What warrants a deputy from running my name if no known law broken?

[Krowbar]

What is the name of your state (only U.S. law)? Oregon

Someone complained in my neck of the woods that some man was firing weapons on our property. We are out of city limits and it is perfectly legal to do so and this was not the issue. A deputy came up to our property to tell us people were complaining and to just give us a warning about the potential safety concerns.

Thing is, I have a temporary NON-VIOLENT restraining order against me for a crazy-ex. I'm not here to argue that but I personally can not own firearms at the moment. It's almost expired however. Anyways, the deputy talked to my dad first, and my dad, being the goof that he is, was just rattling off being friendly with the officer about me allegedly shooting. I didn't even know there were police on the property. The officer knocked on the lower level where I stay while I was cooking dinner and found out the officer already ran my name. He had no reason to believe a crime was committed, he does not know me personally or know that I can't "possess" a firearm. He didn't run anyone else's name. If he ran my fathers' name, a petty felon (small time theft), he might have been in even more trouble.

Anyways, friends, what is the legitimacy for the officer to run my name for no just reason? He was only there to tell us some distant neighbors complaining about noise in mid-day. I didn't offer any information either.

I have a public defender who is not much help. I Can't afford much, as a full-time student with only the GI bill as a source of income whilst attending school.

Thank you very much!

 

[Antigone*]

What is the name of your state (only U.S. law)? Oregon

Someone complained in my neck of the woods that some man was firing weapons on our property. We are out of city limits and it is perfectly legal to do so and this was not the issue. A deputy came up to our property to tell us people were complaining and to just give us a warning about the potential safety concerns.

Thing is, I have a temporary NON-VIOLENT restraining order against me for a crazy-ex. I'm not here to argue that but I personally can not own firearms at the moment. It's almost expired however. Anyways, the deputy talked to my dad first, and my dad, being the goof that he is, was just rattling off being friendly with the officer about me allegedly shooting. I didn't even know there were police on the property. The officer knocked on the lower level where I stay while I was cooking dinner and found out the officer already ran my name. He had no reason to believe a crime was committed, he does not know me personally or know that I can't "possess" a firearm. He didn't run anyone else's name. If he ran my fathers' name, a petty felon (small time theft), he might have been in even more trouble.

Anyways, friends, what is the legitimacy for the officer to run my name for no just reason? He was only there to tell us some distant neighbors complaining about noise in mid-day. I didn't offer any information either.

Thank you very much!

He had a reason, there were reports of shots fired.

 

[Krowbar]

? He had reason to run my name even though no crime was committed? Really? Had a reason to run my name but nobody else's? It is not illegal to shoot a gun in Oregon on our property. Within earshot, on any given day, you will hear guns being fired. Think country and city limits over 5 miles away as the crow flies.

 

[Zigner]

He had reason to run my name even though no crime was committed? Really? Had a reason to run my name but nobody else's?

Yes.
Yes.
Yes.

 

[justalayman]

how did the cop get your name?

how do you know they didn't run your father's name?

 

[Zigner]

...even though no crime was committed?

There was a crime committed.

 

[Krowbar]

It wold be really cool of you guys to explain why he did. I know i can walk down the road with an AR-15 strapped to my back in 99% of Oregon and if the police stop me, I do not have to give them my ID or my name if asked. Not unless they suspect a crime is being committed and I am detained. Why is that different here?

I appreciate the help though. Just trying to understand why.

Even if they ran my dad's name, why mine too? Unless this officer had reason to believe a crime was committed, why does he have authority or why would he find it necessary to? Just because? If he suspected my dad of shooting, why not check his name too? There were no eyewitnesses that I was the one shooting either. Just gunshots being heard by older neighbors.

 

[Krowbar]

What was the crime committed? In no way shape or form was any law broken. Shooting on my property is legal. An officer just wanted to tell us we received complaints. People complaining about shots being fired is not a crime.It wasn't until the officer found it necessary to run my name when the crime was committed. Did he have suspicion to believe that I was not suppose to own a firearm? I guess I just don;t understand it. I mean, I do, but I feel like he had no reason to run it as no crime was committed at all prior to running my name. With that said; why not run My dad's, mom's, brother-in-law's, or sister's name who were all present and firing guns too?

 

[Zigner]

What was the crime committed?

Tell me what you are charged with...then, I will have the answer to your question.

 

[Zigner]

...why not run My dad's, mom's, brother-in-law's, or sister's name who were all present and firing guns too?

Maybe he did.
Maybe he didn't.
Maybe he just had a hunch.
Maybe one of the neighbors tipped him off (you know...the one that called the cops in the first place...)

 

[Krowbar]

Contempt of court is my charge.

He didn't run anyone else's name. He ran our names over a radio that was audible by my father the entire time and I heard the dispatcher tell the police I wasn't suppose to possess firearms about 20seconds after I first had contact with him. He initially just said that no one was in trouble, but that someone complained about shots fired and that he was just informing us. Then my name came over the radio and I was arrested. I was never read my rights and my mother and father both stated that they did not consent to a search. I understand that he has the right to walk around the immediate area the crime was allegedly committed, in the name of safety concerns to himself, but he walked in about a 50 yard radius on our property until he found an old weathered .223 round and snapped pictures.

 

[Zigner]

Contempt of court is my charge.

He didn't run anyone else's name. He ran our names over a radio that was audible by my father the entire time and I heard the dispatcher tell the police I wasn't suppose to possess firearms about 20seconds after I first had contact with him. He initially just said that no one was in trouble, but that someone complained about shots fired and that he was just informing us. Then my name came over the radio and I was arrested. I was never read my rights and my mother and father both stated that they did not consent to a search. I understand that he has the right to walk around the immediate area the crime was allegedly committed, in the name of safety concerns to himself, but he walked in about a 50 yard radius on our property until he found an old weathered .223 round and snapped pictures.

Well there ya go.
Again, the officer can call in your name if he so chooses.

 

[Krowbar]

Can you explain? There ya go what? I feel like I can't get it through to you. That answer begs the question, WHY? Why did he find the need to run my name if he had NO IDEA a crime was even being committed? Can he come on my property without a warrant? I know he can if he's just there to inform us of something, but he wasn't there to tell us we committed a crime or anything.

Any reference to law or is that not this type of forum?

 

[tranquility]

While an officer may have a limitation under state law making it illegal to "run" a person for no lawful purpose, an on duty officer doing his job can routinely run a person. Reasonable suspicion would not be required as there is no search or seizure.

 

[Krowbar]

Thank you, Tranquility. Is there an ORS or statute for that? How do people get away with walking the streets with open carry guns that get questioned by the police and they tell the officers that they will not give them their name and/or ID? Seems like it's one in the same.

There are a ton of YouTube videos (don't laugh) where people exercise this right. Almost always someone complains some man is walking down the street with a visible gun, and the cop just responds to it to check up on things. No law broken. And the officers are unable to demand ID or their name. My case seems to parallel that.