I am sorry I have not previously mustered the courage or motivation to post an update. Frankly, I was frightened out of my wits for some time after I was arrested in Allentown, Pennsylvania on May 11 of this year. Only recently have I started to feel something approaching normal again.

The original charge that might have carried eight years in federal prison was dropped around May 28th. The probable cause hearing for that was supposed to be on May 25th I believe, but they canceled it. New charges were filed shortly afterward, much reduced charges, but the initial hearing for these new charges didn’t happen until June 22nd. So my family and I were subjected to the stress of 6 weeks of house arrest, complete with ankle monitor. Two of those weeks occurred while the state ran out the clock on showing probable cause for their May 11th arrest of me. The other four weeks transpired after the charge that prompted the house arrest had been dropped.

The June 22nd initial appearance for the new charges took place inside the Allentown federal building. The magistrate was the same one who signed both complaints against me and pre-sentenced me to house arrest. However, a mood change accompanied the reduction in charges. The ankle monitor was removed. The weekly drug test was removed. Bail was reduced from $50,000 to $10,000. And I was allowed to travel the continental United States without asking for permission. My passport and firearms were still retained by the same marshals who had arrested me. I still have to report to the court’s representative on a regular basis.

Trial for the reduced charges is set for August 26th. That’s where the case is at now.

Around 160 very generous people have raised more than $6,000 for my legal defense. I am in awe. I don’t know how I am going to repay you all. Thank you so much.

The community at Reddit has really backed me up. The majority of the donors found me through Reddit. Reddit is one of the best online communities around. Join them and participate.

I have received many expressions of support and large donations from libertarian friends. The ad hoc libertarian mutual aid network works! You guys rock.

Some very excellent friends visited and called me while I was under house arrest. They made the burden manageable and I thank them.

Around 30 passionate activists mounted a protest in front of the Allentown federal building on June 4th. They marched through Allentown and even secured media coverage, including a local TV station that videotaped at the same location where I was arrested.

There has been significant online coverage from libertarians and one notable civil libertarian. I’ll post a list of all the coverage later on. I am deeply indebted to all of these great people.

As a result of this incident, my family’s planned move to New Hampshire, which was only 6 days away at the time of my arrest, had to be postponed. My family and I are still committed to moving. We’re weighing our options but expect to resume our plans no later than May 2011.

Things appear to be improving. I hope to be done with this matter soon so my family and I can move on with our lives. Thanks to everyone for your support.

P.S. Rich Paul is currently suffering in a cage in Keene, New Hampshire, accused of rattling his chains in court (among other things). I know Rich. Rich is a kind, responsible man and an outstanding libertarian activist. Please read his story and donate to his legal defense if you are moved by the injustice being perpetrated against him.

Photo credit: woodleywonderworks. Photo license.

• i very much like the current phrase "sovereign debt," which. Captain Capitulation, eye of the storm (2010-05-21). i very much like the current phrase "sovereign debt," which appears simply to mean government debt. but it's hard not to hear it as "the debt which exercises complete, legitimate power over each of us." and hard in turn not to see this as a kind of summary of human... (Linked Friday 2010-05-28.)

• Should Whites-Only Lunch Counters Be Allowed? Sheldon Richman, Free Association (2010-05-28). Okay, let's get right down to it. Our side is asked, incredulously, "Do you mean that someone should be allowed to have a whites-only lunch counter?"The standard libertarian answer is, "Yes, although I don't approve of the racist policy."I say, "No. He shouldn't be allowed."What?! Heresy!Chill out.He shouldn't be allowed,... (Linked Friday 2010-05-28.)

• Update on Julian Heicklen’s 2010-05-25 arrest. bile, blog of bile (2010-05-27). http://a072-web.nyc.gov/inmatelookup/inmateDetailAction.do?bookcasenumber=7001000078 Julian_Heicklen_inmate_details_-_2010-05-27-1232.pdf Inmate Details: Julian Heicklen NYSID: 02569223L Age: 78 Sex: Male Race: White Height: 5 ft 10 inches Weight: 195 lbs Hair Color: White Eye Color: Brown Nativity: Unknown Booking Information: Book & Case Number: 7001000078 Facility: Anna M. Kross Center Arrest Date: 2010-05-25 Arrest Number: WARRANT Next Court... (Linked Friday 2010-05-28.)

• State Backs Off. Roderick, Austro-Athenian Empire (2010-05-29). Good news – as far as it goes – for civil liberties in Malawi, as their president has (reluctantly) pardoned a same-sex couple, Steven Monjeza and Tiwonge Chimbalanga, who’d been sentenced to 14 years of prison for their role in the country’s “first recorded public activity for homosexuals.” The pressure... (Linked Saturday 2010-05-29.)

• Sustainable Food and Privilege: Why is Green Always White (and Male and Upper-Class) Guest Contributor, Racialicious - the intersection of race and pop culture (2010-05-20). by Guest Contributor Janani Balasubramanian When asked to name the heroes of food reform and sustainable agriculture, who comes to mind? Michael Pollan, Joel Salatin, Eric Schlosser, Peter Singer, Alice Waters maybe? Notice any patterns? The food reform movement is predicated on rather shaky foundations with regards to how it... (Linked Saturday 2010-05-29.)

• Getting it Backward. Kevin Carson, Center for a Stateless Society (2010-05-27). You can learn a lot about people’s unstated assumptions just by looking at the way they frame their questions.  Take the debate over genetically modified foods, for example.  It’s generally presented as a controversy over whether the government should “allow” GM foods to be sold without proper labeling.  But that’s... (Linked Saturday 2010-05-29.)

• Rand Paul and Positive Law in a Stateless Society. Brad Spangler, BradSpangler.com (2010-05-20). I’ve previously mentioned one of the biggest drawbacks of a reformist approach to implementing libertarian ethics is that politics makes you stupid — because by looking at things in terms of government policy, you tend to lose the ability to explain and advocate something very important. Now Rand Paul is... (Linked Saturday 2010-05-29.)

In what could be a legal test case, Nathan Michael Wilkie, 19, faces one charge of offensive behaviour after police arrested him while he was listening to music by underground rapper Kid Selzy on his car stereo.

Wilkie was parked outside a supermarket in Timboon, near Warrnambool, waiting for his mother, when he was arrested.

The Warrnambool Magistrates Court heard Wilkie was listening to rap with explicit lyrics such as “shut your f . . . . . . mouth bitch, f. . . motherf. . . . .”

The court was told the arresting officers found the music offensive and derogatory to females.

Mr Wilkie allegedly told officers: “You’re a joke, go do some real police work”.

The teenager is believed to be the first person charged under Australian law with offensive behaviour for listening to music.

Wilkie plans to plead not guilty when his case continues on June 11.

In a statement, Wilkie said he was thankful to have the support of Kid Selzy, who planned to attend the June hearing.

“As Selzy said, `I know what I mean and the people who buy it know what I mean, and that’s what really matters’,” Wilkie said.

“I have lost two of my best mates in the last couple of years in tragic circumstances and I feel that listening to his music relates to life.”

Kid Selzy, who gave his real name only as Jack, said he was astounded at the arrest. “It’s a joke that some kid’s been arrested for doing something that’s not illegal,” he said.

“It’s not illegal to have your windows down or to buy a CD. It seems to be a waste of taxpayers’ dollars. If profanity’s not your thing, don’t listen.”

And South Australian Attorney General Michael Atkinson, gets his Christian religious crazy on, yet again.

A GROUP that says video games and violence are like smoking and lung cancer has received tens of thousands of dollars in funding from SA Attorney-General and outspoken R18+ game critic Michael Atkinson.

An expert from the Australian Council on Children and the Media this week told a TV news program the link between violent games and youth violence was stronger than tobacco and cancer.

“It’s much greater than the effect of smoking on lung cancer,” psychologist Dr Wayne Warburton said.

It’s the strongest claim yet in the war of words over video game ratings which has heated up after a call for public input on the issue that drew 55,000 submissions.

A spokesman for Mr Atkinson told news.com.au his department provided an annual grant to the council under its trading name Young Media Australia.

The grant is to support a project called “Know Before You Go” that offers parents information about which films are suitable for children.

Relevance, you may ask?  Well this ties into the whole attitude of Australian instititutions towards censorship and expression.

So I was out at lunch with classmates from a pistol instructor course this afternoon. As usual, I open carried my Glock 23. I ordered a sausage parm sandwich and was filling up my 20 oz soda from the fountain when the guy in the next booth turned and asked if I was from around here. Yes, I answered. Did he know me from somewhere? No. This was getting creepy. I didn’t answer him.

Who ARE you?”

Then: “Who ARE you?” Has a complete stranger ever asked you such an open-ended and personal question? It was a first for me. I had no idea what information he wanted and wasn’t about to give him my name or biography. “I don’t understand the question,” I told him. He didn’t like this answer.

Cop Threatens to Exceed His Authority

It was around this time that he claimed to be a cop. He showed no badge and wore no uniform. My instructor, who is a former cop, intervened to try and appease the man, a detective Jon Ogborn of Warwick township, Bucks county, Pennsylvania state. I kept quiet until Ogborn announced that he had to know who was carrying a gun around him, even if he had to handcuff and detain me. I replied that he would be exceeding his authority if he did that; that open carry of a firearm is legal under Pennsylvania law. Even his own department’s training memos will have confirmed in the last year that open carry is not sufficient justification for detention.

Just Waiting on my Sandwich

He got up, got in my face and became rather aggressive. I was just waiting for my sandwich to come up. I let him know I had no ill intentions. The gentleman who took my order told me he’d bring it to me so I sat down. To my amazement, my instructor gabbed with the cops (his lunch companion was a cop, too) all about me and my firearm-related activities.

This was not Right

As my adrenaline rush petered out and I ate my lunch, I realized I had just been treated inappropriately by a person claiming to be a cop who had demonstrated no evidence of it. I had no idea what his name was. This was not right. At a minimum, the cops’ own laws state they have to identify themselves to the public. I might want to file a complaint. I at least needed to keep my options open. So as I was leaving I stopped at his table. “Pardon me for interrupting but may I have your business card,” I asked.

Refused to Identify Himself

He refused! He offered to give it only if I provided my ID as well. I noticed that his lunch companion had a last name of McGurney on her sweater and a patch saying Warwick township. I noted this and began to leave but he got up and blocked my exit. He demanded my ID and when I asked if it was legally required, he claimed yes! That is an outrageous lie. I demanded to know what his reasonable articulable suspicion (RAS) was. His confidence level fell when I mentioned RAS. I guess he’s used to picking on less-informed folks. I asked if I was free to go. He said no! I asked on what basis he was detaining me. A charge of disorderly conduct! Unbelievable.

Detained on Fabricated Charge

For several tense minutes he pushed me further and further into the back of the strip mall restaurant as he demanded my ID. I told him he was assaulting me but he denied it. I refused to give the ID. He told me he hadn’t planned to arrest me but he would. He claimed I had escalated the situation and left him with no choice, ignoring his aggressive actions toward me entirely! All I had to do to be free to go was to give me ID. My instructor begged me to give it so we could continue our class. I told him, I couldn’t give it to him even if I wanted to because my hands were cuffed behind my back!

Cops Keeping Track of Open Carriers?

Ogborn demanded to know if I was a lawyer. I just stopped talking to him. He didn’t expect me to resist him this much or with such pointed questions as about the RAS. I could tell he was nervous. He expected me to cave. I did not. He confessed that all he wanted was my ID so he could write up the earlier encounter with me. This really took me aback. Does law enforcement keep tabs on people who open carry?

Cops Doesn’t Care if I Consent or Not

He took me out back where we waited in the cold for several minutes, I without a jacket - that had been confiscated. He emptied my pockets. I told him I didn’t consent to any searches and he said he didn’t care. He inspected my wallet and found my driver’s license. But of course that was never the only thing he wanted. My possessions were placed in a ziplock bag. I was loaded into a police SUV, forced to lay across the back seat with no back support. There was literally no leg room. Ogborn’s lunch companion, Kathleen (Kathy) McGurney, drove me to jail.

How Can a Human Being be so Monstrous?

At the Warwick police department, I was ordered to remove belt and shoes and left in a 4′x6′ or 6′x8′ cement cell. I have to say, this was not fun. There was a camera watching me. It had one of those metal toilets. No privacy. A dirty white towel was the only potential source of cover. The only place to sit or lay down was painted concrete. The cement floor was freezing my feet. That’s the first time I’ve been locked in a cage and it is not pleasant. How can a human being be so monstrous as to lock his fellow man in a cage simply for failing to give the required level of deference?

Good Cop, Bad Cop

After 10 minutes, Ogborn showed up and gave me the good cop routine while McGurney in the background asked if I had to be taken down to the Montgomery county scanseek (??), whatever that is. I had to confirm my current address in order to get out. He implied that if I didn’t cooperate my charge could become a misdemeanor and that could become a problem for my planned move. [WTF! He got this tidbit of information from my instructor.] He justified himself again. He let me put my shoes on. He lectured me for several minutes with his version of the encounter. He complimented me. He led me to the building lobby where I waited another 20 minutes while they processed my property and reportedly a charge of disorderly conduct which I’m to hear of in the mail.

Still Completed My Course!

All of this transpired during roughly 2 hours but I still managed to complete the pistol course on time! Ironically, at least one of my four lunch companions was carrying a concealed firearm. But Ogborn didn’t see fit to search the whole restaurant for concealed pistols.

Analysis

I have a bad attitude. It simply an incontrovertible fact. I will not bow down to authority figures. This is the root of my problem. I simply can not expect to speak with cops as my equals without being detained, harassed, attacked, man-handled, imprisoned, talked down to and/or robbed. This is the world I live in. I accept the consequences of my actions. So be it. But I will never bow down.

These are My Offenses

What did I do wrong? I securely and legally carried a pistol openly. I failed to answer the questions of a person who didn’t even identify himself as a cop. I told a cop that open carry was legal and that he did not have the authority by his own rules to detain me simply for open carrying. I asked a cop to identify himself. I refused to identify myself in a situation where even the cop’s own laws don’t require it. These are my offenses. For this I was harassed, assaulted, kidnapped and imprisoned - just for starters.

That’s the world we live in folks.

What Should I Have Done Differently

I have to learn how to ignore people I don’t know. I should have ignored Ogborn’s initial, and all subsequent, questions. I should have pretended he hadn’t even spoken. This is very counter to my nature though. I’m rather loquacious, sometimes gregarious and always receptive to communication with most any kind of person - even smelly bums!

I was running with the wrong crowd. My instructor is an ex-cop. Of course he’s going to sell me out at first chance. He’s a nice guy and he doesn’t see it that way, but in objective fact he did sell me out by giving Ogborn so much info about me. I have to be very careful about who I associate with. Any but the most committed is a liability.

I failed to exercise the discipline and care necessary to audio record my daily life. Argh.

What I Did Right

I’m glad I defended myself by stating that open carry is legal under Pennsylvania law and that he has no legal authority to detain me simply for open carrying. I think being too meek with a cop simply encourages him. I’m also glad I asked for his business card because I would have felt poorly without getting the information.

I was radically more terse in my communications this time. I didn’t lecture or challenge the cop hardly at all. I remained silent most of the time. I asked if I was free to go. Then I asked if I was being detained and what for. This was good.

I’m glad I stood my ground on the ID issue. He had no basis to demand it even under his own rules.

Next Actions

I’m going to put in a Pennsylvania Right to Know (FOIA-like) request on Monday. I will attempt to get the police report. I will consider filing a complaint and I may have to file a counter-claim if they pursue this unfounded disorderly conduct charge.

Don’t Tell me to Take it Down

Don’t tell me to take this down because it’s damaging my legal case. My goal is not to rake the cops over the coal for a multi-million dollar settlement. That’s a pipe dream. My goal in telling this story is to inform people like me. The fact is that the constitutions, bills of rights, laws, legal safeguards, police training memos and assorted government public relations paperwork are for entertainment and decorative purposes only.

You Want the Truth?

The fact is that cops don’t serve you. They serve themselves. They have no limits. They have legal immunity for their acts. They have no legal obligation to protect you from harm! They can do whatever the hell they like, and lie about it afterwards. They can arrest you for nothing, drop the original charges and prosecute you for resisting their false arrest. It’s a scam.

Most people can’t, or won’t, see this. That’s fine. I just hope to reach the small number who can.

Photo credit: banspy. Photo license.

    Adam Mueller, Pete Eyre and Jason Talley, Motorhome Diaries crew, have been arrested and jailed in Mississippi.

From Free Keene: Adam Mueller – Disorderly Conduct and Disobeying an Officer Pete Eyre – Possession of a Beer in a Dry County Jason Talley – Disorderly Conduct, Disobeying, and Resisting Arrest From elsewhere: Pete Eyre – also charged with a [...]

Continue reading at nostate.com …