I emailed Mr Mark Goldberg of Warwick police yesterday after our encounter with my questions and my specific complaints. Here is our correspondence.
I received your e-mail regarding your specific complaint and questions. I have “cut and pasted” it into this document, and addressed your issues in blue.
I’d like to bring two things to your attention, if I may.
(1) I didn’t make my exact complaint clear this morning. It is this:
Jon Ogborn and Kathleen McGurney, ostensibly employees of Warwick township, are apparently unaware that open carry is legal in PA, that open carry does not rise to the standard of disorderly conduct and that a subject can not be detained simply for open carrying.
I was polite, calm and non-threatening at all times in my encounter with these folks and yet I was very rudely treated by Ogborn.
Ogborn bocked my exit from the restaurant without any RAS to detain me, without even showing me any police credentials.
This charge of disorderly conduct is entirely inappropriate and unjustified.
It’s trumped up because I did not show proper deference to Ogborn, apparently. However, this is not a crime.
Ogborn lied to me, saying that I was required by law to provide him my ID, when in fact I was not.
Ogborn searched me without my consent.
I have begun an internal investigation regarding the actions of Det. Ogborn and Ofc. McGurney at Randazzo’s on January 9, 2010. As of this writing, no charges have been filed against you. I have forwarded investigative materials to the Bucks County District Attorney’s Office for review. I have asked the DA’s office to review the actions of all involved to determine if a crime was committed. When I receive the results of their review, I will be in a better position to complete my internal investigation.
It occurred to me that I never gave you the opportunity to present your description of the events at Randazzo’s. If you care to give a statement, I will forward it to the DA for review. As I explained yesterday, you will not be permitted to bring a firearm into the police station. If you would prefer, you may e-mail me a statement, or I can use the documentation you provided yesterday. Please let me know as soon as possible, as the case is already under review.
(2) Here are my written questions:
Were you aware of the Municipal Police Officers’ Education & Training Commission 2009 update on open carry before I gave it to you this morning? Have Warwick PD employees received this training? When? Were the employees in question trained on this? When?
You are correct, this was a component of the MPOETC curriculum for 2009. All Warwick officers received this training at various times throughout 2009.
Is this this excerpt from the MPOETC open carry training memo consistent with Warwick township PD general orders and/or standard operating procedure?
“Persons engaged in the lawful open carrying of a firearm are not subject to seizure of their person or property based solely on the fact that they are engaging in open carry, nor may they be required to produce identification or other documents.”
We do not have an SOP or general order addressing the specific topic of the MPOETC module.
Is it customary for Warwick PD to arrest people on trumped up charges, without RAS? Is this acceptable behavior in Warwick township?
Is it acceptable in Warwick township for a police officer to refuse to provide his business card upon polite request?
We do not issue business cards to our officers, and don’t require them to purchase business cards on their own. Officers are not required to carry business cards or provide them to citizens. They are required to identify themselves when asked.
Is it standard operating procedure in Warwick township to demand ID even when it is not required by PA law?
Is it standard operating procedure in Warwick township to empty someone’s pockets when they are arrested, and before arriving at the jail?
Is it standard operating procedure in Warwick township to arrest someone for summary disorderly conduct, instead of just giving them a citation? Under what conditions do you arrest someone for a charge of summary disorderly conduct in Warwick township?
It may be acceptable, depending on the circumstances. The circumstances during which it would be acceptable vary greatly.
Thank you for your attention to this matter.
Understand that I am cooperating with you not because I have to, but because it is the right thing to do. You will be treated with professionalism, respect and dignity, as we strive to do with everyone. I will answer all your requests in accordance with the law, the interests of the Police Department and the residents of Warwick Township, and the interest of justice. This can be a difficult task, but I promise you I will do my best.
If we fell short somewhere, it will be addressed and appropriate action will be taken. If the DA determines you fell short in your actions, appropriate action will be taken. Of course, that applies to the involved officers as well.
Warwick Police Department
Warwick Township Police Dept.
1733 Township Greene
Jamison, Pa 18929