Threatened by Police

[bigiron]

We played out the movie "Super Troopers" [/quote


HAHAHAHAAHAHAHAHA, i did too once. "MEOW", "listen meow" i couldn't keep a straight face and the guy who was riding with me that night couldn't even get close to the car. anyhow, sorry for the THREAD JACK!


carry on

 

[Indy317]

Of course he can stop you when unlawful actions are taken. OC is not unlawful. Carrying a gun is not unlawful.

Wrong. Carrying a handgun in Indiana, open or concealed, is unlawful. There are certain classes of excepted individuals, one being license holders, who get a pass on the violation of this act.


At this time, based upon Indiana's _handgun_ law, there has yet been a court ruling that says if the mere carrying of a handgun is enough for an LEO to detain a person. Yes, I know there have been rulings in other states, but every single one of those have been a little different than this. There are also different ways in which this could play out:
The cop sees the person carrying the gun vs. getting a report from a reasonable person the guy/girl is carrying a handgun. Do both or either give rise to reasonable suspicion to stop, detain, and identify? Do both or either give the officer the ability to do a pat and frisk of the outer clothing? Do both or either give the officer the right to take the handgun during the course of the investigation? Does the situation allow for handcuffing?

They have yet to be answered, and they won't be answered unless someone sues the cops, or this was the initial cause for a stop which resulted in an unrelated criminal charge.

It would be nice for all those stating _facts_ in terms of what actions LEOs can and can't do to also post court rulings backing their facts up. What I have found is that many people read a court ruling and read it totally wrong, and then use that in an example that doesn't really apply to the underlying discussion.

 

[XDs4me]

This is from the official police guidance.

2.1 Use of Handcuffs

2.1.2 Any intentional application of force to the person of another is an assault. The use of handcuffs amounts to such an assault and is unlawful unless it can be justified. Justification is achieved through establishing not only a legal right to use handcuffs, but also good objective grounds for doing so in order to show that what the officer or member of police staff did was a reasonable, necessary and proportionate use of force.

This is justified if the officer feels you are a threat of fleeing or he feels there is a need to do a pat down or a fear that you are a threat to his safety. It is very hard to defend yourself against his thought of justification. It may not be right but it is legal for him to use reasonable force. You do have the right to not allow a search.

For those of you who feel it is wrong dont bother calling 911 when you are in need of assistance. A cops time is better spent helping and protecting those that respect the badge. Those of you who think that their rights are being violated should then hire a lawyer and go to court and state your case. Just because you can read your rights doesnt mean that you have been violated. That is what the courts are for to interpret the laws and how they are used for us or against us. That is the way our justice system is set up. Like it or not.

 

[XDs4me]

Slap a set of cuffs on me for no real good reason...
I have a lawyer on retainer he costs me the same every year if I use him or not.



And what does this have to do with me being violated?!

Stressful...
LOL...
Come to my playground I'll let you see stressful...

According to health magazine, people with the following professions pull their hair our more than others.
Here's the top ten:
1) Inner City High School Teacher
2) Police Officer
3) Miner
4) Air Traffic Controller
5) Medical Intern
6) Stockbroker
7) Journalist
8) Customer Service/ Complaint Worker
9) Secretary
10) Waiter

 

[jeremy]

According to health magazine, people with the following professions pull their hair our more than others.
Here's the top ten:
1) Inner City High School Teacher
2) Police Officer
3) Miner
4) Air Traffic Controller
5) Medical Intern
6) Stockbroker
7) Journalist
8) Customer Service/ Complaint Worker
9) Secretary
10) Waiter

Huh...

I wonder were a soldier in an active combat zone ranks on their list...

 

[printcraft]

Huh...

I wonder were a soldier in an active combat zone ranks on their list...

I can ship you a can of turtle wax for your chrome dome if you like, get me your addy.

 

[jeremy]

I can ship you a can of turtle wax for your chrome dome if you like, get me your addy.

No thanks I try to hide the shine as much as possible...

 

[rooster007]

It may not be right but it is legal for him to use reasonable force. You do have the right to not allow a search.

Please the next time you are ask to consent to a vehicle search ....Just say NO .....Then it become a vehicle inventory as your car/truck is being place on the back of a wrecker . waiting for a detectives hold /release. So usally your car will sit in an impound lot for a couple of days $$$$$$ plus the tow $$$$$ ....plus the day off work trying to get said vehicle out of impound / storage $$$$$ . yes you can stand up for your rights but its going to cost you

 

[E5RANGER375]

Please the next time you are ask to consent to a vehicle search ....Just say NO .....Then it become a vehicle inventory as your car/truck is being place on the back of a wrecker . waiting for a detectives hold /release. So usally your car will sit in an impound lot for a couple of days $$$$$$ plus the tow $$$$$ ....plus the day off work trying to get said vehicle out of impound / storage $$$$$ . yes you can stand up for your rights but its going to cost you

thats fine, but they wont get their way violating my rights. it might cost me a little to get my car out of inpound but then its gonna cost them a lot more when i sue their whole department and them individualy. sorry but fear of retaliation is no reason to hand over your rights. some police use this to bully the public, but it wont work on a lot of us. i have more rights than they do.

 

[38special]

Wrong. Carrying a handgun in Indiana, open or concealed, is unlawful. There are certain classes of excepted individuals, one being license holders, who get a pass on the violation of this act.

Here we go again. Seems like 25% of your posts are anti-OC.

NO. Carrying a handgun is not unlawful for me.

Just as an officer isn't allowed to simply pull over a car for no reason to check if they have a license, they shouldn't be able to stop a person OCing a gun.

 

[Mr.Hoppes]

Huh...

I wonder were a soldier in an active combat zone ranks on their list...

As a DAV I can tell you. You aren't a person your a tool. The Military will use you until your broken or out of contract.

More often than not, society does not recognize Military Server as a profession.

Also Hair cuts being what they are while in the service, hair being pulled out, is not realy a problem now is it? Just joking.

Thanks for your service!

Peace be with you.

 

[Ashkelon]

i'll admit it. statues of limitations have run out by now! i used to do it when i say a hot female just to see where she lived. i know, i know i was a JBT but i got bored easily. anyhow, just make sure dispatch shreads the IDACS report.

I believe it is tracked from the top down now --not the bottom up. Those may have been the good old days but for the younger officers on here please note Uncle Sugar and its all knowing computer programs are watching your requests!

 

[bigiron]

I believe it is tracked from the top down now --not the bottom up. Those may have been the good old days but for the younger officers on here please note Uncle Sugar and its all knowing computer programs are watching your requests!

you are correct sir! unfortunately, times have changed and prehaps somewhat for the better. there is a fine liine between the LEOs in our comminuty and the citizen. i think its important to address the fine line the officer walks everyday. i'm not saying what happened to the OP is at all right, but for the most part our LEOs have to walk around on egg shells because of the profile they carry. do they always make the right decisions or quote the law 100% correct, not at all. i don't always make the right decisions myself whether its speeding in a school zone or the way i discipline my children. these guys do have a tough job. my advice for a younger guy starting out, give 100% of yourself on your shift to always make the right judgement call and act responsibly. you'll make mistakes but in the end most will appreciate your work and you certainly won't end up in the situation the officers in the OP are in.

 

[Wabatuckian]

Soo... no real update yet?