Virginia Gun Owners Forum - VGOF

A Roanoke man is suing city police over an altercation with officers that he said began as an argument about his permit to carry a concealed firearm.

Aaron A. Stevenson filed a lawsuit Tuesday in U.S. District Court in Roanoke alleging that his constitutional rights were violated during a May 6 traffic stop. He named two officers, Chief Joe Gaskins and the city as defendants.

On Wednesday, police spokeswoman Aisha Johnson referred questions to City Attorney Bill Hackworth, who was out of town and could not be contacted. Stevenson also could not be immediately contacted Wednesday.

The lawsuit gives this account of Stevenson's encounter with police:

Stevenson was driving along Williamson Road to pick up his daughter from church when Roanoke police Officer Jamie A. Kwiecinski stopped him. Stevenson was given a summons because his registration had expired.

Kwiecinski learned that Stevenson had a concealed carry permit and asked if he had a gun. Stevenson declined to answer.

Kwiecinski called for backup, and Officer Dwight W. Ayers arrived on the scene. Stevenson said the officers ignored his repeated invocation of his right to remain silent, and to have an attorney present during questioning.

The officers pulled Stevenson from his vehicle, the lawsuit said, took the .45-caliber handgun he wore in a belt holster, and put him in handcuffs in the back of a police car. Stevenson said he was threatened with loss of his permit, confiscation of his gun and indefinite detention while police investigated whether he was involved in anything criminal.

Officers never read Stevenson his Miranda rights, the lawsuit said, and Ayers told Stevenson the questioning would stop if he would admit to some criminal action.

As the incident continued, some of Stevenson's co-workers drove past and his employer stopped to see what was happening. The officers asked the employer if Stevenson had mental problems.

Stevenson said the tight handcuffs injured his wrists.

Eventually, Sgt. Sandy Duffey, a police supervisor, said to release Stevenson.

In the lawsuit, Stevenson asked for unspecified monetary damages, injunctions to prevent future incidents and a declaration that his civil rights had been violated.

Online court records indicated that the expired registration charge against Stevenson was dismissed in June.

zephyp wrote:Hmmm. No mention of concealed. You dont need a permit for that, obviously...

CCFan wrote:

zephyp wrote:Hmmm. No mention of concealed. You dont need a permit for that, obviously...

It was about 30 degrees here this morning, so I was wearing a jacket - even if it had been OWB carried, the jacket would have covered it... so it was pretty obvious that looking into the truck - it wasn't visible when I told her it was at 4 o'clock... I don't think it was a case of them not knowing the regulations, just abbreviating the conversation. This ain't NOVA down here...

zephyp wrote:Well I simply cannot understand why citizens with a CHP permit get treated like criminals. It seems to me that the LEO could have some sense of relief as soon as they see you have one. That at least lets them know you're probably ok. Otherwise they know nothing when they walk up to your vehicle....

CCFan wrote:

zephyp wrote:Well I simply cannot understand why citizens with a CHP permit get treated like criminals. It seems to me that the LEO could have some sense of relief as soon as they see you have one. That at least lets them know you're probably ok. Otherwise they know nothing when they walk up to your vehicle....

Indeed... Va State Police trooper said the exact thing - it's not the people with legally carried firearms that he's worried about - it's the ones carrying that he doesn't know about that worry him.

zephyp wrote: Too many people are demanding too much information. Demanding to see to many IDs. And its going to get worse...I didnt used to be this way but I now question and challenge every one of them with a simple "Why do you need that information...or see my ID"

Unkn0wN wrote:

zephyp wrote: Too many people are demanding too much information. Demanding to see to many IDs. And its going to get worse...I didnt used to be this way but I now question and challenge every one of them with a simple "Why do you need that information...or see my ID"

Nothing to do with guns, but when the Modern Warfare 2 game came out, I headed to Best Buy to get it. I got the register and I put the game up there. The lady goes "I need to see your ID." I start laughing and asked if she was serious. She said Yes. So, to play her game, I whipped it out while saying that it is ridiculous showing my id for a video game when I have so much gray hair...

So, she looks at my id and hands it back. I put my id away and she rings me up. I hand her my bank card and she asks "Credit or Debit?" I say credit. She says she needs to see my id. Now I was p!ssed. I told her in a firm voice "You just seen my damn ID. My debit card is signed on the back, compare the damn signatures!" She said nothing and finished the transaction.

Now if this had been some young kid learning the job, I wouldn't have said anything, but this woman was just as old as me if not older.

CCFan wrote:Officer: Hello, may I see your license? Where are you headed this morning?