Question about traffic stop

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  • finity

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    Mar 29, 2008
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    You should tell the truth if asked.

    Why?

    I'm not trying to be flippant. It's a serious question.

    Can you get in legal trouble for lying to the police about doing something that's perfectly legal? There is no threat, either implied or explicit.

    Granted you (the cop) may noy be HAPPY if you find out otherwise but what can you really legally do?
     

    j706

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    Why?

    I'm not trying to be flippant. It's a serious question.

    Can you get in legal trouble for lying to the police about doing something that's perfectly legal? There is no threat, either implied or explicit.

    Granted you (the cop) may noy be HAPPY if you find out otherwise but what can you really legally do?

    Well I was brought up to be honest and I have always tried to be. Lying to the police will not get you anywhere good. Why would you even consider lying about something legal? I guess I am confused.

    As for your last question any break you might have got will be null and void. The title 9 statutes are huge. A person that knowingly gives a officer a hard time in the performance of their duties...well you will get what you get.:twocents: I do not take being lied to very well. And it seems that most of the people I deal with had rather lie than breath.
     
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    finity

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    Well I was brought up to be honest and I have always tried to be. Lying to the police will not get you anywhere good. Why would you even consider lying about something legal? I guess I am confused.

    Well, you know as well as I that there are many cops who will freak at the thought of a non-LEO carrying a gun, especially during an "encounter" in which the presence of the firearm is irrelevent.

    At that point it goes beyond just being honest into a rights issue & beyond that a possible safety issue for me (see the many threads relating how a cop who handles an unfamiliar firearm sweeps the owner or worse).

    Just because I have nothing to hide it doesn't mean I want to tell the world (or in this case a LEO) my legal/personal business. I don't find it any different that a cop asks me if I have a legally carried gun on me than a person randomly walking down the street. It's none of either's business.

    So can you LEGALLY do anything about it or not?
     

    JoshuaW

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    So can you LEGALLY do anything about it or not?

    IANAL so I wont answer that one. I want to present a middle ground though. Why not just tell the officer if he asks. Tell him (or her) what you have, and where you have it. If they request to inspect your firearm, that is the time to enact your fourth amendment rights. You can even do that tastefully: "Officer, wouldnt it be safer for both of us if we avoided unnecessarily handling my weapon? May I lock it in my glovebox?" The officer may or may not take kindly to that, but I think they will respect that more than being lied to. If they insist, either let them or not. Its your choice. If they push the issue, flat out tell them "No thank you, I am exercising my fourth amendment rights. I am not consenting to any search of my property."
     

    finity

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    IANAL so I wont answer that one. I want to present a middle ground though. Why not just tell the officer if he asks. Tell him (or her) what you have, and where you have it. If they request to inspect your firearm, that is the time to enact your fourth amendment rights. You can even do that tastefully: "Officer, wouldnt it be safer for both of us if we avoided unnecessarily handling my weapon? May I lock it in my glovebox?" The officer may or may not take kindly to that, but I think they will respect that more than being lied to. If they insist, either let them or not. Its your choice. If they push the issue, flat out tell them "No thank you, I am exercising my fourth amendment rights. I am not consenting to any search of my property."

    It seems to me it would be easier to handle it like any other overly intrusive question & not answer it. That way the whole potential safety/rights issue never comes up. But that's just my opinion.

    Unless, of course, there are legal ramifications to lying about a legal activity. That's what I'm trying to figure out.
     

    vitamink

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    Something to consider though is if you choose to go that route there is 100 different ways to get into your car. For example if the speed limit at the 65/70 split is 50mph and you're doing 80, the police may pull you over. They may ask if there is a gun in the car and you reply "none of your business". That'll raise some suspicion that you're hiding something and now your (possibly) simple ticket has blossomed into an arrest for reckless driving followed by a legal search of your car. I don't think it's worth it personally.
     

    j706

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    Well, you know as well as I that there are many cops who will freak at the thought of a non-LEO carrying a gun, especially during an "encounter" in which the presence of the firearm is irrelevent.

    At that point it goes beyond just being honest into a rights issue & beyond that a possible safety issue for me (see the many threads relating how a cop who handles an unfamiliar firearm sweeps the owner or worse).

    Just because I have nothing to hide it doesn't mean I want to tell the world (or in this case a LEO) my legal/personal business. I don't find it any different that a cop asks me if I have a legally carried gun on me than a person randomly walking down the street. It's none of either's business.

    So can you LEGALLY do anything about it or not?


    Well whatever dude. A firearm on a traffic stop is my business. Do what you think is right. But when you do don't come on here later whining about the outcome.
     

    finity

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    Something to consider though is if you choose to go that route there is 100 different ways to get into your car. For example if the speed limit at the 65/70 split is 50mph and you're doing 80, the police may pull you over. They may ask if there is a gun in the car and you reply "none of your business". That'll raise some suspicion that you're hiding something and now your (possibly) simple ticket has blossomed into an arrest for reckless driving followed by a legal search of your car. I don't think it's worth it personally.

    That's true. The cops can definitely make your life more difficult for not bowing down to their "authitah". But the search in the above scenario would be justified regardless of the truthfulness of having a legally caried firearm. Now if they trump up some reason to make your life miserable just because they found out you lied to them, that should be punished by the same legal system used to punish when we go outside the confines of the law..
     

    Jar_Head

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    All officers in the state have access to determine if you have a valid LTCH either by computer or phone to ISP, really it’s only to check if it's valid. An officer my remove and hold your firearm during the stop if you tell him you are carrying a gun. The point of a LTCH is it’s a permit and it must be a valid permit for someone to carry. The officer may run the guns serial number to check for stolen which they find sometimes it is more common than most people realize. The gun can be taken back to the car for the officer’s safety while he checks the permit. Keep in mind there are a lot of people, criminals, who will falsify a LTCH in order to carry out criminal acts. The officer should always give it back to you if you are legitimate and 100% of the time you will find it’s returned unloaded.
     

    finity

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    Well whatever dude. A firearm on a traffic stop is my business.

    Not if you aren't threatened by it. Just like a knife or a club or a screwdriver.

    Do what you think is right. But when you do don't come on here later whining about the outcome.

    You never answered the question.

    Can you legally do anything to me for lying about not having a legally carried firearm? Or to get off the touchy subject of guns (imagine that, guns are a touchy subject een on a gun board. go figure) can you do anything, legally, if I lie to you about where I've been? Or where I'm going? Or what color my socks are?

    Can you do anything to me, legally, if I lie to you about some legal activity?
     

    sj kahr k40

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    If the officer is going to call it in anyway what is the point of carrying the license, all you really need is the number to have it checked by a LEO.
     

    vitamink

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    Nothing can be done directly for lying, but as i said officer discretion will probably not fall in your favor if your gun is found out.
     

    j706

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    Not if you aren't threatened by it. Just like a knife or a club or a screwdriver.



    You never answered the question.

    Can you legally do anything to me for lying about not having a legally carried firearm? Or to get off the touchy subject of guns (imagine that, guns are a touchy subject een on a gun board. go figure) can you do anything, legally, if I lie to you about where I've been? Or where I'm going? Or what color my socks are?

    Can you do anything to me, legally, if I lie to you about some legal activity?

    Ummm...I think I answered both of those questions.
     

    j706

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    If the officer is going to call it in anyway what is the point of carrying the license, all you really need is the number to have it checked by a LEO.

    Because you are required by law to carry the license when you are carrying the weapon. I have never called in or ran a computer check when presented with a permit.
     
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