An OC Guide to Protecting Your Rights: What to do when LEO stops you

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  • jedi

    Da PinkFather
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    51   0   0
    Oct 27, 2008
    37,722
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    NWI, North of US-30
    Guys please keep comments to the op. It was made a sticky for the info it shows.
    The others threads eventually got bogged down in off topic comments.
     

    K1LLB0XS373N

    Plinker
    Rating - 0%
    0   0   0
    Dec 31, 2015
    31
    6
    Morgan County
    LEO experience, complete 2nd Amendment supporter. Here's just some tips...
    If a LEO asks you to do something, cool heads always prevail. I'd rather be pissed off and validated through a lawsuit than OC sprayed, tased and handcuffed for resisting. Mind you verbal resistance is just that, resistance. If it is unlawful, sue not only them but the department for a violation of your rights. It's your free will to do so. File a complaint with the department.
    If you open carry you have opened yourself to be a target of a would be assailant as a threat to their goal of whatever crime they want to commit. I open carry as well as CC and I believe IMO it can also deter crime, its a roll of the dice just like life is! As well as you would be open to be ID by a LEO which is lawful to ask for, including your carry permit. I personally have NO issue with anyone open carrying, I think that we as responsible gun owners have a duty to present ourselves in a presentable and responsible manner to neglect any of the common stereotypes of gun owners of any kind!
    There is good and bad in this world of either side of any fence, every situation is different and you can only prepare for them mentally and physically through training and prepardness. I suggest you do just that!
     

    protias

    Expert
    Rating - 0%
    0   0   0
    Mar 4, 2010
    785
    44
    Formerly Greensburg
    LEO experience, complete 2nd Amendment supporter. Here's just some tips...
    If a LEO asks you to do something, cool heads always prevail. I'd rather be pissed off and validated through a lawsuit than OC sprayed, tased and handcuffed for resisting. Mind you verbal resistance is just that, resistance. If it is unlawful, sue not only them but the department for a violation of your rights. It's your free will to do so. File a complaint with the department.
    If you open carry you have opened yourself to be a target of a would be assailant as a threat to their goal of whatever crime they want to commit. I open carry as well as CC and I believe IMO it can also deter crime, its a roll of the dice just like life is! As well as you would be open to be ID by a LEO which is lawful to ask for, including your carry permit. I personally have NO issue with anyone open carrying, I think that we as responsible gun owners have a duty to present ourselves in a presentable and responsible manner to neglect any of the common stereotypes of gun owners of any kind!
    There is good and bad in this world of either side of any fence, every situation is different and you can only prepare for them mentally and physically through training and prepardness. I suggest you do just that!

    Yes, let us bend over backwards for our overlords!

    You'll want to read about the Open Carry Argument. ;)
     

    ART338WM

    Sharpshooter
    Rating - 100%
    2   0   0
    Jun 2, 2013
    426
    18
    Let start by saying I was taught from a very early age to always respect the law and LEO's. I was NEVER as afraid of a LEO as I would have been if I had (than God one never did) been brought home by one, I don't even wish to think of the consequences I would had to have faced from my father had I ever been arrested. Granted back when I was a teenager up till my mid 20's if caught committing a minor offence along the lines of open beer in a car, usually the officer would take down your information, take the beer and let you go with a stern warning. Now it's off to jail for just about anything.

    I strongly as possible recommend you goggle a you tube video titled "why you should never talk to police" the reason given in it by first a person who is both a practicing lawyer and law professor and then a police officer who was in school at the time this video was made to be a lawyer will if you are anything at like me shock you more than you thought possible and educate you about the law and how it is administered equally as shocking.

    I have never been arrested or even close to being arrested, I've never even been threatened with being arrested and after watching that video, if I ever find myself in a position with the police where I might even think or even the SLIGHTEST of chances I'm being considered as a suspect I will say absolutely nothing unless I have a good criminal lawyer present to protect my rights. That's says volumes considering they don't come much cleaner or law abiding than me.
     

    Anima mundi

    Plinker
    Rating - 100%
    1   0   0
    Feb 14, 2016
    136
    18
    Southport
    LEO experience, complete 2nd Amendment supporter. Here's just some tips...
    If a LEO asks you to do something, cool heads always prevail. I'd rather be pissed off and validated through a lawsuit than OC sprayed, tased and handcuffed for resisting. Mind you verbal resistance is just that, resistance. If it is unlawful, sue not only them but the department for a violation of your rights. It's your free will to do so. File a complaint with the department.
    If you open carry you have opened yourself to be a target of a would be assailant as a threat to their goal of whatever crime they want to commit. I open carry as well as CC and I believe IMO it can also deter crime, its a roll of the dice just like life is! As well as you would be open to be ID by a LEO which is lawful to ask for, including your carry permit. I personally have NO issue with anyone open carrying, I think that we as responsible gun owners have a duty to present ourselves in a presentable and responsible manner to neglect any of the common stereotypes of gun owners of any kind!
    There is good and bad in this world of either side of any fence, every situation is different and you can only prepare for them mentally and physically through training and prepardness. I suggest you do just that!

    It's legal for a LEO to ask for ID, sure, but nobody is required to produce ID when ordered unless said LEO can establish and articulate probable cause to believe such a person has committed a crime. If you're alright with only being lightly molested as opposed to getting some hardcore, full-frontal, hands-on action, then yeah, sure, produce ID and be on your way.

    In the same situation, it's legal for an officer to ask if they can take someone's weapon, but if they do it without asking, or coerce the person to do so, it immediately becomes a violation of that person's 4th amendment rights.

    It is perfectly reasonable for an open carrier to affirm those rights by firmly, politely refusing a LEO's request for ID.

    This is also why it's a good idea to always record the police, so there's an ironclad record of what was said and done and by whom.
     
    Last edited:

    AndersonIN

    Master
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    1   0   0
    May 21, 2009
    1,627
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    Anderson, IN
    If they pull on me when I am not threatening anyone then I will pull out on them in self defense until they lower there's first mine will stay up they have no right to pull on u if you aren't doing anything wrong

    Please ask a next of kin to post your viewing times as some on here might want to attend! Thank you!
     

    SteveM4A1

    Master
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    2   0   0
    Sep 3, 2013
    2,383
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    Rockport
    It's legal for a LEO to ask for ID, sure, but nobody is required to produce ID when ordered unless said LEO can establish and articulate probable cause to believe such a person has committed a crime. If you're alright with only being lightly molested as opposed to getting some hardcore, full-frontal, hands-on action, then yeah, sure, produce ID and be on your way.

    In the same situation, it's legal for an officer to ask if they can take someone's weapon, but if they do it without asking, or coerce the person to do so, it immediately becomes a violation of that person's 4th amendment rights.

    It is perfectly reasonable for an open carrier to affirm those rights by firmly, politely refusing a LEO's request for ID.

    This is also why it's a good idea to always record the police, so there's an ironclad record of what was said and done and by whom.

    Actually, they need reasonable suspicion of an infraction or ordinance violation, not probable cause. If an officer in Indiana asks to see your LTCH while you are open carrying, I would politely comply. But that's just me. Hopefully soon we will get the needed changes to the Indiana Code so the default status isn't a felony.

    There are many threads on this btw, but welcome to INGO!
     

    Anima mundi

    Plinker
    Rating - 100%
    1   0   0
    Feb 14, 2016
    136
    18
    Southport
    Actually, they need reasonable suspicion of an infraction or ordinance violation, not probable cause. If an officer in Indiana asks to see your LTCH while you are open carrying, I would politely comply. But that's just me. Hopefully soon we will get the needed changes to the Indiana Code so the default status isn't a felony.

    There are many threads on this btw, but welcome to INGO!

    Thanks for the welcome! It's nice to be among like-minded locals.

    I would also give my license upon request, but then I try to defer to the least confrontational option whenever possible. That said, several federal courts have determined that the simple presence of a firearm does not constitute reasonable suspicion. Same way operating a motor vehicle does not constitute reasonable suspicion.
     

    actaeon277

    Grandmaster
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    4   0   0
    Nov 20, 2011
    93,102
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    Merrillville
    Thanks for the welcome! It's nice to be among like-minded locals.

    I would also give my license upon request, but then I try to defer to the least confrontational option whenever possible. That said, several federal courts have determined that the simple presence of a firearm does not constitute reasonable suspicion. Same way operating a motor vehicle does not constitute reasonable suspicion.

    Why would the feds rule on a matter for the state?
     
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