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Cop FREAK'S out when guy denies him to search his car

Discussion in 'Off-Topic Discussion' started by RJALLDAY702, Mar 18, 2012.

  1. Mar 19, 2012 at 10:32 PM
    #41
    1980

    1980 Well-Known Member

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    I like the way that the officer told the gun carrier his name. If someone is nice enough to introduce themselvef then I'll usually tell them my name too. However, the Supreme Court has ruled that you must identify yourself to police if asked in a state that has a statute requiring it.

    Laws requiring suspects to identify themselves during investigative stops by law enforcement officers do not violate the Fourth Amendment, and do not necessarily violate the Fifth Amendment​

    California has no such law as of yet so the individual was within his rights not to identify himself. However, you must identify yourself in the following states, depending on the circumstances:

    Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Rhode Island, Utah, Vermont, Wisconsin

    In my state the law states that you must first be a suspected of a crime or intent to commit the same before you can be legally required to give ID.

    22-2402. Stopping of suspect. (1) Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand of the name, address of such suspect and an explanation of such suspect's actions.​

    Just carrying a shotgun or rifle out to your truck usually won't get you a second look by police in most of the state, nor will having a holstered handgun if you are outside a city. However, If I saw someone carrying an AKM, two pistols and a shotgun in a public place I would probably suspect him of something myself, even though he might only be taking his gun collection over to show his cousin.
     
  2. Mar 20, 2012 at 5:18 AM
    #42
    bethes

    bethes Señorita Member

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    I see your point, I'm not disagreeing. But laws like this almost seem silly. If you're following the rules, you do it. If you aren't following the rules most likely the cop finds out if you're in an altercation or caught doing something else wrong. So it just becomes one of those "... and related charges..." things. I'm not sure how helpful it is.

    And if you have a concealed weapon you need a concealed weapons permit, right? Isn't that the ID you should show an officer if you're carrying?

    Here's my thing: that officer has a gun. The last thing I want is a nervous guy with a gun. If he finds a gun I didn't mention, I'll quickly become acquainted with the business end of his gun. This is something I want to avoid, so if I was carrying I'd hand over my permit immediately, without being asked. Also when I get pulled over I turn on the dome light in my truck and keep my hands on the steering wheel. Anything so that cop knows I mean him no harm. I think it comes across well to the officer, but the truth is I just don't want him to shoot/tase/pepper spray me.
     

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