He wasn't. I should have said "grounds for legal search" instead.Was the OP arrested?
It wasn't clear in the video.
I think the officer said the OP was "detained for now" or something like that.
He wasn't. I should have said "grounds for legal search" instead.Was the OP arrested?
It wasn't clear in the video.
I think the officer said the OP was "detained for now" or something like that.
No I wasnt arrested hw put my gun in my car told mw not to load it until he left and then tme I had old ammo....which my ammo is fine I sarcastically agreed woth him and I left
Once the LTCH was presented, why the driver's license? He was not driving, and he had already presented an ID.
Confiscate the gun? No threatening gestures, no threats made, voice not raised....
Pointing the gun at the OP, great weapons handling there Mr 20+ years Officer.
Did he remove the mag and the chambered round or emptied the entire mag?
Yeah, I thought this wasn't the case. Solely carrying a firearm doesn't, as far as I know, provide just cause for an officer to arrest in Indiana, correct? I thought there had to be mitigating circumstances, like an actual crime being involved.
Thanks for all the support guys, actually thought there would be more negative comments, wait...did I see a negative comment yet? I honestly didn't think I did so well. Looking back there's so much I wouldve said, I was just trying to get done with it cuz I was in a hurry thats why I gave my DL when I knew I didnt have to, then when he grabbed my gun...well im sure you can giess the feelings.
It's criminal offense to carry a firearm in Indiana without a license to carry, Indiana isn't an "open carry" state like others that allow it without a LTCH. So, an officer can ask and you can be arrested for carrying without a LTCH if you don't either provide the LTCH or info for the officer to check.
I would love to hear what some Lawyers think of this whole thing, hoping one will chime in soon.
This^
and holy cow the video is at like 600 views already. And it isnt a public video. Im thinking about making it public now.
IC does discuss seizure of a handgun, BTW. If I understand correctly.. Suspect must be dangerous, and a warrant must be obtained. If no warrant was obtained, the Officer must be able to provide to articulate to the court, IN WRITING, why the suspect was dangerous, and a seizure was performed..
Again.. No, you can't... or should I say.. "No, that is not LEGALLY correct"? CAN they? Sure. Is it legal? Not according to precedent.
United States v. Black, 707 F.3d 531, 540 (4th Cir. 2013) (“Where a
state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify
an investigatory detention.”). Thus, officers stopping an individual for carrying a firearm must be able to
point to additional suspect behavior that led them to believe criminal activity was afoot. There is NO
Indiana statutory authority that permits an officer to stop an individual carrying a handgun
solely for the purpose of verifying the existence of a valid handgun license.
Unless you think the Courts, IMPD, and the lawyers here on INGO are ALL wrong, but YOU are right?
You really think IMPD did this without LEGAL precedent? Without running it by their lawyers? Seriously?