felony stop for littering!!

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Spoonman

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Joined
Dec 24, 2002
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113
Location
southwest GA
I had a new and much too exciting experience yesterday.

My 25 year old son and I went to the shooting range (Hannahatchee Wildlife Management Area) to shoot yesterday. This is a pretty nice range and my family shoots there a lot, even though it's about 50 miles away. It was misting rain when we got there, so we shot from the rifle bench area (covered). We had a good father/son experience and there were no other shooters there. Afterward, we swept up our brass/ policed our targets. We had moved the 50-yard target stand to about 25 yards, so we put it back in place.

About 2 - 3 miles down the road, I was blue-lighted by a DNR officer. I put my hands casually on the wheel and awaited his instructions. He instructed me to exit and turn slowly around (from his truck). I was searched, put in the 'position' on his truck hood, given Miranda notification, and arrested (my son, too). I was informed (only after I asked) that we were under arrest for "violating range rules" by moving the target stand and because we failed to pick up all our brass (My bad. I had failed to pick up probably 30 or so .45 empties from the grass in front of the firing line.). We were taken to the Stewart County jail and told (by the DNR officer) that we had to post cash bond of $250 each. He did not set/ request a court date.

At no time was I anything but respectful and cooperative, as was my son. I have stressed to my sons that the DNR officers are among the very best of enforcement officers, with a tough and dangerous job. They are to be afforded the utmost of respect and cooperation (as should all LEOs). This officer seemed over-reactive and used unnecessary measures during this situation. I agree that he should take steps to provide for his own safety but was it really necessary to arrest cooperative citizens (who admitted their wrongdoing) when a citation would have served? Neither of us has any prior legal issues (speeding ticket about 10-12 years ago for me). Even the Stewart County Sheriff didn't understand (he released us on out own recognizance after about an hour). I went back and picked up my brass.

It's hard to reconcile this officer's behavior with my instructions to my sons when their peaceful and cooperative father was treated like Claude Dallas.

LEOs, please help me to understand. One of us out of line. Was it me?

Clif
 
It seems to me that if you were arrested and booked, they would have to have charged you with some specific crime. Did they? Is leaving brass on a shooting range a crime?

Anyway, from what you said, the officer is way, way out of line. Perhaps he recently transferred into the DNR from the IRS or ATF.
 
Understand that littering is a serious problem in the forest, but this is a bit heavy handed. Not unusual! Your situation is not unique and many experience the wrath of these idiots every year. Just keep in mind that they are not cops in the traditional sense, exercise poor judgment and are more revenue gatherers for the state. They'll write their own mothers a ticket if they could, because its their job. They tried giving me a $350 fine for a extremely minor parking violation during hunting season last year. Judge through the case out.
 
Just FYI, if I'm ever at the range and you drive off without picking up a bunch of reloadable .45 brass, I'll clean it up for you. Don't you worry 'bout a thing.

Or would that be like putting change in nearly expired meters?

*sigh*

Just don't understand things these days.
 
Any suggestions on how to handle this? The case is scheduled for Probate Court, not Superior Court. In most cases in GA, the Probate Judge is elected (and often not a lawyer). I fear that this court appearance may be simply to assess a fine, without consideration of the case on its own merit. How can I determine what law I broke (if any)? I want to do what's right, not weasel out, but I don't want to get screwed (I'm a public servant. Money IS an issue for me).

Clif


Ian,

My paperwork reads: Failing to follow range rules, WMA. I (we) were not fingerprinted, etc.
 
DNR

Sounds as if this officer was "over the top"..

Your attitude & judgement was excellent concerning this matter and in dealing with this matter.

To the poster who stated that DNR officers "were not police in the traditional sense of the word" could not be more wrong.

In Iowa, the DNR officers go thru law enforcement acadmey just as every other officer does to be certified. I suspect this is true where this incident took place.

Please inform your sons that not all peace officers act in this manner. There could be any number of reasons that this officer acted in the manner you cited. I was not there so i won't speculate.

12-34hom.
 
Well to start with it wasn't a felony stop. Those are done at gun point and are much less friendly than what you describe.

I agree that the issuance of a citation on the spot was more appropriate.
Sounds like the guy doesn't have any real crime to deal with, so he makes petty offenses such as yours into major ones to feed his psyche.

I would have a chat with his Chief and find out if this is how they handle all the issues in their jurisdiction, if this is not how they do business, this guy needs to be dealt with by his agency.

There is no way in hell I would ever return to a range where you can be arrested for not picking up you brass, what a bunch of goobers.
 
synoptic
Member

Registered: Feb 2003
Location: Huntsville, tx
Posts: 52
Out of curiosity, what is a DNR officer?


__________________
~Jeremy

Department of Natural Resources
 
Arrested for littering? Geez? A bit over-reactive perhaps? We generally issue a citation if anything is done at all (and most of the time there's more important things to do).
 
Wow Spoonman, you kept your cool? I'm afraid I might not have been able to in the face of such idiocy. Arrest a man and his son for littering! Amazing. Did the DNR cop see you do something wrong?
What does your paper say? Surely you're charged with violation of XXX, right?

I'd either lawyer up, or talk with the clerk of the court, or talk with the Chief, as DeltaElite suggested. That officer needs an attitude adjustment for sure.
:rolleyes:

TC
TFL Survivor
 
Jeremy,

DNR = Department of Natural Resources.

12-34hom,

The DNR officers in GA are academy trained + extensive training within their agency. These men and women are among the most highly-trained LEOs in the state. They are, as a general rule, very professional and courteous. This officer was professional (just not very courteous).

They DO have a hard and dangerous job. Most of their clientele are armed and sometimes uncooperative, I'm sure.

At least you guys don't think I was the one acting out of line (so far, at least). Well, I guess it was a good opportunity to demonstrate good behavior in the face of a bad situation for my son. I sure hope it doesn't turn out to be expensive.

Thanks for the support.

Clif
 
Jeremy,

These guys ARE the game wardens in GA. They have the same arrest powers, etc as State Troopers. They probably make as many narcotics arrests as the GA Bureau of Investigation. Unfortunately, drinking and/or "burning one" seems to go hand-in-hand with hunting/ fishing/ boating in GA. :(

If there are any "woods cops" out there, thanks for trying to keep it safe out here.


Clif
 
Curious -

You indicate you left after you were OR'd by the sheriff and returned to the range to pick up your brass. What evidence will he now have of littering, unless he took pictures or you and your son made admissions?

I'd be willing to bet the probate judge will be every bit as confused as you - what code or rule are you being charged with violating? What, if any, paperwork has been delivered to the probate judge? What, if any, have you received? Due Process requires that you be informed of the charge your are accused of.

Sometimes probate judges do whacky things - like dismiss cases when the accused appears before them, but there is no case file or citation, and none has been given to the accused. I learned of judges who held court in their front rooms, wearing a bathrobe, and ate the evidence for supper after a fellow pled guilty to fishing without a license. Yours will probably be more formal than that, though.

Assuming you don't intend to hire an attorney to protect you from a possible reaming, you will want to do the things an attorney would do to CYA. You will probably get something in the mail; pay close attention - DO NOT miss your court date or time. You may have to call the probate judge's clerk to get a case number and have the paperwork sent to you. I'd recommend a personal visit, though - that way they put a face to the case. Get a copy of the specific rule or code you are accused of violating. If the prosecutor or state attorney is involved, send a request for discovery of all evidence they have, witness names and addresses, exhibits, LEO / DNR reports, photos, audio/video recordings, etc., they have that relate to this case, so you can see what they have against you. Send a copy of this request to the probate court as well.

You may want to sit back and make them prove their case - even if you don't testify yourself. You owe it to yourself to exercise your rights, even if you did commit the heinous acts of leaving some valuable brass at the range and moved the target.

Wait until after everything is done before you lodge any complaint about the DNR officer's behavior, if you choose to do so; do it in writing, and send it to several levels above the officer so many people are aware. Word it nicely; it's easy to ignore inflammatory letters. And please keep us posted.
 
To the poster who stated that DNR officers "were not police in the traditional sense of the word" could not be more wrong.

Yes, they go through the same process of being a police officers, blah, blah, blah, but that is where the similarities end. Traditional police use discretion, forest fuzz does not! The world of the forest fuzz is black and white, its about writing citations to show activity and common sense, its out the door. Their behavior is almost predatory. That is the way they are trained to be. They are lower than snot in my book. Feeling comes from experience.
 
Too bad he had to treat you like dirt to get his quota in. Just think, he could have escorted you back to the site and made you pick up that brass and let you go. Ah, but that would take common sense and courtesy. Certainly not a requirement for a DNR officer. I agree with Robert about them. From experience with them.
 
We have standardized POST (Police Officer Standards and Training) training, but not all go on to Le careers.
Some become glorified security guards and meter maids.
They are technically cops, but so is my Chief. :D

We have a local city where all they do is "traffic enforcement", when they have a crime outside of that venue, they call for help since they are totally inept outside of doing traffic.
IMHO they are not cops, they are meter maids.
In fact, most are rejects from other depts FTO programs, but that is another issue entirely.

Of course, I have a bad attitude for the most part. :evil:
 
A DNR-type officer in Alabama (?) killed some guy he pulled over for speeding (apparently they are authorized to do so in AL) after the guy reached for his wallet.


Despite what has been said about them getting standard LEO training, it would seem that most are ticket writers first and foremost.
 
Unbelievable. Keep us posted on the court date. I'm quite frankly shocked about how much of a moron this Ninja Cop proved to be. Can't wait to hear what he says in court.

Jeezzz!!
 
Don't know how your states work, but here our Fish & Game dept relies heavily on their portion of fine money and civil penalties for game violations for their funding. Naturally (no pun intended), that is quite an incentive to try to find and cite any possible thing they can, whether founded or not, which leads to abuses. I can't tell you how many times they tried to tell me they really didn't snoop through unoccupied hunting camps and unlocked parked vehicles (credible, uninvolved witnesses came forth) or that they had PC to stop pickups that didn't stop at game check stations because they "looked like they were weighted down in the back with an elk." :rolleyes: (It's a pickup, designed to carry heavy things like firewood; it's a commercially licensed truck with a big plumbing advertisement on both sides of the truck and pipes and things clearly visible in the bed; it's winter, there's snow on the ground, ever hear of traction sand?)

Wasn't too popular with them for moving for dismissal in those cases. They didn't like that I just spared them and the taxpayers a long and expensive process that wouldn't have been successful anyway BECAUSE THE EVIDENCE GOT SUPPRESSED AS HAVING BEEN OBTAINED ILLEGALLY! They also didn't like it that the judge agreed with me when he made me explain the reason for my motion to dismiss.

And they never took me up on my offers to train them on the subjects to avoid these situations in the future. :banghead:

Yes, they have tough jobs, but their mindset is warped. Be very suspect if your states are set up the same way.
 
Get some evidence.
-Get a copy of the range rules.
-Go to the range and take pictures, of the range, of the posted (?) rules etc.
-Take pictures of other litter at the range. Find other peoples brass in the grass.
-Get the paperwork from court, and find what law you might have broken and have been charged with. Then READ up on that part of the law. Learn it by heart, and figure if it realy applies to your case.

-NEVER admit wrongdoing!

There is a bunch of lawyers on THR. Can some of you guys take a look at the evidence and come with some suggestions?

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