Illegal Detention By Putnam County Sheriff’s Office Of West Virginia
BY Herschel Smith
This is a remarkable video for a number of reasons.
First of all, the cop who conducted the detention is a vile, foul-mouth, nasty, mean individual, who clearly hasn’t the temperament, education or intelligence to be a cop. In my estimation he has the temperament to be a ditch digger, and probably nothing more until he grows up.
Second, this detention was illegal. The video commenter keeps referencing U.S. versus Black, and that’s a good one to use since the Fourth Circuit determined that the simple act of carrying a gun openly in an open-carry state isn’t reason enough to stop and detain a man on suspicion of anything (Nathaniel Black and the Charlotte-Mecklenburg Police Department).
But it shouldn’t even have to get that far. West Virginia is not a stop-and-identify state based on every resource I could find on the subject (not that I believe stop-and-identify is constitutional, but it seems to be recognized by the courts in the case of a “Terry Stop” where there is legitimate suspicion of a crime). So the cop broke West Virginia state law. He no more has the right to stop someone and force them to answer questions or provide identification for no reason than I do.
Third, based on what this cop says, he does this all the time. Seriously. Watch the video. Based on what I heard, I think he confessed over video to multiple violations of constitutional rights of citizens of West Virginia.
Your contact information for this is the following.
sdeweese@putnamwv.org (Steve Deweese, Sheriff of Putnam County)
prosecutingattorney@putnamwv.org (Mark A. Sorsaia, Office of the Prosecuting Attorney
Putnam County Judicial Building)
Oh, and by the way, Putnam County is a so-called “Second Amendment Sanctuary” county. It looks to me like Sheriff Deweese isn’t on board with that and needs to be replaced.