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

[IndianaSigma]

Thanks for the post! Great information and advice.

Some good lines to remember:

I do not consent to any searches of my person or my property.
Am I being detained or am I free to go?
I'd like to exercise my 5th Amendment right to remain silent until my attorney is present.

If the LEOs are detaining you, then they must have a crime they are investigating or reason to believe you have committed a crime or are in the midst of committing a crime.

Remember.......LEOs are allowed to lie to you. YOU are responsible for knowing your rights.

 

[newtothis]

" if you question or interrogate me in the absence of my attorney, you are hereby
advised that I will take all appropriate legal action against you personally, as well as
against your employer"

To my understanding there is no action. Police can still question you however nothing you say can be used against you or even mentioned in court. Unless you waive your miranda warning,

If you start talking, it can be admissable, under the note that you were not asked any questions nor expected to divulge any information. Dont get caught up with that... Ive seen plenty of idiots confess without the detective or officer asking them if they did it, and it can be admitted as evidence.

 

[B27R]

Very informative. Thanks for all your hard work, along w the contributions from the other members on this. Repped!

 

[RobF82]

I think the gov and some Leo's expect us to be sheep. There worst nightmare is a well informed citizen. This info is great. Keep up the good work

 

[Davis0023]

Very good video..a well spent 48m.. I suggest you watch regardless your walk of life.

 

[IndianaSigma]

If you have a camera on, can an officer legally make you turn it off? I see this all the time on tv. How does a camera scare a police officer? Is it just that he doesn't want his actions seen?

No, an officer cannot legally make you turn the camera off. They are a public servant in a public area with no expectation of privacy. They may TELL you to turn it off and threaten that you'll go to jail if you don't, but it will be thrown out.

Some officers think it may lead to them getting in trouble or fired because they cannot handle themselves properly. The officers that don't mind are the ones that are confident that they uphold the law and have nothing to fear.

 

[twisyblackmetal]

That video was excellent. I thank you so much for posting that. Very thought provoking. I have no plans to open carry per se, but I'm going to a range with a bunch of rifle scabbards....

 

[jlfitz]

Very interesting.

 

[runavw]

alright, I have been through several of these pages and the one question i have is if a LEO stops you on the street for nothing, other then you are OC, are you required by law to show your ID when asked. remember your not being detained. what IC is it?

 

[Hoosierdood]

alright, I have been through several of these pages and the one question i have is if a LEO stops you on the street for nothing, other then you are OC, are you required by law to show your ID when asked. remember your not being detained. what IC is it?

You do not have to show ID per the 4th amendment. If a LEO stops you for nothing other than OC, then you must present your valid LTCH if he asks for it. Once you have shown your valid LTCH, he has no reason to detain you since you have sufficiently proven that you are not committing a crime.

Even if you do commit a crime, you still do not have to show ID, although you are required by law to provide your name, address, and DOB.

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.

 

[MolonLabe11B]

Very good info!

 

[EvilBlackGun]

Licensed activity.

"I'm not driving Sir/Ma'am" therefore I do not need to show a driver's license."
"My camera will show the same information as the dash-cam; is this a problem?"

Very good info!

 

[Hoosier.Patriot]

Awesome Post!!!

There is so much opinion out there on this topic, it's so nice to get the facts!

 

[Double T]

I finally had time to sit and watch the whole movie. I am glad to say I passed his retention quiz though :-)

I agree with the whole thing. If you make a statement you then have to defend that. If you don't, then it lies on the prosecution to provide the evidence. :-)

 

[rcdouble2]

That is one of the best life lesson one should know today! I will definetly have an educational moment with my kids on this one!

 

[aikidoka]

Is it true the LTCH is a valid form of ID? Does that mean that LEO only have the right to examine that, if you are not commiting a crime, even if they also ask for your DL?

 

[AndersonIN]

As long as you are not driving you don't have to have a driver's license. So they can't require one from you! Just LTCH if carrying and if not Name, address and DOB!

 

[GLOCK1982]

Great information. I will carry a copy of the text at all times. Granted it is easier to recite now than it would be in that situation. Hopefully if it ever happens we will all remember how to react and what to say.

 

[Kc0218]

Good to know thanks for the advice!!

 

[mbaza3]

I am a pink car holder and I was stopped for speeding by the ISP over the holiday weekend. I ended up with a warning and no discussion of firearms.