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View Full Version : CGF Defends Innocent Gun Owner From Criminal Charges, Secures $35,800 Settlement


wildhawker
05-14-2012, 6:28 PM
San Carlos, CA (May 14, 2012) – In an excellent conclusion to another federal civil rights lawsuit, The Calguns Foundation has secured a settlement agreement from defendants the City of Calexico, the Calexico Police Department, Chief of Police James Neujahr, and Calexico PD officer Mario Alcaraz. The case, Ian James Farias v. City of Calexico, et al., alleged that the defendants violated Mr. Farias’ Fourth Amendment rights by improperly arresting him and seizing his lawfully-possessed shotgun. The lawsuit also alleged that the Calexico PD failed to properly train their officers on firearms issues, leading to Mr. Farias’ arrest.

Mr. Farias had been driving through the Imperial County town of Calexico in late January, 2010, when Officer Alcaraz pulled Mr. Farias over for an alleged traffic violation. After receiving consent to search the back seat of the vehicle, Officer Alcaraz observed Mr. Farias’ shotgun – which was being transported unloaded and exposed on the back seat – and arrested Mr. Farias for an alleged violation of Penal Code section 12025 (a statute criminalizing the unlicensed carry of a concealed handgun). Mr. Farias spent 9 hours in the Imperial County Jail before bailing out and contacting The Calguns Foundation to assist in his defense.

With the aid of Foundation attorney Jason Davis of the law firm Davis and Associates, the criminal case against Mr. Farias was eventually rejected by the District Attorney’s Office. Not only did the DA not pursue criminal action against Mr. Farias, but Davis successfully obtained a rare Finding of Factual Innocence for Mr. Farias, which means that “no person of ordinary care and prudence [would] believe or conscientiously entertain any honest and strong suspicion that the person arrested [or acquitted] is guilty.” Mr. Farias then sued in Federal court to seek recovery of damages and mandate proper training, claiming that that the arrest violated his Fourth Amendment rights, among others.

As part of the settlement agreement, the City of Calexico paid Mr. Farias $35,800 and instituted a training program on criminal laws pertaining to firearms. The training bulletin, drafted by Mr. Davis and available for download at this link (http://bit.ly/L1JMvj), and covers topics of search and seizure, loaded firearm laws, unloaded concealed firearm laws, and the Law Enforcement Officer Safety Act. Significantly, the mandated training program also includes training on the recently passed “Open Carry Ban” bill AB144 and the 116 exemptions under which unloaded open carry remains legal.

“The training bulletin is designed to educate the department on California’s complex and convoluted firearm laws,” said Jason Davis. “My client sincerely appreciates the assistance of The Calguns Foundation, which made it possible for us to aggressively pursue the case.”

“This case is a reminder that exercising one’s right to keep and bear arms is not a waiver of their right to be free from unreasonable searches and seizures,” said CGF Chairman Gene Hoffman. “The more that California and local governments regulate firearms, the more they will have to train their law enforcement officers – or be held accountable in the courts.”

A copy of the complaint and case filings can be downloaded at this link (http://bit.ly/farias_v_calexico_docket).

Calguns Foundation is able to help defend innocent California gun owners like Mr. Farias because of the generous tax-deductible donations of our supporters. Please support our many Second Amendment lawsuits and programs by contributing at http://bit.ly/donate_to_cgf.

5.56in6.61
05-14-2012, 6:31 PM
Good job CGF!!!! Your guys are awesome!!

Sent from my LG-P999 using Tapatalk 2

dadoody
05-14-2012, 6:31 PM
Excellent work and excellent news! These types of fights are exactly what law abiding gun owners need, and CGF seems to be providing excellent resources.

cdtx2001
05-14-2012, 6:33 PM
Another win!!! Way to go fellers.

tpf68
05-14-2012, 6:33 PM
Way to go CGF!!!!!

cntrolsguy
05-14-2012, 6:33 PM
Rock On!!!!!

Wallabing
05-14-2012, 6:36 PM
Excellent outcome!!

rogervzv
05-14-2012, 6:37 PM
Good job CGF.
Never consent to a search of your vehicle. Just say, "I'd prefer that you did not conduct a search." If the cop wants to search anyway, you can't stop him (and should never try to) but that prevents the search being rendered legal as having been made with "consent."

spgripside
05-14-2012, 6:39 PM
Nicely done. Thanks.

Capybara
05-14-2012, 6:39 PM
Thumbs up guys, this is so great! We need more and more of these types of wins.

Thank you for all that you do for us.

Window_Seat
05-14-2012, 6:42 PM
Good job Jason Davis, and CGF! :thumbsup:

Erik.

JeremyKX
05-14-2012, 6:43 PM
Great job guys.

NoJoke
05-14-2012, 6:44 PM
I <3 this place!

:cool:

xoutxkastx
05-14-2012, 6:48 PM
right on

anthonyca
05-14-2012, 6:49 PM
CGF Chairman Gene Hoffman. “The more that California and local governments regulate firearms, the more they will have to train their law enforcement officers – or be held accountable in the courts.”:D

I love Gene's zingers!

ClarenceBoddicker
05-14-2012, 6:51 PM
Awesome, job well done. Who paid the settlement the union or taxpayers? What happened to officer Mario Alcaraz, punishment or promotion?

ElvenSoul
05-14-2012, 6:55 PM
Loving It!

HowardW56
05-14-2012, 6:58 PM
Good work!

;)

4DMASTR
05-14-2012, 7:03 PM
Great work CGF!

alfred1222
05-14-2012, 7:04 PM
good job guys!!!

trashman
05-14-2012, 7:04 PM
outstanding!

SuperSet
05-14-2012, 7:07 PM
This is exactly why I love CGF. And I was planning to buy something from Amazon soon too!

Paladin
05-14-2012, 7:10 PM
"I love the smell of napalm in the morning..." or the evening!

:thumbsup:

naimad
05-14-2012, 7:14 PM
Good job guy's :thumbsup:

skanless
05-14-2012, 7:21 PM
This is awesome. CGF is a great California resource. Keep up the excellent work. :thumbsup:

Rossi357
05-14-2012, 8:17 PM
He should get double that for having to live in Calexico.

SoCal Gunner
05-14-2012, 8:29 PM
He should get double that for having to live in Calexico.

LOL - But seriously...

How much of that $35k does he keep in his pocket? Is that the total settlement or does that $35k get eaten up with legal fees and the "training program"?

Don't get me wrong, even if the guy didn't make a dime, it's a great victory. But it would be nice to get a little something for the crap he had to go through.

eville
05-14-2012, 8:32 PM
Fine work to all involved. Thank you for helping all gin owners.

morfeeis
05-14-2012, 8:32 PM
It was our tax money that was paid out so even though i am happy for a CGF win i wish the arresting officer had to pay the 39k out of his own pocket.Keep kicking them where it hurts guys!

wildhawker
05-14-2012, 8:34 PM
Fine work to all involved. Thank you for helping all gin owners.

I'm not sure all of us are gin owners, but we're all very much bourbon consumers. ;)

-Brandon

SoCal Gunner
05-14-2012, 8:42 PM
I'm not sure all of us are gin owners, but we're all very much bourbon consumers. ;)

-Brandon

:rofl2::rofl2:

odysseus
05-14-2012, 8:48 PM
Fire for effect!

compulsivegunbuyer
05-14-2012, 8:48 PM
The states laws are so convoluted that even LE does not understand them. And now it would appear the laws are costing the state money. Way to go CGF, nice to see them get a taste of their own medicine.

odysseus
05-14-2012, 8:48 PM
bourbon > gin

repubconserv
05-14-2012, 8:51 PM
Great work!!!!

murbatchka
05-14-2012, 9:06 PM
Awesome!!!

Southwest Chuck
05-14-2012, 9:09 PM
Great win! Could have been any one of us. Thanks CGF !

hoffmang
05-14-2012, 9:10 PM
Great win! Could have been any one of us. Thanks CGF !

These things keep happening. There was another one this past weekend.

It's why we ask you to look into your checking account to make sure we have the resources to be there for the law abiding gun owner who runs into the wrong law enforcement agency...

-Gene

NoJoke
05-14-2012, 9:21 PM
These things keep happening. There was another one this past weekend.

It's why we ask you to look into your checking account to make sure we have the resources to be there for the law abiding gun owner who runs into the wrong law enforcement agency...

-Gene

I'm hoping the business starts getting stronger w/in the month, then I'll up my monthly to more of a "Ruth's Cris" level. :D

Rock on!

BretByron
05-14-2012, 9:23 PM
Inspired to donate $25.


Good job people.:thumbsup:

crackerman
05-14-2012, 9:24 PM
Great win. Since shotguns are the most "normal" guns for people (everyone grandpas had one right?) and there are a metric **** ton of hunters in Imperial County. I am happy as I spend a lot of time duck hunting and dove hunting down there. Even the Border Patrol I run into seems well educated.

CitaDeL
05-14-2012, 9:35 PM
After receiving consent to search the back seat of the vehicle, Officer Alcaraz observed Mr. Farias’ shotgun – which was being transported unloaded and exposed on the back seat – and arrested Mr. Farias for an alleged violation of Penal Code section 12025 (a statute criminalizing the unlicensed carry of a concealed handgun). Mr. Farias spent 9 hours in the Imperial County Jail before bailing out and contacting The Calguns Foundation to assist in his defense.

Good job CGF.
Never consent to a search of your vehicle. Just say, "I'd prefer that you did not conduct a search." If the cop wants to search anyway, you can't stop him (and should never try to) but that prevents the search being rendered legal as having been made with "consent."

Consent to search is irrelevant to the subject of this case. 1)The firearm was in plain view ie; exposed+NOT CONCEALED. 2) The firearm was not a concealable firearm subject to the statute for which Mr. Farias could be arrested for violating 12025. I think this is one of the rare instances that all of the learning is on the police department... and not the lawful gun owner. Can you imagine this being prosecuted under circumstances where the firearm was displayed in the rear window of a pickup truck? Same deal.

Well done Jason Davis and the Calguns Foundation. Case deserves more $ in my view.

mosinnagantm9130
05-14-2012, 9:38 PM
:D:D

ADH
05-14-2012, 9:41 PM
GET SOME!!!!


Donation inbound

MT1
05-14-2012, 9:46 PM
Loved reading this email :punk:

huntercf
05-14-2012, 9:48 PM
Way to go CGF! :hurray:

clutchy
05-14-2012, 9:55 PM
:) excellent.

five.five-six
05-14-2012, 9:56 PM
What kind of idiot would arrest someone under a concealed handgun statute for transporting an exposed shotgun..... :facepalm:


Good job CGF!!!

nick
05-14-2012, 10:03 PM
What kind of idiot would arrest someone under a concealed handgun statute for transporting an exposed shotgun..... :facepalm:


Good job CGF!!!

The one protected by qualified immunity and his department. Both help the "arrest now, and let DA sort it out" type of behavior.

RRangel
05-14-2012, 10:07 PM
Great win. Never stop.

tyrist
05-14-2012, 10:08 PM
What kind of idiot would arrest someone under a concealed handgun statute for transporting an exposed shotgun..... :facepalm:


Good job CGF!!!

The one who uses the official quick reference guides in the field and doesn't bother to look up the statute in the actual penal code.

rugershooter
05-14-2012, 10:31 PM
Too bad the cop didn't get any jail time....

Lugiahua
05-15-2012, 2:05 AM
Consent to search is irrelevant to the subject of this case. 1)The firearm was in plain view ie; exposed+NOT CONCEALED. 2) The firearm was not a concealable firearm subject to the statute for which Mr. Farias could be arrested for violating 12025. I think this is one of the rare instances that all of the learning is on the police department... and not the lawful gun owner. Can you imagine this being prosecuted under circumstances where the firearm was displayed in the rear window of a pickup truck? Same deal.

Well done Jason Davis and the Calguns Foundation. Case deserves more $ in my view.

It's like getting a ticket for "not wearing helmet while driving a car" :D

FreshTapCoke
05-15-2012, 3:05 AM
Thank you, CGF. Please continue to kick-butt. :D


The one protected by qualified immunity and his department. Both help the "arrest now, and let DA sort it out" type of behavior.

Is it possible to strip these defendants of qualified immunity in Federal court in a similar manner to RODIS v. CITY AND COUNTY OF SAN FRANCISCO?

chiselchst
05-15-2012, 7:03 AM
Bravo! (anyone remember what ever happened to that shotgun concealed carry case of the studend, in the truck in Long Beach?)

http://img.photobucket.com/albums/v180/chiselchst/Standing-Ovation_Night3.jpg

uyoga
05-15-2012, 7:34 AM
One for the Good Guys.

avneet
05-15-2012, 10:09 AM
Awesome job. Thanks CGF!

J.D.Allen
05-15-2012, 10:55 AM
How the hell did I not hear about this one?!

Anyway good job! The Calexico P.D. does not have the best reputation, I'm sure they could use the extra training.

J.D.Allen
05-15-2012, 11:00 AM
What kind of idiot would arrest someone under a concealed handgun statute for transporting an exposed shotgun..... :facepalm:


Welcome to the Imperial valley. Sometimes they do this stuff because of ignorance, and sometimes just because they can.

I actually once saw someone charged with possession of a deadly weapon under 12020 (a)(1) for a pistol and a rifle. Neither one is found anywhere in that section, but they wanted to charge felonies so they pulled it out of their arses.

Actually this area is a hotbed of criminal 2A cases because of the proximity to the AZ border. So many people coming through from AZ to San Diego or L.A. forget that they have guns in their cars, or don't realize they cant have them here. The cops here know it and they look for it.

RazzB7
05-15-2012, 11:03 AM
Thank you CGF and Jason Davis. Great job!

robcoe
05-15-2012, 11:11 AM
It was our tax money that was paid out so even though i am happy for a CGF win i wish the arresting officer had to pay the 39k out of his own pocket.Keep kicking them where it hurts guys!

I would get behind that, start bankrupting the people who actually commit the violations and it gives the individual officers one hell of an incentive to not abuse their authority.

I know right now qualified immunity protects him, but that's just one more reason I think the whole idea of qualified immunity should be done away with.

konata88
05-15-2012, 11:21 AM
Excellent outcome.

This type of situation does not seem infrequent. This is so frustrating -- we're all expected to know the law but practically speaking, if LE can't even get it right, it's not reasonable to expect average citizens to get it all right either. This suggests that the system is just too complicated and non-intuitive.

If LE and politicians can't articulate if particular scenarios are legal or not, why should citizens be held to a higher standard? If they can make "honest mistakes", citizens should be able to as well.

Paul S
05-15-2012, 11:39 AM
While it is true California forearms related law have serious problems the particular law cited in the arrest is easily understandable and is not overly complicated.
It seems to me this incident spotlights the individual officer as being woefully ignorant of a statute the officer should have been thoroughly familiar with. This is not some obtuse, complicated situation. A shotgun as a concealed weapon....oh please.

Did the settlement include attorney's fees?

Regardless...WELL DONE CGF.

Zachs300zx
05-15-2012, 11:42 AM
... “Open Carry Ban” bill AB144 and the 116 exemptions under which unloaded open carry remains legal.

So where can I find the open carry cheat sheet with the 116 exemptions to keep with my assault weapon flow chart. :rolleyes:

Great work CGF!

wildhawker
05-15-2012, 11:53 AM
... “Open Carry Ban” bill AB144 and the 116 exemptions under which unloaded open carry remains legal.

So where can I find the open carry cheat sheet with the 116 exemptions to keep with my assault weapon flow chart. :rolleyes:

Great work CGF!

http://calgunsfoundation.org/resources/downloads/category/21-ab-144.html

raydog
05-15-2012, 12:03 PM
Training bulletin should be given and available to every agency in this state not just Calexico.

defcon
05-15-2012, 1:58 PM
did anything come out of Mr. Farias pocket for lawyer fees paid to CGF to defend him?

what happens if you dont have money to pay for a lawyer?

Uxi
05-15-2012, 2:42 PM
What a bunch of numb nuts that PD is.

hkusp
05-15-2012, 2:47 PM
Now he can buy more guns!

NissanPreRunner
05-15-2012, 2:47 PM
Great job CFG :thumbup:

Uxi
05-15-2012, 2:49 PM
I would get behind that, start bankrupting the people who actually commit the violations and it gives the individual officers one hell of an incentive to not abuse their authority.

I know right now qualified immunity protects him, but that's just one more reason I think the whole idea of qualified immunity should be done away with.

At the very least come out of the department budget for the first offense. THEN go after the individual LEO. Everyone makes a mistake. I'd actually say first offense, just the agency. After that the Agency AND the individual agent should EACH pay the amount. So $70k in this case.

cvc04
05-15-2012, 3:02 PM
Great job CGF and Mr. Davis. Another reminder to just say NO when asked for consent to search.

drdarkness
05-15-2012, 4:01 PM
Another reason this state is in debt,incompetent police arresting law abiding citzens causing lawsuits like this. Thankfully we have Calguns to stand behind us when we need their support,which is another reason for us to support Calguns.

raydog
05-15-2012, 5:37 PM
This is the reason why the state is in so much debt Brown said because of lawsuits!!!

epilepticninja
05-15-2012, 6:36 PM
Suhweet! Good job, CGF.

wjc
05-15-2012, 7:09 PM
Pure awesome, guys!

thanks for posting the info, wildhawker!

scarville
05-15-2012, 7:17 PM
This is the reason why the state is in so much debt Brown said because of lawsuits!!!
That is known as a "clue". If the government doesn't want to go into debt from settlements like the above, then they must stop doing stupid stuff that causes them to lose.

rugershooter
05-15-2012, 10:03 PM
At the very least come out of the department budget for the first offense. THEN go after the individual LEO. Everyone makes a mistake. I'd actually say first offense, just the agency. After that the Agency AND the individual agent should EACH pay the amount. So $70k in this case.

This, along with mandatory jail time for civil rights violations such as this, would stop a lot of these situations from happening. If ignorance of the law isn't an excuse for me, it certainly shouldn't be for those whose job it is to enforce the law.

Joe
05-15-2012, 10:07 PM
Love it

drdarkness
05-16-2012, 12:06 AM
This, along with mandatory jail time for civil rights violations such as this, would stop a lot of these situations from happening. If ignorance of the law isn't an excuse for me, it certainly shouldn't be for those whose job it is to enforce the law.

Well said.

chunker
05-16-2012, 1:28 AM
WOOHOO! This also inspired me to become a contributor....=)

wildhawker
05-16-2012, 1:38 AM
WOOHOO! This also inspired me to become a contributor....=)

Do note that The Calguns Foundation (www.calgunsfoundation.org), a 501(c)3 nonprofit, is an entirely separate legal entity from Calguns.net, an individually-owned for-profit enterprise that maintains these forums.

-Brandon

J.D.Allen
05-16-2012, 9:28 AM
What a bunch of numb nuts that PD is.

Ha! You have no idea. This case isn't even the half of it. I could tell you some stories about these guys...of course they aren't all bad. And I don't know the chief but I hear he's actually a good guy.

chunker
05-16-2012, 10:12 AM
Do note that The Calguns Foundation (www.calgunsfoundation.org), a 501(c)3 nonprofit, is an entirely separate legal entity from Calguns.net, an individually-owned for-profit enterprise that maintains these forums.

-Brandon

Duly noted and fixed =)

1BigPea
05-16-2012, 10:43 AM
Awesome! Great work everyone.

Another check is on it's way!

Maltese Falcon
05-16-2012, 10:55 AM
Training bulletin should be given and available to every agency in this state not just Calexico.


Good reading for me as well. Excellent catalog of laws to know and understand.

.

rugershooter
05-16-2012, 12:56 PM
Ha! You have no idea. This case isn't even the half of it. I could tell you some stories about these guys...of course they aren't all bad. And I don't know the chief but I hear he's actually a good guy.

If this case is an example of how he runs the department, I highly doubt that.

Untamed1972
05-16-2012, 1:16 PM
What kind of idiot would arrest someone under a concealed handgun statute for transporting an exposed shotgun..... :facepalm:


Good job CGF!!!


Ever been to Calexico? My guess is the Calexico PD is not getting flooded with applications from the top academy grads in the state.

dawgcasa
05-16-2012, 5:47 PM
Ever been to Calexico? My guess is the Calexico PD is not getting flooded with applications from the top academy grads in the state.

Hey, that's my home town you're talking about! But yeah, it was never a garden spot but once upon a time it was a nice little US community with very diverse families: white, Latino, Greek, Chinese, Swiss. A real mix that lived off the farm economy and border commerce. Way back there wasn't even a fence between Mexico and people just lived in Mexico or the US and walked across the border freely to visit, but then went home. I used to walk across the border to have lunch all the time.

Now the majority of those families are gone and Calexico is largely a suburb of Mexicali that happens to be on the US side of the border. It's grown thru government subsidized housing largely filled with immigrants legal and illegal from Mexico. It's practically indistinguishable from Mexico with the exception of the heavy border patrol presence. Crime is rampant. And what were once neighborhoods of nicely kept middle class single family homes are now worn down dumps with barren yards. Holtville is much the same. Transformed from a little Mayberry into a Barrio over the last 35 years.

Paul S
05-16-2012, 8:48 PM
Hey, that's my home town you're talking about! But yeah, it was never a garden spot but once upon a time it was a nice little US community with very diverse families: white, Latino, Greek, Chinese, Swiss. A real mix that lived off the farm economy and border commerce. Way back there wasn't even a fence between Mexico and people just lived in Mexico or the US and walked across the border freely to visit, but then went home. I used to walk across the border to have lunch all the time.

Now the majority of those families are gone and Calexico is largely a suburb of Mexicali that happens to be on the US side of the border. It's grown thru government subsidized housing largely filled with immigrants legal and illegal from Mexico. It's practically indistinguishable from Mexico with the exception of the heavy border patrol presence. Crime is rampant. And what were once neighborhoods of nicely kept middle class single family homes are now worn down dumps with barren yards. Holtville is much the same. Transformed from a little Mayberry into a Barrio over the last 35 years.

How utterly sad. Take a deep breath and remember the good times.

Same is true for the suburb of Philadelphia where I grew up. Much of it is little more than a cesspool of crime now.

Tripper
05-16-2012, 9:22 PM
116 exemptions
I thought, previously
en route to or from a bonafide Hunter Education Class, was an exemption
is that gone?

BigDogatPlay
05-17-2012, 10:56 AM
Outstanding work CGF and Mr. Davis!!!!

For the plaintiff to have been booked for a 12025 charge for transporting an unloaded long gun lawfully in his vehicle speaks volumes as to the lack of training that the officer has received in his career.

Would it be possible to get a link to the Calexico PD training bulletin as prepared by Mr. Davis? It might also be a good one to print and share with LE at gun shows, etc.

wildhawker
05-17-2012, 10:58 AM
Outstanding work CGF and Mr. Davis!!!!

For the plaintiff to have been booked for a 12025 charge for transporting an unloaded long gun lawfully in his vehicle speaks volumes as to the lack of training that the officer has received in his career.

Would it be possible to get a link to the Calexico PD training bulletin as prepared by Mr. Davis? It might also be a good one to print and share with LE at gun shows, etc.

The link is in the presser; you can also download the training guide here: http://calgunsfoundation.org/resources/downloads/category/24-farias-v-calexico-settlement-law-enforcement-training-bulletin.html

-Brandon