You are cop for a day, what do you do???

[Signal23]

Let's turn this around, I go into a gas station, I get a slim jim and a slurpie (the blue ones). I have my gun in my pocket, it's pulling my sweat pants down, so I take it out of my pocket, I hold the slurpie and slim jim in my left hand, gun in my right, I go to the counter to pay, guy behind counter seems cool, but hits the button.......fast forward. Cops come, my gun is in my pocket now, but I did clearly have it out and grabbed it by the grip in manner to surprise the guy at the counter, he want something done, he tells the cops "I am not sure, but I think he pointed it at me".......COP says OK we will put it to him............WHAT IC do you think this will go under???

OOK, I'll give this a little nudge.......Now, the cop looks at the video and "HE THINKS I am guilty ALSO.

Now, does he ticket me, cuff and stuff.......or send me on my way.

(both guys think I did something wrong, PD and witness, AND you are pretty sure I am guilty as well as a witness)...........so let say a higher than 80% chance, maybe even 90% chance or higher I am wrong....

What's your choice, summons, cuffed, walk. OH, and what IC, either way.

 

[Dirtebiker]

Most likely a stern lecture, and let him walk? But that's just me!

I mean, what did he really do? Pointing a gun (inadvertently) at the most!?
I know, STUPID. But worth taking him to jail?

 

[LEaSH]

Summons. I wouldn't feel the need to lecture the guy neither. - Not even about the way he dresses himself.

It's just business... And I gotta tell my dumb boss I did something today...

 

[phylodog]

Steal a doughnut from the gas station rack, shove the entire thing in my mouth, walk out, get in my car and drive away.

 

[Signal23]

What Law or code for the summons??

 

[MikeDVB]

Last I looked, bearing in mind I'm not a lawyer, the IC states pointing a firearm at a person intentionally.

Doing so accidentally while it isn't smart, unless there's a law I missed and that is quite possible, isn't illegal in and of itself.

IC 35-47-4-3
Pointing firearm at another person
Sec. 3. (a) This section does not apply to a law enforcement officer who is acting within the scope of the law enforcement officer's official duties or to a person who is justified in using reasonable force against another person under:
(1) IC 35-41-3-2; or
(2) IC 35-41-3-3.
(b) A person who knowingly or intentionally points a firearm at another person commits a Class D felony. However, the offense is a Class A misdemeanor if the firearm was not loaded.

If you were going to get a summons, I imagine it would be for 'intimidation' but even that IC requires some sort of intent.

Unless the person intentionally pointed the firearm with the intent to intimidate the person I'd probably point out how incredibly not-too-smart their actions were after requesting and verifying their license to carry.

 

[Dirtebiker]

Steal a doughnut from the gas station rack, shove the entire thing in my mouth, walk out, get in my car and drive away.

This actually sounds like the best answer!

 

[Bunnykid68]

Steal a doughnut from the gas station rack, shove the entire thing in my mouth, walk out, get in my car and drive away.

You used purple, but I agree with this so long as the donut is given too you or you pay for it. No gun out and the guy paid for his stuff, just tell him to get a damn holster and a belt and watch how you handle your gun.

 

[LEaSH]

What Law or code for the summons??

Yeah, you said,"OOK, I'll give this a little nudge.......Now, the cop looks at the video and "HE THINKS I am guilty ALSO."

So I guess that I'll wright it for pointing - but that's a felony - so maybe I'd have to step on some neck.

 

[Frosty]

I think I would cuff him, put him in the back of the car, go in and tell the clerk I'm not going to bring any charges since he is carrying legally and it was a dumb mistake, while your in the car freaking out about going to jail, then I come out, give you a very stern lecture about thinking before you act and tell you to be on your way.

And steal a doughnut before I leave!

So why the hell did you get your gun out at a gas station???

 

[SEIndSAM]

To threadjack this, if I was a Cop for a day, I would drive up and down I-65 ticketing all of the jerks driving 3 under the speed limit in the left lane!!

 

[Shots fired...]

Did he remember to take his ski mask off?

 

[MikeDVB]

To threadjack this, if I was a Cop for a day, I would drive up and down I-65 ticketing all of the jerks driving 3 under the speed limit in the left lane!!

I would just do this:
https://www.youtube.com/watch?v=vJjtQKND4W8

Edit: Seems YouTube is having issues - it's a video of a cop lighting somebody up in the fast lane, taking them all the way over to the slow lane, then turning the lights off and getting back to going down the road. Pretty funny.

 

[Signal23]

Steal a doughnut from the gas station rack, shove the entire thing in my mouth, walk out, get in my car and drive away.

Just blew blue surpie through my nose!!

 

[Fargo]

Last I looked, bearing in mind I'm not a lawyer, the IC states pointing a firearm at a person intentionally.

Doing so accidentally while it isn't smart, unless there's a law I missed and that is quite possible, isn't illegal in and of itself.

If you were going to get a summons, I imagine it would be for 'intimidation' but even that IC requires some sort of intent.

Unless the person intentionally pointed the firearm with the intent to intimidate the person I'd probably point out how incredibly not-too-smart their actions were after requesting and verifying their license to carry.

If we are assuming there is no intent and the cop believes there is not intent, I think 35-42-2-2 Criminal Recklessness with a Deadly Weapon is probably as close of a charge as you can get.

I don't know if recklessly pointing a loaded firearm at someone would meet the statute but it might.

I would probably interview everyone involved while recording, get written statements, burn the video, draft a narrative and send it in to the prosecutor's office for review. No one gets arrested. If they decide they want it in PCA form to file and issue a warrant, so be it.

You can't summons a felony so arrest or release are your options. I personally disfavor arrest based on "might be guilty." However, as low of a standard as PC is I think this would be a legal arrest.

Best,

Joe

 

[phylodog]

You used purple, but I agree with this so long as the donut is given too you or you pay for it. No gun out and the guy paid for his stuff, just tell him to get a damn holster and a belt and watch how you handle your gun.

Dude I'd have quit years ago if I had to pay for doughnuts

 

[MikeDVB]

If we are assuming there is no intent and the cop believes there is not intent, I think 35-42-2-2 Criminal Recklessness with a Deadly Weapon is probably as close of a charge as you can get.

I'll look it up. Not being an officer, I was just going from the memory of laws I've looked at myself .

I don't know if recklessly pointing a loaded firearm at someone would meet the statute but it might.

I may be misunderstanding but couldn't the officer issue a summons and leave it up to the prosecutor/judge and/or jury?

I would probably interview everyone involved while recording, get written statements, draft a narrative and send it in to the prosecutor's office for review. If they want it in PCA form to file and issue a warrant, so be it.

Yeah, so long as no harm was done that would probably be the best course - to leave it up to the prosecutor.

 

[JettaKnight]

Does this have anything to do with this thread, HELP: Banned from restaurant for CCW ? Trying to gain a different opinion in a different section of INGO?

 

[Signal23]

OK, YOU'RE the cop, you AGREE with the guy behind the counter, that I am WRONG.

You're Field training officer is with you, he's a crusty jackwagon.........all he says is, What Indaian Code or Law (IC are you using to make your case????

He's eating a doughnut, but he wants an answer by the time he gets the jelly off his tie.....and he's not happy.

GO!!

 

[Signal23]

This may relate to another post.