Question about duty to inform

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  • Hogie08

    Plinker
    Rating - 0%
    0   0   0
    May 13, 2012
    24
    1
    My question is that in a state such as Ohio where you have a duty to inform an officer that you are carrying, does this apply if you are just an occupant in a car that is stopped? I'm pretty sure I read somewhere that it is the driver that is being stopped not the passengers. I'm not sure if this was an Indiana thing or what. Any of you guys have any more information on this?
     

    eachitandi

    Plinker
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    0   0   0
    Mar 3, 2014
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    Plymouth
    If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer who approaches the vehicle while stopped that the licensee has been issued a concealed handgun license and that the licensee currently possesses or has a loaded handgun;*

    Lawriter - ORC - 2923.126 Duties of licensed individual.
     

    Dead Duck

    Grandmaster
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    53   0   0
    Apr 1, 2011
    14,062
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    .
    As he's walking up to the car, stick your head out your window and yell -

    "I've Got A Gun!"

    He'll inform you on what you should do next.











    Ya - Don't do that.

    It's a stupid law because we all know the bad guys don't inform anyway.
    Let him know right away because if you delay in informing, that's some kind of violation all by it's self.

    Someone will be along shortly to post the video of that famous incident.
     

    ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
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    Michigan is also a "duty to inform" state, but their code doesn't really mention a passenger. It just says that if you are "stopped (detained)" by a police officer.

    Is a passenger detained in the course of a routine traffic stop?
     

    SouthernStar25

    Grandmaster
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    13   0   0
    Dec 6, 2013
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    West Of The Fields
    Michigan is also a "duty to inform" state, but their code doesn't really mention a passenger. It just says that if you are "stopped (detained)" by a police officer.

    Is a passenger detained in the course of a routine traffic stop?

    In the case of California v. Brendlin, the U.S. Supreme Court noted that a passenger is in fact detained during the course of a traffic stop.
     

    Hogie08

    Plinker
    Rating - 0%
    0   0   0
    May 13, 2012
    24
    1
    I'm loving all of the purple. I will make sure to do just that if I'm ever in such a situation.

    Also thanks to you guys for the serious answers as well.
     
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