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Garage Queen
 
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Crazy Philly

Philly Police Harass, Threaten to Shoot Man Legally Carrying Gun - Stossel's Take Blog - FOXBusiness.com

A story in today's Philadelphia Daily News shows why it's so important that citizens be allowed to videotape cops - it can be citizens' only way to fight back against police abuse of power.
This incident happened several weeks ago in Philadelphia to Mark Fiorino, a 25-year-old IT worker who carries a gun on his hip at all times for self defense. He got the gun after several friends were mugged.
But he didn't count on attacks by police:
On a mild February afternoon, Fiorino, 25, decided to walk to an AutoZone on Frankford Avenue in Northeast Philly with the .40-caliber Glock he legally owns holstered in plain view on his left hip. His stroll ended when someone called out from behind: "Yo, Junior, what are you doing?"
Fiorino wheeled and saw Sgt. Michael Dougherty aiming a handgun at him.
What happened next would be hard to believe, except that Fiorino audio-recorded all of it: a tense, profanity-laced, 40-minute encounter with cops who told him that what he was doing - openly carrying a gun on the city's streets - was against the law.
"Do you know you can't openly carry here in Philadelphia?" Dougherty asked, according to the YouTube clip.
"Yes, you can, if you have a license to carry firearms," Fiorino said. "It's Directive 137. It's your own internal directive."
Fiorino was right. It was perfectly legal to carry the gun. But that didn't matter to the cop:
Fiorino offered to show Dougherty his driver's and firearms licenses. The cop told him to get on his knees.
"Excuse me?" Fiorino said.
"Get down on your knees. Just obey what I'm saying," Dougherty said.
"Sir," Fiorino replied, "I'm more than happy to stand here -"
"If you make a move, I'm going to f------ shoot you," Dougherty snapped. "I'm telling you right now, you make a move, and you're going down!"
"Is this necessary?" Fiorino said.
It went on like that for a little while, until other officers responded to Dougherty's calls for backup.
Fiorino was forced to the ground and shouted at as he tried to explain that he had a firearms license and was legally allowed to openly carry his weapon.
"You f------ come here looking for f------ problems? Where do you live?" yelled one officer.
"I'm sorry, gentlemen," Fiorino said. "If I'm under arrest, I have nothing left to say."
"F------ a------, shut the f--- up!" the cop hollered.
The cops discovered his recorder as they searched his pockets, and unleashed another string of expletives.
Fiorino said he sat handcuffed in a police wagon while the officers made numerous phone calls to supervisors, trying to find out if they could lock him up.
When they learned that they were in the wrong, they let him go.
But only temporarily. Fiorino posted the audio recordings on youtube, and now they are harassing him again:
A new investigation was launched, and last month the District Attorney's Office decided to charge Fiorino with reckless endangerment and disorderly conduct because, a spokeswoman said, he refused to cooperate with police... He's scheduled for trial in July.
If one listens to the audiotapes, it's hard to imagine how a reasonable person could charge Fiorino (and not the cops) for disorderly conduct.



Scary Stuff. I hope an attorney comes forward and helps this guy with his charges and then sues these guys.

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Old 05-17-2011, 03:19 AM
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I've been following this.

That his digital recorder was locked and loaded, and that he calmly called police "sir" and "gentlemen," suggests that Fiorino wanted this confrontation. By tempting police into confronting him, Fiorino made a statement about his rights.

He also made a second statement: He's irresponsible.
Old 05-17-2011, 03:47 AM
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Man who clashed with cops over legal gun was also armed with audio recorder | Philadelphia Daily News | 05/16/2011

Some details of the encounter at the link above.
Old 05-17-2011, 03:56 AM
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Wow--those cops were in the wrong from the get. However, I get the feeling nothing will come of this for punsihment to the cops--the city will probably just have to pony up some cash when the civil suit is filed.

I like the cops retort..."he set us up"...boo hoo. You are wearing a badge and are suppossed to be held to a higher standard.
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Old 05-17-2011, 05:23 AM
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Depending on the state, the taping could be illegal....
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Old 05-17-2011, 05:34 AM
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The DA is prosecuting him for the taping.
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Old 05-17-2011, 05:35 AM
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This a typical Philly cop encounter, good thing he wasn't ...( insert minority) he would have been dead.
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Old 05-17-2011, 05:36 AM
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Quote:
Originally Posted by PorscheGAL View Post
The DA is prosecuting him for the taping.
Reckless endangerment.....
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Old 05-17-2011, 05:42 AM
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Yes, but do you think they would be charging him if he had not posted the tape on Youtube?
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Old 05-17-2011, 05:44 AM
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"That his digital recorder was locked and loaded, and that he calmly called police "sir" and "gentlemen," suggests that Fiorino wanted this confrontation. By tempting police into confronting him, Fiorino made a statement about his rights.

He also made a second statement: He's irresponsible."

+1
Nobody was in the right here. Is everybody in Philly and idiot?
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Old 05-17-2011, 05:53 AM
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Ignorance of the law is no excuse.

Works both ways.

Whether set up or not the cops were wrong. Plain and simple.
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Old 05-17-2011, 05:57 AM
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A right not exercised is a right denied. If not now, later.

What is your feeling on civil disobedience for civil rights? This is a civil right being denied unlawfully. In the 50's and 60's people actually broke bad laws denying their rights. This person was acting lawfully.
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Old 05-17-2011, 06:11 AM
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The Supreme Court, overwhelmingly, just gave police officers the right to enter your premises without a warrant when they think drugs are being destroyed.

I'm generally on the side of the police. But the trend of the Supreme Court diminishing our rights, either through a decision like this enabling police to disregard the 4th Amendment, or diluting our rights by giving corporations all the rights of humans, does not bode well for the future of the country.
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Old 05-17-2011, 06:27 AM
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Pretty convenient how he had the recorder running before the encounter even started.
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Old 05-17-2011, 06:46 AM
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He had run ins prior to this.....having a recorder was a CYA move. Now wearing an open carry is pretty stupid......he will probably eventually win a nice settlement but there are easier ways to make a buck.

Lucky he isn't pushing up daisies.....Philly isn't a place I woulda chosen to test a cop's knowledge of carry laws.
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Old 05-17-2011, 07:53 AM
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Cops in the wrong, clearly.

Open Carry Questions Answers - Pennsylvania Open Carry Gun Laws, Information, Fliers and Forum - paopencarry.org
Quote:
Is open carry legal in PA?
Answer: Yes, with some restrictions.

Anyone whom can legally own a firearm in the commonwealth can openly carry, on foot, with the exception of court facilities, federal buildings, motor vehicles and cities of the first class (Philadelphia)

Those person possessing a valid License to Carry Firearms are also permitted to carry openly (or concealed) while in a vehicle and in cities of the first class.
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Old 05-17-2011, 08:13 AM
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sure to be dumb ?

how is it the cops can tape us..?

I've never been informed 'tape is running'..
they have one on the dash..
& many now have one on their arm..

would he be protected by announcing..
your on tape..

Rika
Old 05-17-2011, 08:17 AM
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Quote:
Originally Posted by Shaun 84 Targa View Post
The Supreme Court, overwhelmingly, just gave police officers the right to enter your premises without a warrant when they think drugs are being destroyed.

I'm generally on the side of the police. But the trend of the Supreme Court diminishing our rights, either through a decision like this enabling police to disregard the 4th Amendment, or diluting our rights by giving corporations all the rights of humans, does not bode well for the future of the country.

+1
"giving corporations all the rights of humans" will be the destruction of our country. Corporations should be controlled by people, not vice-versa.
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Old 05-17-2011, 08:38 AM
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Quote:
Originally Posted by Joe Bob View Post
He had run ins prior to this.....having a recorder was a CYA move.
BullShyte. He's trying to 'create' the situation, and having a running audio recorder in his pocket proves it.

Yes, the cops also did a very very poor job.
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Old 05-17-2011, 08:41 AM
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So by creating the situation the cops are victims?

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Old 05-17-2011, 08:46 AM
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