Carry on ones own property.

[LtScott14]

In the past we have had escaped convicts hiding in barns, deserted homes, sleeping in the cornfields. And they were armed and dangerous.
When the Police know this, maybe they are trying to find them or a lead to apprehend them without you or your family getting hurt.
You are in your rights on your property. If they(Police) think you are doing something illegal, a warrant serving detail may come by. Otherwise, they can find something else to do. You are good to go on your turf.

 

[jgreiner]

What do you do if a cop comes up and starts questioning you/asking for I'd because you are carrying on your own property?

Politely tell him to come back with a warrant. Especially if he came off with an attitude, which often happens to us gun owners.

 

[jgreiner]

Not to me but yes. He was arrested for refusal to ID. Spent the night in jail. Prosecutors didn't charge him with anything as they obviously knew the officers were in the wrong.

Thus it has got me thinking as if you needed to prove you were the property owner or on someone's property and had thier blessing to carry (if you don't have your LTCH)

He should sue for false arrest.

 

[Jack Burton]

There's a 90 percent chance that the direction and outcome of the encounter is going to be determined by the attitude and presentation of the cop as he comes onto your property and up to you.

Even the most hardcore "my rights" people on INGO tend to respond better and more politely to a polite, smiling cop who gives an attitude of really wanting nothing more than to clear up a minor point.

 

[Jack Burton]

Not to me but yes. He was arrested for refusal to ID. Spent the night in jail. Prosecutors didn't charge him with anything as they obviously knew the officers were in the wrong.

Thus it has got me thinking as if you needed to prove you were the property owner or on someone's property and had thier blessing to carry (if you don't have your LTCH)

The SCOTUS has just made it much easier for municipalities to be financially liable for the illegal actions of their law enforcement officials. It may take a few years and another few lawsuits filtering through the system but this kind of nonsense is going to be minimized soon.

 

[jbombelli]

Not to me but yes. He was arrested for refusal to ID. Spent the night in jail. Prosecutors didn't charge him with anything as they obviously knew the officers were in the wrong.

Thus it has got me thinking as if you needed to prove you were the property owner or on someone's property and had thier blessing to carry (if you don't have your LTCH)

Carrying a handgun without a license is neither an infraction, nor an ordinance violation. It's a misdemeanor. So I don't really see how refusing to identify yourself enters into it, since you're only required to identify yourself if the officer has reason to believe you've committed an infraction or an ordinance violation.

I'd be suing the officer, department, township and city for false arrest.

 

[KW730]

Carrying a handgun without a license is neither an infraction, nor an ordinance violation. It's a misdemeanor. So I don't really see how refusing to identify yourself enters into it, since you're only required to identify yourself if the officer has reason to believe you've committed an infraction or an ordinance violation.

I'd be suing the officer, department, township and city for false arrest.

If you refuse to identify when suspected of a misdemeanor you will be taken to jail. The failure to ID law only exists because infractions and ordinance violations are not jailable offences.

 

[jbombelli]

If you refuse to identify when suspected of a misdemeanor you will be taken to jail. The failure to ID law only exists because infractions and ordinance violations are not jailable offences.

So what's the charge if I refuse to identify myself when I'm the suspect in a misdemeanor case? Cite the code so I can look it up. I can totally see it if I'm charged with whatever the misdemeanor is, since that's what I'm suspected of doing.

But I want to see where the charge for refusing to identify yourself comes in.

 

[KW730]

So what's the charge if I refuse to identify myself when I'm the suspect in a misdemeanor case? Cite the code so I can look it up. I can totally see it if I'm charged with whatever the misdemeanor is, since that's what I'm suspected of doing.

But I want to see where the charge for refusing to identify yourself comes in.

It doesn't come in. If you are suspected of a misdemeanor and are asked to show ID and refuse, you will be arrested for the misdemeanor you are suspected of committing. An overzealous officer would probably tack on a refusal to identify charge, but that would be dropped by the prosecutor.

 

[cobber]

It doesn't necessarily make you a bad person, but I think it comes across a bit rude.

The officer should be more concerned about knowing the law, than the citizen about being rude to an officer...

 

[jbombelli]

It doesn't come in. If you are suspected of a misdemeanor and are asked to show ID and refuse, you will be arrested for the misdemeanor you are suspected of committing. An overzealous officer would probably tack on a refusal to identify charge, but that would be dropped by the prosecutor.

That I can see. As long as, of course, he has sufficient probable cause to actually make the arrest.

The refusal to identify would be dropped because it isn't illegal to refuse to identify yourself, except when suspected of committing an infraction or ordinance violation.

 

[darrin5]

Let's say I told the LEO he is on private property, GTFO and leave me alone.

How would this make me a "bad guy" inversely?

Why do I have to prove anything to anyone on land I paid for, own and am not breaking any laws on?

I make friends on my own accord because I choose to become friends with someone. Not because of their occupation and how it may or more likely may not benefit me as a clean up crew.

The odds that I use my firearm to defend my life are much greater than my new cop friends showing up in time to do the same.

Anyone is more than welcome to defend my life and I would be more than grateful, the words are beyond me. But if that means I need to identify myself on my front lawn for no reason other than compliance, I choose to defend myself and the cop in this situation can see his way off my land promptly (that was as polite as I could say it).

Well unless you are one of those guys that do everything by the book such as not speeding ect.... I would not worry BUTTTTTTTTTTTT if you like to drive a little over the speed limit ect...... you may meet him again on his turf and he will probably remember the way you treated him, just a thought

 

[Effingham]

I'd comply, make friends with him, show that I'm one of the good guys, offer him some of my homemade sweet tea, tell him that he and his coworkers are always welcome to stop by and would he mind keeping an eye on my place whenever he is patroling the area.

I know that's not a very INGO thing to say, but it's my honest answer.

This is what I'd do. Why does everyone have to be so confrontational?

 

[LANShark42]

This is what I'd do. Why does everyone have to be so confrontational?

To show how bad-ass they are.

 

[cobber]

This is what I'd do. Why does everyone have to be so confrontational?

If the ossifer wants to talky-talky about the weather fine. If he wants to ID me on suspicion I am an outlaw, ungood.

What's next? I don't want to be rude, so I invite the ossifer to come in and search my house, just so he can be reassured that there's nothing illegal there?

 

[jbombelli]

To show how bad-ass they are.

Coincidentally, that just so happens to be the same reason certain police officers don't just STFU and walk away when they've determined no law has been broken, and choose instead to hang on to someone's LTCH for a while so they can stand there and lecture them and make snarky comments about people who openly carry firearms.

 

[ModernGunner]

I dunno, has never happened in 4 decades.

 

[Burnsy]

Well unless you are one of those guys that do everything by the book such as not speeding ect.... I would not worry BUTTTTTTTTTTTT if you like to drive a little over the speed limit ect...... you may meet him again on his turf and he will probably remember the way you treated him, just a thought

Feelings and emotion have nothing to do with profession or law.

 

[ModernGunner]

Feelings and emotion have nothing to do with profession or law.

That would be nice, if it were true. But that's not how human beings work.

Look at the thread on abortion / anti-abortion as a perfect example how ridiculously emotional yabos get over something that does not pertain to them personally.

They want 'everyone' to stay out of THEIR business and their rights, but don't hesitate to vehemently insist on telling OTHER people what to do. And boy how they 'justify' it!

 

[Burnsy]

That would be nice, if it were true. But that's not how human beings work.

Look at the thread on abortion / anti-abortion as a perfect example how ridiculously emotional yabos get over something that does not pertain to them personally.

They want 'everyone' to stay out of THEIR business and their rights, but don't hesitate to vehemently insist on telling OTHER people what to do. And boy how they 'justify' it!

So you are saying it's ok for an officer to take legal action against me based on a previous interaction with me where he personally disagreed with lawful activity because he or she has the inability remove feelings from profession?