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By Dean Weingarten

Grand Rapids Open Carry Lawsuit

Grand Rapids Open Carry Lawsuit

Dean Weingarten

Dean Weingarten

Arizona - -(Ammoland.com)-  In a previous article, the issue of whether Grand Rapids police were harassing a person openly carrying a holstered handgun, or if the police were justified in their actions, was discussed.

Much depended on what was shown in the dashcam video, which at least one city supporter questioned the existence of.  From the mlive.com article comments:

The city supporter wrote:

“Umm, no one is taking Tim’s comments as to a secret video that only he has seen seriously.”

From my reading of the comments, Tim Beahan, who used his real name, never said the video was secret or that he was the only one who had seen it.

From the December 24th mlive article, the city describes the situation thus:

“There was a man with a gun, observed immediately outside a church which was then in worship services. The man was talking loudly to himself and acting oddly.

Readers can watch the video now and see if the above description is supported by it.

Here is a brief synopsis from my viewing:

The officer has slowed down.  He is on the side of the street where the church is (seen later).   Johann Deffert is on the opposite side of the street a significant distance ahead, far enough so that he is difficult to make out in the video.  The patrol car gets a bit closer, and you clearly see him on the side walk on the left side.   He stops and stands facing the street.   As Officer Moe exits the car, he turns to look at the Officer.  The officer exits the car, draws his weapon and aims at Mr. Deffert (not seen in the video, but apparent from the following images), who, (estimated from car lengths) is about 75 feet away.  He orders Mr. Deffert on the ground, who immediately complies.

The officer advances on Mr. Deffert, muzzle seeming to cross a car that goes down the street between Officer Moe and Mr. Deffert.    When asked why he is stopped, Officer Moe says that it is because he is carrying a firearm, then later says he has to check to see if he is a felon or not.   Later, Officer Moe says that Mr. Deffert was talking to himself.   Mr. Deffert confirms that he was talking to himself, and that he was on the opposite side of the street from the church when he passed it.  Then a considerable conversation ensues where Mr. Deffert attempts to educate Officer Moe, and Officer Moe insinuates that there is no legitimate reason for Mr. Deffert to be carrying a gun.  During this time, Mr. Deffert is prone and handcuffed, with snow on either side of the sidewalk.  During this period at least one other officer shows up.

The video does not show that Mr. Deffert was loudly talking to himself immediately outside a church.  My estimate is that the church was perhaps 150 feet away, as it was on the opposite side of the road, set back some distance.   I could not hear Deffert talking to himself, but the video has been edited and it appears that the officer had seen Mr. Deffert earlier in part of the video that is edited out.

I had a retired State Patrol officer watch the video with me.  When he saw the officers responses, he simply said:  “The city is going to pay for this one.”

©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

About Dean Weingarten;
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973.  He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 10 User comments to “Video Released in Grand Rapids, MI Open Carry Harasment Lawsuit ~ Video”

    1. Jerrys Kidds on January 11, 2014 at 8:02 AM said:

      When is everyone in the USA going to have enough of this. This administration is in a fast pace to remove all of our rights. The need to do this quickly. ammo shortage, local LEO’s receiving military full battle gear etc.Don’t you guys feel all these shootings without a total investigation is rather odd??? The public is the target fro the w/h. Make there sacred that thee feds need to remove all weapons. Hell even all the older top brass is being removed if they are not with the current thinking. We need to get organized and roll.

    2. Mr. Deffert talks too much. Once he got the police to admit that they had no reasonable suspicion he should have closed his mouth.”Am I being detained?” “What is your reasonable suspicion that I’ve committed a crime?” After that “I do not consent to being detained.” “I do not consent to being searched?”.

      Cops lie to people about the Terry Stop:

      ‘A “Terry Stop” is a stop of a person by law enforcement officers based upon “reasonable suspicion” that a person may have been engaged in criminal activity,…’ http://definitions.uslegal.com/t/terry-stop/ Since carrying a gun can very well be legal that isn’t reasonable suspicion of anything.

    3. Ricky Rupp on January 11, 2014 at 8:45 AM said:

      The officer had a reason to talk to the man carrying openly if a call about him was received. The officer obviously did it in the wrong way. He could have been a “nicer” person instead of being an A–Hole. He should also stay away from the donut joints. His physical being is a embarrassment to his townships police force.

    4. mjnellett on January 11, 2014 at 9:01 AM said:

      The police seem to be getting more belligerent without knowing, or ignoring Michigan’s” Open Carry Law.” The question is why? If these officers are losing their nerve and believe that preemptive action is more important than citizens rights we have a MAJOR problem in this state. This militant police attitude has got to stop NOW! I have a brother who is law enforcement, so NO, I am not anti LEO!

    5. Hopalong on January 11, 2014 at 9:34 AM said:

      The cops need more training, before the cities, and towns go broke, as some has, in the past.

    6. I think the officer should be charged for brandishing a firearm.

    7. D.A. Moran on January 11, 2014 at 12:19 PM said:

      What are the chances the man was praying?

    8. THE GUESTAPO IS ALIVE AND WELL !!

    9. luvzforplay on January 11, 2014 at 4:56 PM said:

      Police don’t like to be on even ground with any citizen , for years for years before Obama started his nonsense you never saw anyone carrying a “open carry” handgun , and police were content because they walked around with the guns (lots because they were bullied in school and there gun made them safe) now because of Obama and Holders antics I believe we will be seeing a lot more of this until we get Obama impeached and him , Holder, Clinton and a few others on trial for several counts of Treason against our constitution and our Country !!

    10. Constitution Conceal on January 13, 2014 at 6:27 AM said:

      Interesting I wonder if he would have just concealed if anything would have ever happened. See this is the main issue I have with any laws in MI on guns. It allows the officer to escalate any situation instead of acting like a peace officer he turns into a goon. I am also sick of applications and licenses for EVERYTHING. What this cop did was violate his oath and more do it everyday because all they are are revenue officers to the corporation. STAND UP FOR YOUR RIGHT TO BEAR! To bear is to carry upon ANYWAY YOU DAM WELL PLEASE! If you obey Common Law the law of the land and cause no one harm or loss then your are NOT BREAKING ANY LAW! Our courts and peace officers are all gone do to the BULL CRAP Media and the past 40 years in destroying our great and wealthy nation. Just look at the Boston Bombing. They can do anything they want. STOP GENERATING REVENUE!

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