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  1. #1
    Da PinkFather jedi's Avatar

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    An OC Guide to Protecting Your Rights: What to do when LEO stops you

    I AM NOT AN ATTORNEY & THIS IS NOT LEGAL ADVISE
    We have had several threads on people who OC and getting stopped by police for it. Some have turned out OK (nice chat with the LEO) and others have not (ie. LEO coming out with guns draw, having OC person lay on floor, being verbally abusive, etc..)

    The threads have given a slew of information (document stuff, lawyer up, sue) and have also given a slew of LEO bashing along with spinning off various case laws, what the law is, etc...

    Seems like the same stuff is repeated over and over. Granted it happens to different members and some members here may be "newer" than others and thus may not have read the older threads.

    So with that in mind perhaps a sticky called An OC Guide to Protecting Your Rights is in order. Here is a list of items that I have picked up from various members and other sites regarding this issue.

    DOCUMENTING THE EVENT
    - Write a letter to the manager (and CC corporate office) of any establishment (if any) with security cameras where the incident takes place. Ask them to not destroy/re-record the video footage at location x for date y for time z as they may be used in an upcoming civil/criminal trial. Sign letter, make a copy and send via CERTIFIED MAIL with SIGNATURE confirmation.

    • Write down a complete time line of the events from before the incident, the incident and post incident.
    • Where where you coming from?
    • What were you doing prior to the event?
    • What did you stop at this location?
    • Who was with you?
    • What did the LEO say?
    • How many of them were there?
    • What were their names? Badge #? LEO Agency?
    • What occurred?
    • How did you feeling duirng this event?
    • What did you do after the event?
    • How did you feel after the event?
    • SIGN & DATE this statement.
    - Have any other witness in your party also write down what they saw. Have them SIGN & DATE their statement.

    - Have the statements notarized ASAP.

    - Take pictures of what you were wearing when the incident occurred

    - If possible carry with you an audio recording device. Under Indiana Law only one party needs to know that a recording is occurring for it to be legal. (IE. Since you are recording you ARE that one party). Remember if you have a cellphone chances are good it can record audio/viedo and take pics as well use it!

    ACTION TO TAKE
    - File formal complaint with LEO agency and obtain file complaint number
    - Contact <<insert your county name here>> County Bar Association and ask them who specializes in Civil Rights cases.
    - Contact your attorney which you may have on retainer or have dealt with before.

    INFO TO HAVE ON HAND & REMEMBER WHEN TALKING TO LEO

    If you are being arrested; involved in any type of firearm issue; or anything in which an LEO is in your presence

    My name is <<insert your name>>. I feared for my life. I request legal counsel before I answer any questions. (Plus read the statements below)

    Non-Waiver of 4th and 14th Amendment Rights Statement
    I have been advised never to waive a constitutional right protecting my liberty. In respect for the wisdom of our founding fathers who knew well the dangers of a dictatorial government.
    I hereby invoke my rights as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution.

    I do not consent to a search of my person, my belongings, my automobile, my home, or any other of my items. I also do not consent to any further detention of my person, my belongings, my automobile, or any other of my items.

    If you search or detain me without the requisite justification under the law, you are hereby advised that I will take all appropriate legal action against you personally, as well as against your employer.

    Non-Waiver of 5th, 6th and 14th Amendment Rights Statement
    I have been advised never to waive a constitutional right protecting my liberty. In respect for the wisdom of our founding fathers who knew well the dangers of a dictatorial government. I hereby invoke my rights as guaranteed by the Fifth, Sixth and Fourteenth Amendments to the United States Constitution.

    I hereby invoke my Sixth Amendment right to an attorney as well as my Fifth Amendment right to remain silent. I will therefore remain silent until an attorney is provided.

    If you question or interrogate me in the absence of my attorney, you are hereby advised that I will take all appropriate legal action against you personally, as well as against your employer.

    Indiana State Police FAQ
    http://www.in.gov/isp/files/firearms_FAQ_02_08.pdf
    Page 7 talks about IN LAW being silent on OC/CC.

    Why DO NOT Talk To Police
    [ame]http://www.youtube.com/watch?v=6wXkI4t7nuc[/ame]
    ---
    I'm sure I'm missing more & I will update the OP if you guys & gals can think of something else to add. Libertarian??? I want to thank you for some of the text in this write-up that I copy & pasted from another of your post. There is one other member that I copy & pasted some info as well. Please speak up to get the credit you deserve. Some of the other text came from another site.

    --UPDATE--
    Added audio recording info, contact ATTY on retainer, don't talk to police video, what to say if being arrested.

    --UPDATE--
    Added more text to audio section

  2. #2
    Shooter

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    WOW! this is a great post. im suprised it hasnt recieved some support already. THANK YOU FOR THIS!!! Right on Brother!!

  3. #3
    Plinker chickenman's Avatar

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    Yes. Thanks for the info.
    asked if he had sighted his scope in, his response was It was ok on my other rifle!!!!!!!

  4. #4
    Plinker

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    Small personal audio recording device.
    Indiana does not require all party notice. I confirmed this with Carl Brizzy over the radio 93.1 WIBC two years ago.
    Record the bastages.
    Bugged out to TX.

  5. #5
    Grandmaster redneckmedic's Avatar

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  6. #6
    Da PinkFather jedi's Avatar

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    Update on audio device, atty on retainer and ATTY DISCLAIMER info, blurp on asking for legal counsel, and video on do not talk to LEO

  7. #7
    Plinker

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    Thanks for the info.

  8. #8
    Shooter

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    Thank you very much for the information,

  9. #9
    Master mk2ja's Avatar

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    Great work, Jedi! I'll rep you once I get recharged.
    Discussion is an exchange of knowledge; an argument an exchange of ignorance. R. Quillen
    Quote Originally Posted by bglaze View Post
    mk2ja, for an Unreasonable Argumentative A**, you're makin' some d**n good points!
    Everything the Marines taught me about rifle marksmanship, I had already learned from the Appleseed Project. Find an event near you!

  10. #10
    Plinker

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    thanks, very informative.

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