Had a deputy sheriff bust my chops...

[GI JOE]

Point is, Deputy is a D-Bag but IMPD did the right thing when responding to a MWAG call. Doesn't sound like they unlawfully detained you, they just checked your credentials. They didn't hook you up and toss you in the back of the cruiser... they just made sure they were safe while verifying your information.


Roger that. Im still gonna call the sheriffs dept tommorow and ask to speak with his uppers just so he can be talked to and KNOW THE LAW HE SWORE AN OATH TO UPHOLD...

 

[RegionRaider]

The law is silent but you're going to flaunt it, it might be revised to curb such impoliteness.

 

[IndySSD]

keeping him from leaving past looking at his LTCH was unlawful detainment. they didnt even have the right to see his drivers license

They responded to a MWAG call... checked for warrants and LTCH validity... while the extremist in me wants to say checking for warrants on a MWAG call is questionable, the pragmatist in me says at least 50% of the time you roll up on someone with a gun in that area you're going to find warrants, that he's carrying illegally or he's "Holding". (And I used to work in that area *NON LEO, my job did require me to enter residences there though* so I know what's up in that area).

BTW E5Ranger375, you're still one of my favorites here, I think I just bend a little more than you do on this one because of my friends and family members that are/have been LEO.

 

[JBusch8899]

.

 

[sj kahr k40]

Kahr did you not see where the IMPD officer handed the firearm back to OP and let him continue OC?

Glass houses and stones remember?

Yes he got his gun they stole back, that doesn't make stealing it right.

 

[GI JOE]

BUT just for all to know Im gonna ask this question just to put it out there...

Indiana is an OPEN or CONCEAL state is it not?
the dep. told me i had to cover my oc up with my shirt and that Indiana is NOT an OC state...

 

[sj kahr k40]

True. However there are a number of other on point opinions which otherwise state that LE are held harmless for the mistakes or transgressions, of a non malicious mistake, in their attempt to uphold the law in their official capacities.

I not saying to sue the cops just inform their superiors that they illegally detained and disarmed someone and they need to have a little retraining so it doesn't happen again.

 

[sj kahr k40]

BUT just for all to know Im gonna ask this question just to put it out there...

Indiana is an OPEN or CONCEAL state is it not?
the dep. told me i had to cover my oc up with my shirt and that Indiana is NOT an OC state...

Indiana code is silent on the issue.

 

[GI JOE]

I don't mind being disarmed so that they can check my credentials... thats what they are here for, to make us safe... I just don't like it when an off duty tries to throw his weight around for no good reasen talkin about taking my gun and licence away for nothing...

 

[sj kahr k40]

The law is silent but you're going to flaunt it, it might be revised to curb such impoliteness.

So basically you are suggesting to keep the right to OC that we should CC, how exactly is this supposed to work?

 

[JBusch8899]

.

 

[sj kahr k40]

I don't mind being disarmed so that they can check my credentials... thats what they are here for, to make us safe... I just don't like it when an off duty tries to throw his weight around for no good reasen talkin about taking my gun and licence away for nothing...

A gun in it's holster untouched has no chance of going BANG, that is not true of a gun being handled, safest place for your gun was in it's holster.

 

[IndyMonkey]

A right not exercised is a right lost.

 

[sj kahr k40]

So J you are now suggesting that anyone OCing could be stopped to check if they are legal if a cop in good faith thinks they might be illegal, why wouldn't that applied to a drivers license?

I just read it and it says reasonable suspicion, and wikipedia is very unreliable.

 

[Scarnucci]

Geez, I love the KMart lawyering and cop bashing already.

1. Cops don't have rights. They have authority.

2. A police officer has the authority to stop and detain anyone, disarm them, cuff them, pat them down, identify them, and pose a limited number of questions to them. This would include viewing and confirming the validity of one's driver's license and LTCH.

If one doesn't believe my above statement, I direct you to Terry v. Ohio - Wikipedia, the free encyclopedia, Stop and Identify statutes - Wikipedia, the free encyclopedia, and IC 34-28-5-3, which states:

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.

Where in the OPs version of the events did this infraction take place? I didnt read anything that would lead an officer in "good faith" to believe any infraction took place.

 

[E5RANGER375]

They responded to a MWAG call... checked for warrants and LTCH validity... while the extremist in me wants to say checking for warrants on a MWAG call is questionable, the pragmatist in me says at least 50% of the time you roll up on someone with a gun in that area you're going to find warrants, that he's carrying illegally or he's "Holding". (And I used to work in that area *NON LEO, my job did require me to enter residences there though* so I know what's up in that area).

BTW E5Ranger375, you're still one of my favorites here, I think I just bend a little more than you do on this one because of my friends and family members that are/have been LEO.

thanks for the support!! by the way, even if we argue on here about issues, it still doesnt mean we cant be best friends. clean debate is good. just so you know how i feel. I like your posts too. ok enough with the bro-mance

see percentages of what they find after running ID's is invalid here. I bet if i roll into little mexico in indy and just illegaly stat to check ID's based on ethniticity that 80% of the people I checked would be illegal aliens. but it doesnt make the search right (on a citizen).

MWAG, is not probable cause to view him as a threat. LEO's MUST first ask questions to determin the MWAG's intent. REMEMBER, the LEO's have guns and numbers too and they can always shoot back. they arent poor innocent bystanders. Sorry, they picked a dangerous line of work and must OBEY the laws they also enforce, deal with it.
4 the record, I too have friends and family thats LEO's, and believe me, we get into it over the laws ALL the time. friendly discusions of coarse. I have learned things, but i have also tought them things because of what I have learned on INGO. its a win, win.

i stand by my opinion that everything about this stop was unjust, by the deputy and the IMPD. but i dont realy totaly blame IMPD, because technically the deputy is the one who detained the man, so it was his scene i think. so anything that happened durring it falls back on the deputy in my opinion. IMPD knew he could OC and thats a +1 to them. most all of the IMPD i have delt with professionaly (not in a bad way) have been very knowledgeble and polite. I have seen first hand them get out of line but im not gonna say the person didnt deserve it

 

[sj kahr k40]

Where in the OPs version of the events did this infraction take place? I didnt read anything that would lead an officer in "good faith" to believe any infraction took place.

THIS

 

[Demo]

The law is silent but you're going to flaunt it, it might be revised to curb such impoliteness.

I sincerly do not comprehend your post. Are you saying open carry is "flaunting it?"

I'm unclear and would like clarification before responding.

Thank you-

 

[Indy_Guy_77]

Some of you are carrying on with "illegal search and detainment" stuff...

You do realize that he voluntarily did all of this, right?

 

[sj kahr k40]

First let's ask this question, GI JOE did IMPD inform you of the infraction they thought you were breaking?