Question regarding "mah rights"

[Kirk Freeman]

At least someone understands what to do: https://www.youtube.com/watch?v=1n1BHJs5V5c

 

[Thor]

Shush yo mouf.

 

[actaeon277]

At least someone understands what to do: https://www.youtube.com/watch?v=1n1BHJs5V5c

Where was the curb stompin?

 

[jbombelli]

So, at what point do I start yelling "Am I being detained?"?

You should already be yelling that when they get to you.

 

[MCgrease08]

Responses in red.

I'm not an attorney.

Clearly you are not.

If you open carry to a certain extent you've waived your fourth amendment.

In what sense? It's completely legal for a non-prohibited person to open carry a handgun in Indiana provided they have a License to Carry a Handgun. As many have mentioned, the recent Pinner decision made clear that simply carrying a handgun is not cause to stop someone.

Kind of like people who waive BB guns around should be surprised when they get shot. I'm all for liberty, but not for the abandonment of common sense.

Thankfully my version of liberty is not dependant on your opinion of what constitutes "common sense."

Also - A police officer just needs to show reasonable cause for stopping. Once they have reasonable cause you must comply with their directive when asked for ID. Any judge would consider open carrying reasonable cause.

Again this is simply wrong. See Pinner case.

 

[Kirk Freeman]

Also - A police officer just needs to show reasonable cause for stopping. Once they have reasonable cause you must comply with their directive when asked for ID. Any judge would consider open carrying reasonable cause.

Any judge in New Jersey maybe. Under Article I, §11 it is unreasonable. See Pinner.

Officer: "I have reasonable cause to stop you."

Freeman: "Because I am so damn hawt?" *sticks finger in mouth, places on buttock, shakes finger, wiggles butt*

 

[Kirk Freeman]

You should already be yelling that when they get to you.

Thank goodness. A voice of reason on INGO!

 

[Kirk Freeman]

I did a traffic stop lawsplainer. Why do I feel the need to do an LPC stop too?

 

[d.kaufman]

Any judge in New Jersey maybe. Under Article I, §11 it is unreasonable. See Pinner.

Officer: "I have reasonable cause to stop you."

Freeman: "Because I am so damn hawt?" *sticks finger in mouth, places on buttock, shakes finger, wiggles butt*

Lol +1

 

[injb]

laws are different everywhere. In Indiana you're only required to identify yourself if you've committed an infraction or ordinance violation. Just the act of carrying is not a reason for law enforcement to stop and detain you to verify whether or not you have a carry license nor are you required to inform if you are. Consensual encounters are a whole different story. Not sure how running someone after you've had contact with them is really a 4th amendment issue, never seen or heard of any case law on that. If the initial reason for the stop was unlawful then you get into fruit of the poisonous tree issues but there isn't anything to argue with a warrant (assuming there aren't any fresh charges that stem from the stop) as a judge has already decided there's PC for your arrest.
magistrate

Indiana Code 2016 - Indiana General Assembly, 2018 Session

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.

I've always wondered about that - does "stopped the person *for* an infraction" mean you have to have actually done it? Or just that their suspicion of that has to be the basis for the stop?

 

[snowwalker]

5 or 6 years ago I was at the Indy 1500 gun show and bought two pistols. I then stopped at Ranger Supply out of Fort Wayne and tried to buy a shotgun, did the paper work and it came back delayed and it went down hill from there. They wanted me to drive to Fort Wayne to pick it up later or me to pay shipping to have it shipped to Indianapolis with no movement in price on the shotgun and I said no, never mind, and got up to leave. The guy behind the table said I owed $40 for the paper work and he would get the police if I would not pay it. The police came, I gave my ID, and they did a background check and said I could go. No big deal. I learned from that to only buy at the local gun store from now on.

 

[mtgasten]

5 or 6 years ago I was at the Indy 1500 gun show and bought two pistols. I then stopped at Ranger Supply out of Fort Wayne and tried to buy a shotgun, did the paper work and it came back delayed and it went down hill from there. They wanted me to drive to Fort Wayne to pick it up later or me to pay shipping to have it shipped to Indianapolis with no movement in price on the shotgun and I said no, never mind, and got up to leave. The guy behind the table said I owed $40 for the paper work and he would get the police if I would not pay it. The police came, I gave my ID, and they did a background check and said I could go. No big deal. I learned from that to only buy at the local gun store from now on.

 

[GodFearinGunTotin]

Any judge in New Jersey maybe. Under Article I, §11 it is unreasonable. See Pinner.

Officer: "I have reasonable cause to stop you."

Freeman: "Because I am so damn hawt?" *sticks finger in mouth, places on buttock, shakes finger, wiggles butt*

You forgot "makes brief sizzle sound"...It's all about the details, man.

 

[rhino]

You forgot "makes brief sizzle sound"...It's all about the details, man.

Correct. An added eyebrow waggle is optional under current sass regulations.

 

[GodFearinGunTotin]

Correct. An added eyebrow waggle is optional under current sass regulations.

Right? It's like he's not even trying.

 

[STEEL CORE]

Any officer has any reason to ask me for "mah" I.D., I am going to show him or her "mah" I.D.
No crap, no "why", no BS, probably blue lights flashing in my rearview anyway, so just show it to them.

 

[lonehoosier]

Any officer has any reason to ask me for "mah" I.D., I am going to show him or her "mah" I.D.
No crap, no "why", no BS, probably blue lights flashing in my rearview anyway, so just show it to them.

NO!!!
To each their own.

 

[Dundee]

I’ve read all the posts here, but I would appreciate hearing this from the LEO’s view. Anyone?

 

[BehindBlueI's]

Indiana Code 2016 - Indiana General Assembly, 2018 Session



I've always wondered about that - does "stopped the person *for* an infraction" mean you have to have actually done it? Or just that their suspicion of that has to be the basis for the stop?

"Actually done it" is a question for the courts, not the officer. The question for the officer is reasonable suspicion for a stop, probable cause for an arrest.

I’ve read all the posts here, but I would appreciate hearing this from the LEO’s view. Anyone?

Anything specific?

 

[Dundee]

"Actually done it" is a question for the courts, not the officer. The question for the officer is reasonable suspicion for a stop, probable cause for an arrest.

Anything specific?

I have not been witness to an arrest, so I’ve not been in a situation where I’ve been recording a situation. But if I was and am asked by an officer for ID, what is the likely response of the officer if I respond like what has been suggested in these posts? I’m guessing escalation of the situation, but I’ve not been in the officer’s shoes. So, what is your opinion on best course of action?