond to Motion for Summary Judgment
The Paulding County Sheriff’s deputies being sued by GCO member Luke Woodard for arresting him illegally for carrying a concealed weapon have responded to Woodard’s motion for summary judgment. Their brief can be viewed here.
June 23rd, 2009 at 4:55 pm
“Accordingly, because the undisputed facts demonstrate that at least arguable
probable cause existed to arrest Plaintiff for disorderly conduct, his Motion for
Summary Judgment should be denied.”
Arguable probable cause? Carrying a gun isn’t probable cause. No one was threatened with the gun he carried. He was driving away with no one threatened. WHAT WAS THE ARGUABLE PROBABLE CAUSE?!?
June 25th, 2009 at 7:33 am
It might have something to do with the multiple 911 calls.
June 25th, 2009 at 7:40 am
Someone may call 911 for walking down the street in front of their house, but that doesn’t give probable cause for the police to stop them, search them, and arrest them.
June 25th, 2009 at 9:22 am
I doubt law enforcement would be dispatched for a “walking down the street in front of house” call. What if they were walking back and forth in front of the house, with no shirt, tattoos, constantly ‘adjusting’ a weapon stuck down in the back of their jeans? If your wife, girlfriend or daughter called you up and explained that situation, would you just tell em there is no law broken and to just ignore them?
Maybe you need to read a little more about the 911 calls in this case. They were not calls that a man was walking down the street. When someone’s actions causes multiple calls, by multiple people, to 911, do you not think there may be suspicious activity going on?
I am not saying that after the police arrived and discovered what was going on, they still should have arrested him but, I try to see both sides and not just, cops are all bad.
I carry openly ALL the time and have never had a problem. Of course, I have never tried the ‘gangsta’ carry method.
June 25th, 2009 at 10:22 am
I AM saying that after the police arrived and discovered what was going on, they still should NOT have arrested him. My point, which you seem to have missed, is that it is as illegal to walk down the street, as it is to carry a gun openly. You don’t need a permit for either.
“If your wife, girlfriend or daughter called you up and explained that situation, would you just tell em there is no law broken and to just ignore them?”
They’re armed and have comon sense. We don’t call 911.
June 25th, 2009 at 10:53 am
He was not arrested for carrying a gun openly.
June 25th, 2009 at 10:57 am
If Mr. Woodard would have had common sense we wouldn’t be having this discussion.
June 25th, 2009 at 12:01 pm
“If Mr. Woodard would have had common sense we wouldn’t be having this discussion.”
I concur.