IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.
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
It is not hard to articulate the "good faith" belief that an infraction or ordinance violation has occurred, and any time a firearm is involved it is potentially at least a misdemeanor if there is an illegally possessed firearm, the burden of which to prove otherwise is on the person carrying the firearm. I probably should have stated that more clearly in the other post. Anytime a firearm is involved, seen concealed or open, the burden to prove it is legally possessed is on the person, not on the officer, therefore you have a duty to provide your identifiers and LTCH to PROVE that you are a person legally possessing the handgun. If you chose to NOT identify yourself, that is your bad decision, as then the officer does have the ability to articulate that you refused to identify yourself, and that he had no ability to verify that you legally possessed a firearm.
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.
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
It is not hard to articulate the "good faith" belief that an infraction or ordinance violation has occurred, and any time a firearm is involved it is potentially at least a misdemeanor if there is an illegally possessed firearm, the burden of which to prove otherwise is on the person carrying the firearm. I probably should have stated that more clearly in the other post. Anytime a firearm is involved, seen concealed or open, the burden to prove it is legally possessed is on the person, not on the officer, therefore you have a duty to provide your identifiers and LTCH to PROVE that you are a person legally possessing the handgun. If you chose to NOT identify yourself, that is your bad decision, as then the officer does have the ability to articulate that you refused to identify yourself, and that he had no ability to verify that you legally possessed a firearm.
