Sunday, September 19, 2010

Avast! Madison Police Overstepping Their Bounds

The following press release was sent out a couple hours ago by Wisconsin Carry Inc.:

Saturday night at approximately 7:30 pm 5 Wisconsin Carry members were peaceably dining at a Culvers in Madison.

8 Madison Police officers arrived and demanded ID from our members. As Wisconsin is not a police-state, Wisconsin law does not require you to provide identification to an officer unless you are operating a motor vehicle.

2 Wisconsin Carry members, in consideration of their legal rights politely declined to provide ID and were handcuffed, detained, and issued citations for obstruction.

Wisconsin Case-Law clearly states that refusing to give your name is not grounds for obstruction.

"No law allows officers to arrest for obstruction on a person s refusal to give his orher name. Mere silence is insufficient to constitute obstruction." Henes v. Morrissey,194 Wis. 2d 339, 533 N.W.2d 802 (1995).

Wisconsin Carry filed suit against the Racine Police Department on January 8th 2010 for unlawfully arresting one of our members, Frank Hannon-Rock, on obstruction charges for refusing to provide ID. Wisconsin Carry obtained a $10,000 judgement against Racine in that case where the Racine City Attorney explains to the Racine City council that the officers did not have the authority to arrest Mr. Hannon-Rock.

audio of that encounter is available here:

Wisconsin Carry will be taking action against the Madison Police Department and the officers who illegally detained, handcuffed, searched, and cited our members.

Wisconsin Carry, Inc. is a non-profit Wisconsin corporation dedicated to the protection and expansion of the right of law-abiding Wisconsinites to carry in the manner of their choosing.

Nik Clark
Chairman/President - Wisconsin Carry, Inc.
I'll try to keep track of this one.


Six said...

This kind of stuff does not happen in a vacuum. This came from the top of the chain of command, probably as a result of a political prod from someone in government. That Chief needs to be reminded that officers of the law follow the law as written, not as interpreted by command staff. Please keep us updated on this Fred.
More stupidity from some of my brothers and sisters in law enforcement. Sigh. We are not amused my precious. No, not amused at all.

Fred said...

Madison is definitely one of the most (likely the most) liberal city in the state, so it's far from a surprise.

I'm hoping it will spur another memo from Van Hollen along the lines of the OC memo if nothing else.

Brian G. Heyer said...

Well done men! "Our rights we prize and our liberties we will maintain."