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

[ATM]

Personally, while I see the deterrent nature of OC, which I think is much safer in numbers, I also know that the bad guy is not going to OC, and he is usually going to try to identify his biggest threat before he acts. The whole idea of CC is that you have the upper hand in secrecy if you happen to be present during a bad situation. If you OC, especially without other people to watch your back, you stand a strong chance of being the first person shot in the back of the head...

The OP has asked that OC vs. CC be discussed elsewhere.

How about here: https://www.indianagunowners.com/fo...lf_defense/37307-common_oc_cc_threadjack.html

 

[StandingReady]

Sorry, my bad.

 

[Hayseed_40]

Before you crucify every cop who interacts with you study up on the law. They are people trying to protect people like you from criminals. Not perfect.

I have searched many cars where the person felt I had no constituional right to search - they would have sworn on their mother's grave that I did not. But I have spent many hours studying it and take pride in not violating rights. If I have the legal right to search your car - I will - despite your who your defense attorney is and who your mother knows. If at any time I cannot find an answer, I side with the civilians rights. I have been at stops where I would bet a paycheck that there was contraband in the car. But if I had no right searching I finshed the stop and let them on there way.

Be aware that most depts now have video and audio and everything (I mean EVERYTHING) is recorded. I like it - I have no problem with how I conduct myself. Arresting other officers for OWI or chasing bulls on camera it is all there.

I can also attest that MOST cops are the same way. Take it easy on the cops and do not expect them to be a jerk. Be nice, comply, LISTEN to what they say and know your rights. Not just for safety, but for other reasons I do not argue on the side of road - like it or not that is not the place. If it is approprtiate in the situation, I will explain everything to the arestee (procedures, jail terms, etc) - but is some it is not appropriate.

 

[ATM]

If you have a right to search, go ahead and search.

If you ask to search, you probably don't have the right and I won't waive it for you to do so.

Simple.

 

[Hayseed_40]

If you have a right to search, go ahead and search.

If you ask to search, you probably don't have the right and I won't waive it for you to do so.

Simple.

Also remember if I am searching based solely on your consent, you have the right to revoke consent at any time during the search.

 

[ATM]

Also remember if I am searching based solely on your consent, you have the right to revoke consent at any time during the search.

Thanks. That scenario won't likely arise, but good to know.

 

[Frank_N_Stein]

Also remember if I am searching based solely on your consent, you have the right to revoke consent at any time during the search.

Thanks for giving away one of our secrets. Geez.

 

[Timjoebillybob]

I have searched many cars where the person felt I had no constituional right to search - they would have sworn on their mother's grave that I did not. But I have spent many hours studying it and take pride in not violating rights. If I have the legal right to search your car - I will - despite your who your defense attorney is and who your mother knows.

I can also attest that MOST cops are the same way. Take it easy on the cops and do not expect them to be a jerk. Be nice, comply, LISTEN to what they say and know your rights. Not just for safety, but for other reasons I do not argue on the side of road - like it or not that is not the place.

Just to nit pick but you have no right to search, you may have the legal authority in some cases though.

And I'll comply to the degree I feel that I'm required to and maybe more, I won't forcibly resist but I may verbally.

Thanks for giving away one of our secrets. Geez.

 

[radar8756]

I've put the statements into a tri-fold card, including the Bit about OC/CC for clueless officers:

PDF on Scribd:

Indiana Pocket Gun Card

Thanks for the info ... unfortunately Scribd now requires you to purchase a membership to download/print document

I'm still new here ... but does INGO have storeage available for this type of document?

 

[henktermaat]

Thanks for the info ... unfortunately Scribd now requires you to purchase a membership to download/print document

I'm still new here ... but does INGO have storeage available for this type of document?

Try this (they delete the file after 30 days)

http://freepdfhosting.com/3b219ec019.pdf

I'd love it if INGO could allow attachments...

 

[SirRealism]

Recording a conversation with a police officer is not an offense.
~LT

Just as a reminder, in some states it is a felony to record your conversation with a cop. I'm sure you probably meant Indiana, given that this is INGO, but just thought I'd clarify that. Take a step over that state line and record a cop, you're in a world of hurt.

Illinois: Where Recording On-Duty Cops Is Treated Like Sexual Assault - Hit & Run : Reason Magazine

 

[SirRealism]

Be aware that most depts now have video and audio and everything (I mean EVERYTHING) is recorded. I like it - I have no problem with how I conduct myself. Arresting other officers for OWI or chasing bulls on camera it is all there.

Evidently, not most of IMPD: https://www.indianagunowners.com/forums/break_room/130661-cameras_for_cops.html They rely on us to record.

 

[jedi]

Just as a reminder, in some states it is a felony to record your conversation with a cop. I'm sure you probably meant Indiana, given that this is INGO, but just thought I'd clarify that. Take a step over that state line and record a cop, you're in a world of hurt.

Illinois: Where Recording On-Duty Cops Is Treated Like Sexual Assault - Hit & Run : Reason Magazine

Thanks for the tip. Yes the guide is for INDIANA only. Wonder if I can still edit the main post? In any case it's crazy to even think of going over to that backyard state next door.

 

[Chase515]

Wow! Excellent post! Printing cards as I type. Pleading the 5th has always been my motto! Now I realize how important it is to lawyer up! I was unaware you could refuse a vehicle search! I have had a few searchs that i didnt think were needed. Cop pulled me over after leaving Burger King one night and said he detected the odor of pot! I was pissed because I have never messed around with drugs. He searched while I was cuffed in his car then let me go. WTF Next search was after being pulled over for a head light out only He claimed he smelled alcohol in the vehicle so he needed to search! Both times like a dumbass I submitted knowing I was innocent! How many Rights our the People of the United States going to let our Local, State, and Federal government infringe upon?

 

[T_V]

Alot of info to remember in the moment. But thanx for the info.

 

[ElsiePeaRN]

Terrific post. I learned a lot. From the "Don't Talk to Police" video, I'm left with a small question:

At a traffic stop, what IS the correct answer to the question "Do you know how fast you were going?" or "Did you see that stop sign back there?"

 

[ATM]

At a traffic stop, what IS the correct answer to the question "Do you know how fast you were going?" or "Did you see that stop sign back there?"

The correct answer is always in the form of a question:

That question is, "Why am I being detained?"

 

[protias]

Terrific post. I learned a lot. From the "Don't Talk to Police" video, I'm left with a small question:

At a traffic stop, what IS the correct answer to the question "Do you know how fast you were going?" or "Did you see that stop sign back there?"

Admit to nothing and if you receive a ticket, fight it in court.

 

[ElsiePeaRN]

The correct answer is always in the form of a question:

That question is, "Why am I being detained?"

Ahh... great answer! Thanks, ATM!

 

[ElsiePeaRN]

Admit to nothing and if you receive a ticket, fight it in court.

Yes, the "admit to nothing" part, I get. But I guess I was wondering, if I answer the question, "No, officer, I don't know how fast I was going." well, THAT doesn't get me anywhere, and of course I know how fast I was going, I looked at the speedometer as soon as I saw the lights in my rear view mirror. He'd just say, "Well, you should know.. let me tell you..." If I say "Yes, officer, I was going 90 in a 55" well, that wouldn't work either

I like ATM's answer on this. Something like, "Why did you stop me, officer?" puts it back on him and I've admitted nothing and not lied either.