Need direction on finding relevant code.

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  • Beau

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    Jan 20, 2008
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    Trying to find legal requirements for showing ID.

    1) Do you have to show if stopped on the street or in a store if stopped without RAS? Is LE required to provide cause when conducting a stop?

    2) Do you have to show if a passenger in a vehicle and the driver is stopped for a traffic infraction?

    3) Is OC a legitimate reason to be stopped and identified?

    Any help finding these answers in the code would be greatly appreciated.
     

    qwerty

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    Sep 24, 2010
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    Trying to find legal requirements for showing ID.

    1) Do you have to show if stopped on the street or in a store if stopped without RAS? Is LE required to provide cause when conducting a stop?

    2) Do you have to show if a passenger in a vehicle and the driver is stopped for a traffic infraction?

    3) Is OC a legitimate reason to be stopped and identified?

    Any help finding these answers in the code would be greatly appreciated.

    No

    No

    No

    34-28-5-3.5
     

    Sigblitz

    Grandmaster
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    Aug 25, 2018
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    Indianapolis
    IC 34-28-5-3.5 Refusal to identify self
    Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:

    (1) name, address, and date of birth; or

    (2) driver's license, if in the person's possession;

    to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.

    Trying to find legal requirements for showing ID.

    1) Do you have to show if stopped on the street or in a store if stopped without RAS? Is LE required to provide cause when conducting a stop?

    2) Do you have to show if a passenger in a vehicle and the driver is stopped for a traffic infraction?

    3) Is OC a legitimate reason to be stopped and identified?

    Any help finding these answers in the code would be greatly appreciated.

    :popcorn:
     

    Sigblitz

    Grandmaster
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    Aug 25, 2018
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    Indianapolis
    Indiana is a stop and identify state. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in stop and ID states.

    It's always better to identify yourself than risk going to jail.

    Or you can just ask if you're under suspicion of something and cut right to the chase.
     

    Cameramonkey

    www.thechosen.tv
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    May 12, 2013
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    So whats the reason for not identifying, OP?

    Personally, the only people I say (politely) to go jump in a lake are civilians who have no legal basis to detain me. For instance Walmart receipt nazis (formerly known as greeters before they gave them the little scanners to harass us as we leave). To them when there is no reasonable basis to see my receipt, they get a "no thank you, have a nice day!" and I keep walking.
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
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    Mar 20, 2008
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    Franklin Township
    The part people often forget or don’t understand is that if you are IDd when it’s not required, your remedy for that mistake is through the court, not at roadside in an argument with the cop. Officers are not required to tell you the reason for your stop so if you request that information as a condition of handing over your ID, things are going to go downhill and you may find yourself in jail. If you are asked for ID, hand it over and complain about it later, if it was indeed an improper stop. Arguing is for courtrooms.
     

    Trigger Time

    Air guitar master
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    Aug 26, 2011
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    The part people often forget or don’t understand is that if you are IDd when it’s not required, your remedy for that mistake is through the court, not at roadside in an argument with the cop. Officers are not required to tell you the reason for your stop so if you request that information as a condition of handing over your ID, things are going to go downhill and you may find yourself in jail. If you are asked for ID, hand it over and complain about it later, if it was indeed an improper stop. Arguing is for courtrooms.
    Winner winner chicken dinner.
     

    2A_Tom

    Crotchety old member!
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    Sep 27, 2010
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    I am not going to court because you made an improper stop.

    I will be polite and ask why. No.

    Am I free to go? No.

    I am under arrest? No.

    Have a nice day.

    It is not required to show ID or LTC to the police if I an walking down the sidewalk minding my own business. If you have RAS or PC then you can be polite enough to tell me. At which point I will give you my Name, Address and DOB.

    If I am Driving my car I am required to give you my DL, Registration and POI, it is not required to present or even carry my LTC.

    You should not be stopping people w/o RAS/PC.

    I will not abide fishing UNDER COLOR OF LAW.

    VUPD, I do not believe you and I will ever have a run in because I don't think you will abuse your authority.
     

    Sigblitz

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    Aug 25, 2018
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    The part people often forget or don’t understand is that if you are IDd when it’s not required, your remedy for that mistake is through the court, not at roadside in an argument with the cop. Officers are not required to tell you the reason for your stop so if you request that information as a condition of handing over your ID, things are going to go downhill and you may find yourself in jail. If you are asked for ID, hand it over and complain about it later, if it was indeed an improper stop. Arguing is for courtrooms.

    I did not know that.

    That's not what sovereign-travelers.com said.
     

    2A_Tom

    Crotchety old member!
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    Just a US citizen just like the cop.

    He is my equal and nothing more...




















    unless I break the law.
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
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    Mar 20, 2008
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    Franklin Township
    Here's the thing though; no cop is going to just randomly stop you for simply walking down the sidewalk, on some sort of fishing expedition. That is not productive. Ever. Cops want to catch bad guys, so randomly stopping folks is counterproductive to that mission.
     

    Vigilant

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    Jul 12, 2008
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    Plainfield
    Here's the thing though; no cop is going to just randomly stop you for simply walking down the sidewalk, on some sort of fishing expedition. That is not productive. Ever. Cops want to catch bad guys, so randomly stopping folks is counterproductive to that mission.
    Am I free to go?:):
     

    2A_Tom

    Crotchety old member!
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    Here's the thing though; no cop is going to just randomly stop you for simply walking down the sidewalk, on some sort of fishing expedition. That is not productive. Ever. Cops want to catch bad guys, so randomly stopping folks is counterproductive to that mission.

    I had a Lake County Deputy (off duty in civies) detain me for twenty minutes for Openly Carrying (years before Pinner).

    It used to be very anti 2A here in NWI. It is much better now.

    Kirk says " A confused cop is an aresty cop."

    Officers that do not know the law and make it up as they go, DO exist.

    I know because I have met several.

    As I say, I am not talking about you or any of our members that have a running conversation with GGWG.
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
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    25   0   1
    Mar 20, 2008
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    Franklin Township
    I hate that there are asshats among us. As a whole, in my department especially, we strive to do the right thing all the time and the fine folks I work with have great instincts and do very good police work. The whole "detaining someone for OC" has always made me cringe, and I admit that I struggle sometimes to believe it actually happens. It isn't logical to do that, so I have a hard time trying to figure out why someone would.
     
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