Had a deputy sheriff bust my chops...

[E5RANGER375]

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.

as highlighted in your above post, they must have a GOOD FAITH SUSPICION THAT A CRIME OR INFRACTION HAS BEEN COMMITTED. the deputy or IMPD did not. matter of fact IMPD knew right away he didnt break the law.

yeah i think there is deffinately some K-mart lawyering going on in this thread, with a side of holster sniffing to go with it.

JBusch8899, are you a lawyer?

also, if the OP consented to the detention and offered up his license willingly then he has no claim except to file a complaint on the deputy for not knowing Indiana handgun law (which he should).

 

[sj kahr k40]

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

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

We aren't going to let the facts get in the way of our discussion, we learned that from the anti's.

 

[JBusch8899]

.

 

[YukYuPhat]

This is great convo, and as I live in Speedway, thanks for the heads up!

 

[dubsac]

Its safe to say that he is not a member of INGO.

 

[sj kahr k40]

At least J can admit the cops made a mistake.lol. J you have some very valid arguments but I see it a different way.

 

[Demo]

This is great convo, and as I live in Speedway, thanks for the heads up!

If I'm reading the original post right the OP was at a Speedway gas station. Not in "Speedway". It is illegal to conceal carry in Speedway...

In all seriousness if your going to take the OC plunge be prepared to ignore/tell azz clowns to suck it.

I would have IGNORED deputy dipshizz.

 

[Elkrock777]

he says "well why don't we just step out to my car and I'll call IMPD and they'll come up here and take away your gun and your licence. I said, sir, I'd be more than happy to step outside with you while you call IMPD...

I think a call to his superiors is in order. That being said, the part about being unlawfully detained.. If you read what op says it sounds like he volunteered to the detainment. Still I'm not shure there would have been a better way to handle the situation after the deputy was" puffed up like an ape"

 

[GI JOE]

If i ignored him all together, I think that would have made things look bad on me... I dont want to get the douche in trouble maybe just a chewing out...

 

[Joe Williams]

Well, since you consented to the deputies actions, you don't have a legal complaint. If you'd refused to speak to him or go with him without making him tell you you were being detained, you'd have grounds for civil and criminal complaints, and may have been able to get rid of a bad cop. As it is, perhaps you may still wish to contact the Sheriff and share this tale, along with a suggestion that perhaps he train his deputies before they cause him legal difficulties.

So, I just started open carrying, but I have read the laws and Indiana constitution...
So, I was at speedway gas station on 52nd and Laffayette Rd just a few minutes ago grabbin a pack of ciggs and an ice tea. I was open carrying my 1911, so I got in line and i hear "you can't open cary that"... I ask well who are you? He replied, "im a deputy with the marion county sheriffs dept. I asked if i can see his ID he then askes me for mine, i politely ask him if i can see his first, he whips it out and is like "yea, how about that" (duputy TIM DAVIS for the record)... so I give him my DL and my LTCH. He then procedes to lecture me that Indiana is a conceal carry state only... I dissagreed. So now that he's got his chest puffed out like an ape, he says "well why don't we just step out to my car and I'll call IMPD and they'll come up here and take away your gun and your licence. I said, sir, I'd be more than happy to step outside with you while you call IMPD... So he does, a few minutes they roll up. I was dissarmed and i gave them my DL and my LTCH... They check it and of course Im clean. The LEO comes back with my weapon in hand and says to the now firey red deputy that he checks out and he gives me back my weapon. The deputy is STILL trying to despute that INDIANA IS A CONCEAL STATE ONLY... WRONG, WRONG WRONG... this just happened to me so sorry if this is like a rant.

 

[Scarnucci]

also, if the OP consented to the detention and offered up his license willingly then he has no claim except to file a complaint on the deputy for not knowing Indiana handgun law (which he should).

I have read where we are REQUIRED to cough up our LTCH if asked...my giving that to an officer would not imply consent during that encounter.

Drivers license is another story. Indiana is "Stop and Identify" state, but that of course requires me to be reasonably suspected of a crime, which doesnt sound like the case here.

I would hold onto my drivers license until the LEO got something a little more substantial on me to hold me for. (which hopefully would not happen)

 

[GI JOE]

I liked the ape bit, what can I say haha

 

[sj kahr k40]

I would have IGNORED deputy dipshizz.

Now that's an idea, I wonder what would have happened if GI JOE would have left.

 

[Joe Williams]

Terry v. Ohio grants LE the authority to disarm, cuff, and perform a pat down. There is no basis upon such to report this. However, there is cause to report same for the blatant ignorance of the law in which are charged to enforce.

Only if they have a reasonable, articulable suspicion that a crime has occurred, and that you committed it.

 

[sj kahr k40]

If i ignored him all together, I think that would have made things look bad on me... I dont want to get the douche in trouble maybe just a chewing out...

I want him to get in trouble, I hope you do file a complaint against the deputy.

 

[E5RANGER375]

I have read where we are REQUIRED to cough up our LTCH if asked...my giving that to an officer would not imply consent during that encounter.

Drivers license is another story. Indiana is "Stop and Identify" state, but that of course requires me to be reasonably suspected of a crime, which doesnt sound like the case here.

I would hold onto my drivers license until the LEO got something a little more substantial on me to hold me for. (which hopefully would not happen)

LTCH, yes. drivers license no. i mean drivers license in the above quote. I think the OP handed them both over at the same time though.

I would have told the deputy he needs to go read the Indiana Handgun Law, and politely told him to quit harrassing me. what happened after that would have been up to him, although im sure he wouldnt be happy with the overall outcome if he persisted. basicly he would have kept his mouth shut if he wished to continue to feed his kids by having a job.

 

[GI JOE]

Well, after his comment about taking my weapon and my licence... I went out to my car, leaned on the front while i opened up a can (of iced tea) and sparked up a cig... I said what the hell, call IMPD. Ive done nothing wrong!

 

[Joe Williams]

Carrying a gun is not a reason to by stopped, he was illegally detained and disarmed.

No, he wasn't. Sadly, he agreed to go with the deputy and wait. That constitutes a consensual encounter.

 

[sj kahr k40]

Well, after his comment about taking my weapon and my licence... I went out to my car, leaned on the front while i opened up a can (of iced tea) and sparked up a cig... I said what the hell, call IMPD. Ive done nothing wrong!

Joe, you handled yourself very well, +1 to you.

 

[E5RANGER375]

No, he wasn't. Sadly, he agreed to go with the deputy and wait. That constitutes a consensual encounter.

yep. the OP shouldnt have consented to ANYTHING. OP, did the deputy even ask to see your LTCH and DL or did you just whip those out because you were nervous and wanted to put up the show of compliance?

next time tell them to pound sand. they have the legal right to see yout LTCH, but thats it, unless its a traffic stop or infraction stop. you can play like your a deaf mute and theres nothing they can do.