Illegal Arrest In Illinois

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BGlaze250

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The wrongful arrest and false charges against [ICarry.Org] founder Shaun Kranish

In Illinois, law-abiding citizens are prohibited from carrying a loaded firearm for self-defense. Every other state allows it to some extent, but Illinois politicians deny that basic human right to their constituents. We may lawfully carry, however, so long as the firearm is unloaded, enclosed in a case, and we hold a valid “firearm owner identification (FOID) card”. This allows us to be seconds away from safety, and is without a doubt the best way to lawfully stay safe in Illinois. Countless people throughout the state exercise this severely-infringed right to keep and bear arms.

My name is Shaun Kranish, and I’m a law-abiding citizen as well as the founder of ICarry.org, a gun rights group in Illinois. I am one of the citizens that exercise the right to self-defense within the letter of the law. I used to “fanny-pack,” like so many others, and did so on a daily basis. This is the account of my wrongful arrest and false imprisonment.

On the evening of Friday, May 12th, 2006, I had been shopping with my girlfriend at a local mall. For about three and a half hours we strolled in and out of stores, picked out and purchased cards and gifts, and ate at the food court. While we were peacefully walking to the mall exit, we happened to pass by two security guards. They followed and stopped us and then questioned me about the buckled case I wore on my side. They wanted to know what I had inside of it, and I told them it was none of their business and I did not approve of being searched because my personal belongings were private. Despite my protest, the private guards told me to put my hands up and proceeded to forcibly and publicly search me without permission.

After unbuckling and opening my case, they discovered that I was carrying an unloaded gun as Illinois law clearly allows, then handcuffed and detained me on the spot. They called the local police as they dragged me away to a mall “substation,” handcuffed, for everyone to see. As they did, I informed them that I was abiding by the law and implored them to read a copy of the statute along with extra information I carried with me at all times in order to assist and educate officers just in case a situation like this arose.

What happened next could only be described as the horror of being falsely arrested and charged for a crime that I did not commit. I spent two hours handcuffed to a bench in a tiny "holding room" at the mall as two or three security guards along with five or six police officers examined and discussed my letter, and eventually decided to deliberately ignore it and falsely charge me with Unlawful Use of a Weapon, a criminal offense under Illinois statute, in order to cover up and justify my false arrest and search. My girlfriend was harassed, man-handled, searched without cause, and questioned by the police while I was locked and isolated in the next room, unable to do a thing but listen helplessly and try to shout loud enough to be heard.

After some time, while I still remained handcuffed and confined and deprived of the ability to communicate with anyone, including my attorney, my girlfriend was allowed to leave. I was then carted away to the Winnebago County Jail for my first visit ever. There I was questioned endlessly and searched for the fifth time. The officers behind the glass, the transport officer filing out the transfer papers, and the officers behind me all knew that I wanted to post bond. I had already told them which debit card to use for the payment. This search with a metal detector and thorough search by hand of my body didn’t satisfy one of the officers though. He wanted to do a strip search, and no one else protested to protect me.

Warning: The next part can be considered graphically descriptive and contains quotations of what may be considered offensive language. Please use discretion especially if there are young people reading.

Click Here to continue with the full account (graphic) or

Click Here for a version safe for all ages

So, the committed officer and one other took me to a small room. As they chatted with each other and made jokes, they instructed me to take one article of clothing off at a time. They checked each piece of clothing until I was totally naked. They ordered me to hold my arms out and completely turn around as they gawked at and "inspected" me. I was then told to lift up my “cock” and “just the cock” to show them. Next I lifted up “the whole thing” as instructed. Finally, I was to “turn around, bend over, spread your ass-cheeks apart, and cough really hard three times.” I can’t express the level of humiliation of undergoing a strip and body-cavity-search, nor can I fathom to this day why the officer wanted to or needed to subject me to such degradation. The emotional distress I've suffered having to go through this uncalled-for mistreatment hasn't come right away or all at once – but it is lasting and reoccurring.

After much more waiting and being subjected to mug shots, countless fingerprint scans, tons of paperwork to sign, and even more waiting, my bond payment and paperwork was finished. I was finally escorted out of that dirty jail, whereupon I was handed a sealed bag containing most of my personal effects and belongings (not my legally-owned firearm or legal carry-case though!) along with a copy of the criminal complaint: Class A Misdemeanor (Unlawful Use of Weapon) punishable by up to 1 year in prison. My carrying-case, firearm, and accessories were confiscated as "evidence" of my lawful conduct.

It’s important that you realize the dire situation in Illinois. Not only are we denied rights recognized by every other state in the country, but even the minimal rights we’ve retained – the ones contained in Illinois statute (www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1), the Illinois State Police FAQ (www.isp.state.il.us/foid/firearmsfaq.cfm and www.concealcarry.org/transgun0-000.pdf and www.isp.state.il.us/docs/ptfire.pdf) and case law are routinely deliberately ignored at will by police officers! Their attitude is any law-abiding gun owner may be arrested, charged, thrown in jail, and left up for the courts to work it out. Even those of us who invest incredible time and money to study the law, understand the law, get competent legal advice, and make painstaking efforts to abide by the law, are targeted when law enforcement feels it can “get away” with it.

We are saying "no" in this case and all other similar cases that may arise. We will fight cases of wrongful arrest and false charges like this one. If we don’t, we won’t be left with any rights to exercise at all.

My counsel, Walter Maksym, the veteran Chicago constitutional attorney, has won every case of this kind to date: the John Horstman case (dismissed and the DuPage County (States Attorney & Sheriff) paid him $50,000.00 to settle his federal civil rights - false arrest/malicious prosecution suit - had FOID card with unloaded weapon in a back-pack), the Roderick Pritchett case (found not guilty in Cook County after trial - had FOID card with unloaded weapon in a zipped case in front seat of his vehicle), the Eric Booker case (dismissed - had FOID card with unloaded weapon in a case in front seat of his vehicle), as well the dismissed case involving freedom of speech brought against me last year (www.icarry.org/modules.php?name=News&file=article&sid=166).

The law is clear, and though the security guards and police knew it, they falsely charged me despite my innocence. I am confident that with Mr. Maksym's representation I will ultimately be acquitted of this bogus charge and my civil rights will be vindicated. I am looking forward to pleading not guilty and eventually holding the owners and management of the CherryVale Mall, their Security Guards and the Cherry Valley Police to account. However, given my limited resources as a college student, I will be needing and requesting your support in order to do so for the benefit of us all.

Since our ICarry.org organization will be assisting financially with my defense, I would like to encourage anyone interested in gun rights and specifically in helping our terrible situation in Illinois, to consider joining our organization. We have various levels of membership to choose from and our core member base even includes a number of out-of-state members (we affectionately call them “reinforcements”). Alternatively, you can make a donation here. We would all like to see our organization grow and support itself financially. Our commitment to law-abiding gun owners is unparalleled and unprecedented in Illinois. Please visit our website at http://www.ICarry.org to join or simply make a contribution to our cause.

Lastly, I would just like to thank the countless individuals who have been 100% supportive through all of this. Your thoughts, prayers, best wishes, and encouragement have given me the strength I need to get through all of this and try to make the best out of such a bad situation. Thank you for all of your letters, emails, and Internet posts showing your support!! If you would like to reach me, my contact information is on the website and you can email me at the email below. Thank you all for being right with me and beside me through this.

For Press Inquiries: e-mail [email protected] or contact my attorney, Walter Maksym, at 773-929-2923.

http://www.icarry.org/modules.php?name=News&file=article&sid=190&mode=thread&order=0&thold=0
 
I sent $25... and I don't live in Illinois.

Here's a gun owner who has the cojones to stand up and fight, legally, instead of just turning tail and running to a more gun-friendly state, even though he's a young college student with limited resources. He's got a top notch attorney but as we all know those take money.

I would hate for the humiliating body cavity search to go unpunished, I can't imagine having to go thru that. Without funds, the JBT's who falsely arrested him, confiscated his property and humilliated him will GET AWAY WITH THIS. UNACCEPTABLE!

The site he mentions accepts donations via credit card or PayPal. Let's put our money where our mouth is, gun owners.
 
If the guy isn't doing anything wrong and isn't on parole or probation, then he cannot be legally searched without consent. If it happened to me, I would have just ignored them and walked out the door and called the police. As far as I'm concerned what those guards did is kidnaping.
 
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I don't know, even with all that case law on their side and the Illinois LEOs still willfully violate the laws...I think there's a point where you are beating your head against the wall.:banghead: For what it will likely cost this guy in lawyers fees alone he could probably just set up shop in New Hampshire and carry open or concealed to his heart's content. I think life is too short to deal with the ills of being a gun owner in Illinois. If they can't seem to elect people who can make real changes, as far as upholding the constitution, then don't waste time fighting battles you won't win.
 
Even if the charge stands, is it normal for a strip/cavity search for a Class A misdemeanor? Do you need probable cause to even go there?

I will stop complaining about California so much. This is where we are headed out here though.

Bill in SD
 
BGlaze 250, you're lucky you posted this at THR. We're a very polite board. We don't say rude things to our new members.

On other boards I frequent, the next fifteen posts would have consisted of:

Search Function, n00b!

But not here. :D

Here I just merge the thread. Have a nice day!
 
You know, now that I've run a search, I see that we don't actually have a thread on this arrest itself, only one on the recent Rockford Star articles about Shaun.

Hmm. I think I'm going to leave this here with a link or two.

The other threads about Shaun's activities:
http://www.thehighroad.org/search.php?searchid=1503120

The thread on Shaun's articles in the Rockford Star:
http://www.thehighroad.org/showthread.php?t=213257&highlight=kranish


And my sincere apologies to BGlaze250. I'm going to leave my last post up there as a reminder of what happens when people try to get too clever. ;)
 
I will stop complaining about California so much. This is where we are headed out here though.

Actually we're past them. Go ahead and strap a pistol to your leg and walk around the Fashion Valley mall and see what happens.. the SDPD probably wont find it very ammusing. :)

At least we do have some provision for CCW here though. From what I understand, Illinois has none :barf:
 
The only provision for IL CCW is if your a city alderman or mayor. Mayor Daley comes to mind...:barf:

Excuse me.

Now this is rediculous. I am tired of IL just trampling on my rights. I wish I had the cajones that Mr. Kranish has. His methods are in your face but they do get a lot of attention. I wish I had some cash to send him (I am also a broke college student). I plan to leave IL for greener pastures myself. It is to the point where one cannot help but feel like this...:banghead:

People do not seem to understand that it is not the guns but the criminals that are the problem. We are constantly under attack here in IL by anti-gunners and people take them seriously. A pro-gunner is seen as a nutcase and an extremist.

I cannot wait to leave.
 
And my sincere apologies to BGlaze250. I'm going to leave my last post up there as a reminder of what happens when people try to get too clever.

It's quite alright. After looking through the other posts, I saw more about the subject-matter, but not about the particular piece that Mr. Kranish wrote.
 
Rent-a-cops working as agents for retail merchants only have the authority to detain you if they have probable cause to believe you have stolen or are attempting to steal property and/or remove said property from the merchant's location or the premises.

Never acquiesce to their shows of "Authoritay." If you haven't stolen anything, they lack "Merchants' PC" to detain you. Note: it's "detain," not arrest, search, etc. Since they are non LEO's, unless IL is as whacked as its gun laws (and yes, that is a big assumption, but if it's correct.......), you MAY resist an unlawful detention with all means reasonable and necessary at your disposal (remember, unlawful detention is a diet version of kidnaping).

If they lacked PC to detain this person, he should have resisted their attempts fully and vigorously, because if they were not acting within the scope of a legal right to detain him, they were no different than street thugs trying to shake him down.

What do you want to bet that discovery reveals these rentacops' written statements go more like "we believed he had removed items from the XYZ store in the mall and put them in the zippered pouch on his belt, so we approached him, and he became uncooperative.......blah blah blah," a story far different from what they told him at the scene.:barf: Their stories, of course, were covered in their "training," which is designed to teach them how to avoid personal liability for unlawful detentions and subsequent other rights violations in these situations.

Or am I too cynical for my age, based upon too much experience with Authoritay figures who broke the law and got away with it?

With any luck, his attorney will be able to get the whole thing flushed and suppressed based upon a complete and utter lack of PC for these thugs to even approach him. However, as the rentacops were not agents of the state, their "discoveries" may well still be admissible in court, even though they came about through an unlawful (still have to see on that one, though) search, leaving him only with civil remedies against these goons, the mall, etc.

Would like updates, please, if anything to see how it pans out on the detention and search issue, both of which are issues we encounter in concealed or open carry scenarios.
 
Signs at the state borders read: "Welcome to Illinois. Check your rights at the state line.":fire: :cuss: :banghead:
 
Since the JBTs in IL don't seem to care about the law, I hope he sues for enough money for them to care about. Good for him for standing up.
 
Here's a gun owner who has the cojones to stand up and fight, legally, instead of just turning tail and running to a more gun-friendly state, even though he's a young college student with limited resources. He's got a top notch attorney but as we all know those take money.

Actually, I think the fact that he is in college makes it easier. He doesn't have to worry about being fired for being arrested on a gun charge. And the attorney has won basically the same case before, and so is all but assured of making money on the case.

I do admire him for taking one for the team, though I'm not shocked by what happened here. You can open carry legally in California, but I'd never try it, because you can gaurantee you'd go through the same thing this guy did, even if you have virtually no chance of being convicted of any crime.

DCR said:
Rent-a-cops working as agents for retail merchants only have the authority to detain you if they have probable cause to believe you have stolen or are attempting to steal property and/or remove said property from the merchant's location or the premises

Yep, Mall Suckurity has no more authority than any other schmuck on the street. I wouldn't have let them lay their hands on me, unless I was completely overpowered.
 

Lets not go there. This is not a JBT situation. If it was I would be one of the first to point it out.

The guys that initially stopped him were mall ninjas. They called the local cops. After detaining him (in handcuffs) for several hours, the locals finally charged him. I suspect somewhere during that period of time they got their marching orders from higher authority.

It is very easy to blame guys at the bottom of the food chain for the bad actions or decisions of those higher up. Its not as if this situation happens every day. I think it would be interesting to find out just who made this decision. It would not surprise me any if it turns out they called for advice from the state's attorney's office and that was who decided to have him arrested.

It is also not a Nuremburg situation. The law is very badly written. The ISP guy that posts here has stated he thinks that fanny packing is probably legal, but I would bet 95% of cops think it is not or (more likely) never even considered it all. This situation stretches the fanny packing thing to its limit.
 
I agree with ilbob. Not all LEOs here in IL think that CCW is the end of the world. The closer you get to Chicago and the more likely you will encounter an anti-LEO. This is not always the case but more the general rule of thumb.
 
I've never encountered mall ninjas like those described, even when I lived in Chicago.

Unless they were sworn peace officers (a legal term in TX) and identified themselves properly via presentation of valid credentials, I would not be detained by such . . . I generally agree with DCR's post in that regard.
 
Rent-a-cops working as agents for retail merchants only have the authority to detain you if they have probable cause to believe you have stolen or are attempting to steal property and/or remove said property from the merchant's location or the premises.

I think these guys were general security for the mall, and not a store.

It is possible they are some kind of auxiliary cop. I don't know. I don't recall Shaun ever stating if they were armed or not. Interesting decision for an unarmed guard to arrest some one else for being armed, if that was the case.
 
unless cherryvale mall has undergone some very serious changes, the mall security has never been armed with anything but pepper spray.
 
unless cherryvale mall has undergone some very serious changes, the mall security has never been armed with anything but pepper spray.

I live on the other end of town and have not shopped there in a long time.

I don't think they are armed. Even if not armed they potentially could be some kind of auxiliary cop. I don't believe they are either, but I do not know with any certainty.
 
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