Please note that the profane language and belligerence on the part of the police did not decline when they realized they were being recorded. The police were not ashamed of their attitude or their language.
Police think their abusive behavior and language is acceptable. They just don't want "ordinary citizens" to know that they operate in this disgusting fashion. They want citizens to "respect" their "entitlement" to act in any way they wish.
His civil right of opening carrying was obviously violated based on the points 1 - 3 below... Later, is when his 1st Amend. right was also violated. So, I don't think this is an either or, it is both. Philly Police just kept stomping on his rights and refused to properly train their police force on the proper way to escalate force and on firearms laws.
1st- He was assaulted in public by the officer pointing a deadly weapon at him for conducting himself in a perfectly legal manner, e.g. open carrying a holstered weapon
2nd- Lawful possession of a firearm in public could not, by itself, create reasonable articulate suspicion and/or probable cause to justify an investigation. See United States v. Ubiles, United States v. King, St. John v. McColley
3rd- Officer did not have legal authorization to detain and disarm him, see Terry v. Ohio
I'm pro-gun first off. I think it was police profiling him while abiding the law. It was almost deadly use of force on the police's part. It was stupid of the PPD to issue a statement they will do it again. They are wrong.
The audio clearly shows mark was not complying with the officers orders for his safety while attempting to inspect his firearm since he did not know mark
Its clearly a 4th amendment violation seeing as he was illegally searched. He never broke the law and thus, there was no reasonable suspicion to search him. He offered the correct documents and the officer clearly ignored that. I do agree that the charges that were filled after the posting of the video can be considered a violation of his 1st amendment rights.
In a previous open carry encounter his firearm was seized and held for five months. This is a recurring issue in philly that the open carry community has been fighting for years.
You are misinformed. This is Mr Fiorinos third encounter with philadelphia pd for open carry. There had been several encounters with other open carriers as well. It IS a 2a issue because philly knows this is happening, has educated officers about it before, several times, yet it continues to happen. This is about philly bullying gun owners. After this stop police said OCers in philly should expect to be "inconvenienced". His later charges are due to the encounter, not the video
Why do you think the cops shouldve taken his recorder ?? Your saying your for the total illegal coverup of there behavior that proves there not exactly there to protect an serve law abiding citizens/harrasing lawfull citizens..then we wouldnt know how stupid an dirty an dumb these cops really are.
HEY SARGENT DOUGHERTY,I HOPE A NIGGER EXPLODES YOUR FUCKIN HEAD WITH A SAWED MACK 11 !! YOUR PIG ASS DOESNT HAVE A MONOPOLY ON HELPING OURSELVES..YOU NEED TO IMMEDIATELY EXECUTED FOR TREASON AN CRIMES AGAINST HUMANITY !! YOU IN ESSENCE NEED TO BE TAKEN OUT LIKE BIN LADEN MINUS THE SEAL TEAM 6..
SO JUST TO RECAP YOU NIGGER LOVING LIBERAL BASTERD..JUST TRY AN TAKE MY GLOCK FROM MY COLD DEAD HANDS YOU COCKSMUGGLER !!
The philadelphia police officers that engaged in this treasonous behavior need to be locked up..I believe treason is a death penalty case.These cops deserve no bail.An immediately after court they need execution..
Home grown terrorists have been in America for decades; it's your local police department. I'm not scared of Al-Qaeda in Iraq, I'm scared of Al-Qaeda in my Police Department.
The job of a cop is to humiliate, terrorize and destroy the moral of a community so as to bring about the highest level of fear and terror.
When they kick at your front door how you gone to come? With your hands on your head or a trigger on your gun?
We are 300,000,000 strong and we will unite and we will fight.
What if the cop who dsnt know the law breaks into your house puts a gun to your face shouting that he will KILL YOU throws u to the ground and maybe tazers you. Would you say that thats ok and that he was just doing his job? That he didnt do any harm and left your house after 40min after figuring out tht he was wrong?
Just because he didnt know the law dsnt meat that Mark was doing anything wrong.
Maybe u feel like getting on your knees or face down in dirt every time a cop feels like it, i dnt
@YuryArutyunov Thats exactly why mark had that recorder cause philadelphia police almost killed him before..So he wanted to bring to light just how stupid philly cops really are;..They only need a 9th grade education,an no college courses on law or ethics..
First who are you? For someone doing an "Op-Ed" piece you are doing a lot of Umm and I thinks when it comes to the facts. Do I think there is something fishy about the whole thing and him setting up the police yeah I do. Recording is a not something you do while walking down a street. Shame on the cop for not knowing that law especially when it comes to firearms. I think rather than arguing with the officer he should have complied to make the scene safe then cleared up the LTCF issue.
I have been robbed, tortured and falsely arrested by Philadelphia cops (and found not guilty.) The police had no malice in their encounter with you. Ignorance and rudeness are not crimes. In the future, please cooperate with the cops when they act in good faith. Hopefully, you will beat your charges. Tell your defense attorney to argue that you are not guilty of reckless endangerment because it was the cop who created the hazard by unnecessarily pointing a gun at you.
...about it not being a 4th Amendment issue. No law was violated, but a citizen was imprisoned, albeit for 45 minutes. That's an unreasonable deprivation of said citizen's freedom, which is, by definition, a violation of my 4th Amendment rights.
5. I just wanted to put some input here since you seem very reasonable and I felt like some of the info you had was simply incorrect, which is not your fault. Thanks for taking so much time to make this video. It's appreciated. :)
..."serve and protect," and that no lawyer seemed interested in holding them responsible for their actions. Posting it publicly was not an instigatory measure - it was to simply expose their unreasonable and abusive behavior. If there's a point to be made, it's two things - a) The police should know the laws they are paid to enforce, and b) we need to hold the "overseers" accountable for their actions.
4. I agree that this is partially a 1st Amendment issue, however, I disagree with you...
...police on multiple prior occasions, for the same practice of open carry. Knowing that they disregard the law and make a habit of trampling law-abiding citizen's rights, I decided on this particular February afternoon to record my entire walk in public, just in case. The encounter was not expected, planned, deliberate, instigated or antagonized.
3. The audio recording was posted on YouTube because I felt as though I had been violated at gunpoint by the people who are supposed to...
I'm watching this video after discovering it just this morning. A few things:
1. I always open carry. I never conceal unless there's an exceptionally good reason for it, such as attending a funeral or being in a particularly unfamiliar area. You mention at 2:54 that I normally conceal, and I wanted to point this out as incorrect. :)
2. I wasn't "setting up" the police. I was protecting myself, as I have been treated like a criminal by the Philadelphia...
I just want to state that I agree with you that this is a First Ammendment issue. But I would just like to state the Second Ammendment with a pertinent word capitalized: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and BEAR Arms, shall not be infringed.
@Preservation2012 it is a 2a issue because it is continuing a long trend of harassing not only lawful open carriers, but lawful gun owners in general. Philly seems to have a deep mistrust of firearms that the rest of the state doesn't share. Mark had been stopped before for this. Its well known if you oc in philly its a risk. I've done it myself, without issue, and it was pretty nerve wracking.
What are you talking about when you say he was setting up the police department by having a recorder while carrying in the open? Carrying in the open is a protected right. So what if he had a recorder? He could've been recording while eating a sub walking down the road. Had the police stopped him for eating a sub while walking down the road and he had a recorder, would he have been setting up the police? Open carrying is a protected right. Ignorance by police is inexcusable!
When has a criminal ever open carried? I am glad I live in an area where our police know the law. I have only had questions like "how do you like the 23?" I am glad he taught the Philly police about the laws of Philly. Know your job. That is the lesson.
When has a criminal ever open carried? I am glad I live in an area where our police know the law. I have only had questions like "how do you like the 23?" I am glad he taught the Philly police about the laws of Philly. Know your job. That is the lesson.
Violations were of the 2nd and 4th amendments, followed by his 1st amendment protections.
Also, it matters not the motive behind the recording. The thugs in blue could have just as easily been recorded behaving professionally with knowledge of city statutes. EPIC FAIL PPD.
@Preservation2012 - He was unlawfully threatened detained for lawfully carrying his gun. Violation of the 2A protection via the US Constitution. The weapon was fully holstered so the mere fact he was carrying was NOT lawful reason to detain him.
This video is a very fair assessment. The thing that stands out to me is the officer's lack of knowledge of the law. Also to me there is NO excuse for an American citizen being verbally assaulted with such vile, foul-mouthed disrespect. This incident is just the tip of the iceberg of the epidemic violations of our Constitutional rights taking place in America today. Today, traitors in the media are on a mission to discredit our Constitution and those who love it and believe in it.
Please note that the profane language and belligerence on the part of the police did not decline when they realized they were being recorded. The police were not ashamed of their attitude or their language.
Police think their abusive behavior and language is acceptable. They just don't want "ordinary citizens" to know that they operate in this disgusting fashion. They want citizens to "respect" their "entitlement" to act in any way they wish.
AnnieMowse 1 week ago
His civil right of opening carrying was obviously violated based on the points 1 - 3 below... Later, is when his 1st Amend. right was also violated. So, I don't think this is an either or, it is both. Philly Police just kept stomping on his rights and refused to properly train their police force on the proper way to escalate force and on firearms laws.
damiansar15 2 months ago
1st- He was assaulted in public by the officer pointing a deadly weapon at him for conducting himself in a perfectly legal manner, e.g. open carrying a holstered weapon
2nd- Lawful possession of a firearm in public could not, by itself, create reasonable articulate suspicion and/or probable cause to justify an investigation. See United States v. Ubiles, United States v. King, St. John v. McColley
3rd- Officer did not have legal authorization to detain and disarm him, see Terry v. Ohio
damiansar15 2 months ago
Thank You. Excellent, educational video.
jgong8638 3 months ago
I'm pro-gun first off. I think it was police profiling him while abiding the law. It was almost deadly use of force on the police's part. It was stupid of the PPD to issue a statement they will do it again. They are wrong.
saminwa 3 months ago
NOT GUILTY!
Catlicker101 4 months ago
The audio is quite humorous, and the officer sounds like a moron. Any chance you can make them look like idiots, go for it.
talltom1973 4 months ago
The audio clearly shows mark was not complying with the officers orders for his safety while attempting to inspect his firearm since he did not know mark
MrAv92701 4 months ago
Its clearly a 4th amendment violation seeing as he was illegally searched. He never broke the law and thus, there was no reasonable suspicion to search him. He offered the correct documents and the officer clearly ignored that. I do agree that the charges that were filled after the posting of the video can be considered a violation of his 1st amendment rights.
BennyIceEyes 4 months ago
In a previous open carry encounter his firearm was seized and held for five months. This is a recurring issue in philly that the open carry community has been fighting for years.
YllwFvrPB 5 months ago
You are misinformed. This is Mr Fiorinos third encounter with philadelphia pd for open carry. There had been several encounters with other open carriers as well. It IS a 2a issue because philly knows this is happening, has educated officers about it before, several times, yet it continues to happen. This is about philly bullying gun owners. After this stop police said OCers in philly should expect to be "inconvenienced". His later charges are due to the encounter, not the video
YllwFvrPB 5 months ago
Why do you think the cops shouldve taken his recorder ?? Your saying your for the total illegal coverup of there behavior that proves there not exactly there to protect an serve law abiding citizens/harrasing lawfull citizens..then we wouldnt know how stupid an dirty an dumb these cops really are.
BizzareCorpse 5 months ago
WANNA BE A PATRIOT ?? GET A GLOCK ,GO TO PHILLY AN POP A CAP IN A COP..ANY PHILLY PD PIG WILL DUE.THEY ALL BACK ILLEGAL TREASONOUS BEHAVIOR UP..
BizzareCorpse 5 months ago
HEY SARGENT DOUGHERTY,I HOPE A NIGGER EXPLODES YOUR FUCKIN HEAD WITH A SAWED MACK 11 !! YOUR PIG ASS DOESNT HAVE A MONOPOLY ON HELPING OURSELVES..YOU NEED TO IMMEDIATELY EXECUTED FOR TREASON AN CRIMES AGAINST HUMANITY !! YOU IN ESSENCE NEED TO BE TAKEN OUT LIKE BIN LADEN MINUS THE SEAL TEAM 6..
SO JUST TO RECAP YOU NIGGER LOVING LIBERAL BASTERD..JUST TRY AN TAKE MY GLOCK FROM MY COLD DEAD HANDS YOU COCKSMUGGLER !!
BizzareCorpse 5 months ago
The philadelphia police officers that engaged in this treasonous behavior need to be locked up..I believe treason is a death penalty case.These cops deserve no bail.An immediately after court they need execution..
BizzareCorpse 5 months ago
wow what a shock "a police officer that did not know the law" do any cops know the law do the courts even know the law
taggart64 5 months ago
This has been flagged as spam show
Home grown terrorists have been in America for decades; it's your local police department. I'm not scared of Al-Qaeda in Iraq, I'm scared of Al-Qaeda in my Police Department.
The job of a cop is to humiliate, terrorize and destroy the moral of a community so as to bring about the highest level of fear and terror.
When they kick at your front door how you gone to come? With your hands on your head or a trigger on your gun?
We are 300,000,000 strong and we will unite and we will fight.
CopsAreTerrorists 5 months ago
great job (!) in recording the incident.
ray7685 6 months ago
If the officers weren't ignorant of the laws they are supposed to enforce, this would have never happened... This lady is avoiding this key fact.
galaxyangel823 6 months ago
What if the cop who dsnt know the law breaks into your house puts a gun to your face shouting that he will KILL YOU throws u to the ground and maybe tazers you. Would you say that thats ok and that he was just doing his job? That he didnt do any harm and left your house after 40min after figuring out tht he was wrong?
Just because he didnt know the law dsnt meat that Mark was doing anything wrong.
Maybe u feel like getting on your knees or face down in dirt every time a cop feels like it, i dnt
YuryArutyunov 6 months ago
@YuryArutyunov Thats exactly why mark had that recorder cause philadelphia police almost killed him before..So he wanted to bring to light just how stupid philly cops really are;..They only need a 9th grade education,an no college courses on law or ethics..
BizzareCorpse 5 months ago
First who are you? For someone doing an "Op-Ed" piece you are doing a lot of Umm and I thinks when it comes to the facts. Do I think there is something fishy about the whole thing and him setting up the police yeah I do. Recording is a not something you do while walking down a street. Shame on the cop for not knowing that law especially when it comes to firearms. I think rather than arguing with the officer he should have complied to make the scene safe then cleared up the LTCF issue.
sw1928 7 months ago
@ViperGTS19801
I have been robbed, tortured and falsely arrested by Philadelphia cops (and found not guilty.) The police had no malice in their encounter with you. Ignorance and rudeness are not crimes. In the future, please cooperate with the cops when they act in good faith. Hopefully, you will beat your charges. Tell your defense attorney to argue that you are not guilty of reckless endangerment because it was the cop who created the hazard by unnecessarily pointing a gun at you.
PhillyCopsAreCorrupt 7 months ago
...about it not being a 4th Amendment issue. No law was violated, but a citizen was imprisoned, albeit for 45 minutes. That's an unreasonable deprivation of said citizen's freedom, which is, by definition, a violation of my 4th Amendment rights.
5. I just wanted to put some input here since you seem very reasonable and I felt like some of the info you had was simply incorrect, which is not your fault. Thanks for taking so much time to make this video. It's appreciated. :)
ViperGTS19801 7 months ago
..."serve and protect," and that no lawyer seemed interested in holding them responsible for their actions. Posting it publicly was not an instigatory measure - it was to simply expose their unreasonable and abusive behavior. If there's a point to be made, it's two things - a) The police should know the laws they are paid to enforce, and b) we need to hold the "overseers" accountable for their actions.
4. I agree that this is partially a 1st Amendment issue, however, I disagree with you...
ViperGTS19801 7 months ago
...police on multiple prior occasions, for the same practice of open carry. Knowing that they disregard the law and make a habit of trampling law-abiding citizen's rights, I decided on this particular February afternoon to record my entire walk in public, just in case. The encounter was not expected, planned, deliberate, instigated or antagonized.
3. The audio recording was posted on YouTube because I felt as though I had been violated at gunpoint by the people who are supposed to...
ViperGTS19801 7 months ago
Hello, Preservation2012.
I'm watching this video after discovering it just this morning. A few things:
1. I always open carry. I never conceal unless there's an exceptionally good reason for it, such as attending a funeral or being in a particularly unfamiliar area. You mention at 2:54 that I normally conceal, and I wanted to point this out as incorrect. :)
2. I wasn't "setting up" the police. I was protecting myself, as I have been treated like a criminal by the Philadelphia...
ViperGTS19801 7 months ago
ROFL @ HER CURSING.
hateraide 7 months ago
The POINT is he should have never been stopped in that way in the first place(A FIRE ARM IN THE FACE) .
dan944 8 months ago
LOL
dan944 8 months ago
I just want to state that I agree with you that this is a First Ammendment issue. But I would just like to state the Second Ammendment with a pertinent word capitalized: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and BEAR Arms, shall not be infringed.
brontoab1 9 months ago
@brontoab1 If he had been arrested, then I would agree with you, it would have been a 2nd Amendment issue.
Preservation2012 9 months ago
@Preservation2012 it is a 2a issue because it is continuing a long trend of harassing not only lawful open carriers, but lawful gun owners in general. Philly seems to have a deep mistrust of firearms that the rest of the state doesn't share. Mark had been stopped before for this. Its well known if you oc in philly its a risk. I've done it myself, without issue, and it was pretty nerve wracking.
YllwFvrPB 5 months ago
@brontoab1 -- Right!
notmycity 9 months ago
Thnak you Debra for this piece. I've had a range of emotions regarding this issue, and your editorial has been enlightening.
iqaboveyou 7 months ago
What are you talking about when you say he was setting up the police department by having a recorder while carrying in the open? Carrying in the open is a protected right. So what if he had a recorder? He could've been recording while eating a sub walking down the road. Had the police stopped him for eating a sub while walking down the road and he had a recorder, would he have been setting up the police? Open carrying is a protected right. Ignorance by police is inexcusable!
brontoab1 9 months ago
When has a criminal ever open carried? I am glad I live in an area where our police know the law. I have only had questions like "how do you like the 23?" I am glad he taught the Philly police about the laws of Philly. Know your job. That is the lesson.
thormcse 9 months ago
When has a criminal ever open carried? I am glad I live in an area where our police know the law. I have only had questions like "how do you like the 23?" I am glad he taught the Philly police about the laws of Philly. Know your job. That is the lesson.
thormcse 9 months ago
Violations were of the 2nd and 4th amendments, followed by his 1st amendment protections.
Also, it matters not the motive behind the recording. The thugs in blue could have just as easily been recorded behaving professionally with knowledge of city statutes. EPIC FAIL PPD.
notmycity 9 months ago
@notmycity How was this a violation of his 2nd Amendment rights? He was not arrested nor charged with any gun law violations.
Preservation2012 9 months ago
@Preservation2012 - He was unlawfully threatened detained for lawfully carrying his gun. Violation of the 2A protection via the US Constitution. The weapon was fully holstered so the mere fact he was carrying was NOT lawful reason to detain him.
notmycity 9 months ago
@Preservation2012 I understand your position. This is a hotbed of controversy. All we can do is wait to see how this plays out. -Deborah
Preservation2012 9 months ago
@CorruptPhillyCops
"gun nuts"
yea, tell that to the 2nd Amendment. That holds more weight than nonthinking people like you, and that thug immitating a peace officer Dougherty.
MrAmericanWorker 9 months ago
@CorruptPhillyCops LOL i used to work with this guy have a few stories about his behavior.
extremekicksdotcom 9 months ago
This video is a very fair assessment. The thing that stands out to me is the officer's lack of knowledge of the law. Also to me there is NO excuse for an American citizen being verbally assaulted with such vile, foul-mouthed disrespect. This incident is just the tip of the iceberg of the epidemic violations of our Constitutional rights taking place in America today. Today, traitors in the media are on a mission to discredit our Constitution and those who love it and believe in it.
EclecticFortune 9 months ago
@EclecticFortune Eclectic: This case may end up being about much more than any of us can imagine at this point. Thanks for your comments. -Deborah
Preservation2012 9 months ago
@ThereseMarie59 My pleasure. Thank you for watching. -Deborah
Preservation2012 9 months ago