Open-carry Gun Lawsuit against Flint Township Police. Was man improperly jailed on Christmas Eve?

This past Christmas Eve, the Flint Township Police Department arrested 21 year old John McMorris for allegedly carrying a concealed pistol without a permit. Ultimately McMorris was released without being charged for any crime; however, after spending the entirety of his Christmas in jail, the Flint man has filed a lawsuit against the Flint Township Police Department.

John McMorris was walking to the store on Christmas Eve when a police cruiser stopped him along the side of the road. Responding to the flashing lights, McMorris raised his hands and turned to ensure that the .40 caliber Smith and Wesson pistol holstered on the outside of his clothing was made visible to the officer. The officer ultimately arrested McMorris, claiming that 15 minutes earlier he had seen McMorris walking with the weapon concealed under his coat. 24 hours later, McMorris was released and no charges were filed.

McMorris has elected to file a lawsuit against the Flint Township Police Department. He is currently seeking more than $25,000 in actual and punitive damages for civil rights violations, false arrest and malicious prosecution. The lawsuit is now pending in the Detroit U.S. District Court, trial is anticipated to begin in 2014.

The in-car camera footage captured from the officer’s vehicle is embedded at the end of this post. The footage raises a lot of questions; for example, if the gun was concealed, why did the officer stop McMorris in the first place? Was the officer unfair, or did the scent of alcohol on McMorris’ breath justify his arrest?

 

What do you think about this story? Watch the footage and decide for yourself.

Make sure to stay tuned to Michigan Criminal Attorney’s Blog for an update on this story. Also if you haven’t already, make sure to check out some of our other posts:

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• Holmes Youthful Trainee Act- Proposed Revisions