SBPD LEO Encounter

[Bill of Rights]

Driving without a license is also illegal. Do they have a right to detain you until you prove you have a valid license?

I see your point. Another one of those gray areas..

We can always count on someone to jump in with this same, almost word for word question when this comes up.

No... the SCOTUS has clearly ruled that merely driving a vehicle is not sufficient reason to stop a person even if the possibility exists that he doesn't have a valid license.

There is no comparable ruling when it comes to carrying a firearm.

It is illegal in Indiana to carry a handgun in public UNLESS there are mitigating circumstances. Any law officer has the right and power to stop and discern if you fall under these mitigating circumstances when he sees you carrying a handgun.

Let me repeat exactly what I have already said. In Indiana, you are required to have a valid license to carry a handgun on your person.

Still with me?

The necessity of a license means it is by default illegal.

Still understanding, right?

That means, if you are seen carrying a handgun, and an officer wishes to bother you about it, he is well within his legal right to do so. Once you produce proof of a valid license you are free to be on your way.

Now, when you attempt to bring up the whole driver's license thing again, I will just laugh because it has been refuted at least twice now.

Very close. The officer is within his legal authority. As an agent of government, he has authority and power, but not rights. He's still a man, and as a man he has rights, but neither authority nor power over other men. The distinction is important. And for those wondering, the SCOTUS case is Delaware v. Prouse.

Also, as of post #120 in this thread, I've issued two infractions so far for namecalling. If no other mod has issued an in-thread warning, this is it.

If you can't discuss things civilly, then add the other person to your ignore list and actively ignore any posts where they are quoted. If anyone needs help with the ignore list function, please contact a member of the staff and ask; we'll be happy to help.

Blessings,
Bill

 

[bigus_D]

Retracted.

 

[churchmouse]

The 911 call would shed a lot of light on the response.

My thoughts as well. If it not someone going spastic stretching the truth then LEO response was over done.

OP........you got out of there for a mere .20 cents............Wow

 

[DragonGunner]

Here you go.

Aimless: Land of the Free, Part I

Excellent read~!!! Hopefully some here will finally get it....? What a bunch of scumbags in Putman Co. I was hoping for some kind of lawsuit against them....how else are they ever going to learn....?

 

[Birdman002]

My thoughts as well. If it not someone going spastic stretching the truth then LEO response was over done.

OP........you got out of there for a mere .20 cents............Wow

Yes they want cash there, no change either.

I handed her a dollar and she was like I can't make change haha

 

[searpinski]

I don't know if anyone has said this already (someone probably has), as there are 49 pages of replies, but the most disturbing part of this whole story is that someone called the police about a man walking with groceries and a holstered pistol. What kind of criminal carries groceries and a holstered pistol? Criminals conceal their weapons. This brings to mind a recent case in Seattle or some other similar West Coast city where tons of people called 911 on two men with unloaded ar-15s on their backs in a park. People are so afraid of...everything.

 

[reesez]

I don't need to PM Guy, or anyone else. I'll just listen to the Indiana Court of Appeals. Get back to us after you've read this: http://www.in.gov/judiciary/opinions/pdf/06221001lmb.pdf

I do see what you did there.

Here you go.

http://aimlessryan.blogspot.com/2011/01/land-of-free-part-i.html?m=1

And you as well.

Retracted.

And as a result I concur with this guy.

Thank you for those links good sirs. I believe I have learned something today.

 

[Valvestate]

I don't know if anyone has said this already (someone probably has), as there are 49 pages of replies, but the most disturbing part of this whole story is that someone called the police about a man walking with groceries and a holstered pistol. What kind of criminal carries groceries and a holstered pistol? Criminals conceal their weapons. This brings to mind a recent case in Seattle or some other similar West Coast city where tons of people called 911 on two men with unloaded ar-15s on their backs in a park. People are so afraid of...everything.

stolen groceries?

I'm surprised people aren't afraid enough to stay indoors forever. Sad, sad, sad.

 

[Birdman002]

They wanted my brownie boxes

 

[LanceRobbins24]

Well the results you all have been waiting for. Something I had to pay 20 cents for haha.

Incident Type DIS-A
There were 3 officers dispatched for this call, Ofc Cummins, Ofc Baker, and Ofc Drury. They didnt put on the report the other 2 units that were there. The remarks state On the bridge a M/W khaki pants and BLK sweater has a handgun strapped to his leg, he is on the bridge walking NB.
Subject had handgun permit, nothing further.

I requested the 911 call as well so hopefully shall see what goes on with that.

I wonder if i can get the footage from the dashcam as well probably will cost me a few hundred dollars haha

you can request the dashcam video at the cop shop as well...it is around 20 bucks from what I remember and they put on DVD for you...I know from when I was pulled over OC'ing on my Harley last Sept. The officer initiating the stop didn't have a dashcam, but the backup did.

 

[Birdman002]

Nice well that will be another thing i request i suppose, idk this incident isnt really worth it i suppose nothing happened that wasn't illegal just a over reaction to me carrying my firearm.

If it keeps happening however then idk just deal with it i suppose

 

[CPT Nervous]

Nice well that will be another thing i request i suppose, idk this incident isnt really worth it i suppose nothing happened that wasn't illegal just a over reaction to me carrying my firearm.

If it keeps happening however then idk just deal with it i suppose

I'm tellin' you, man. Let's do rifles over there.

 

[LanceRobbins24]

I was in the exact same train of though as you were right when my stop happened. I thought, screw that...he can't pull me over on my motorcycle just for open carrying. Then after I did my research and realized after the initiating officer saw my pink permission slip, he pretty much dropped pursuing anything further and sent me on my way...there really wasn't anything too out of line. Should I have been stopped just to check my permission slip, probably not. Is it something I could have filed a complaint on, maybe, but the officer was polite and didn't make a big scene out of my interaction. The back up officer made some comments after I was on my way that appeared on the dashcam...something along the lines of "He must think he is some sort of John Wayne wannabe". Whatever.

In all the years of me open carrying, that was really the only time a SBPD or SJCPD has ever even asked to see my LTCH. I have had officers from both departments see me in public OC'ing and not even batted an eye. I guess my view on it is OC isn't quite the norm still, so they (the local PD's) have a little getting use to it to do. I'm happy to help them understand our rights to carry how we see fit in a non threatening polite way. If they choose to go the opposite route and seriously infringe on my rights, I'm sure Guy would be happy to "Relford" them

 

[Birdman002]

Of course, he said there might be a violation of my 4th right however he said the courts would probably state since i told them where it was then it was like giving them consent, however the officer should have stated he was going to before he took my wallet out.

 

[LanceRobbins24]

Any of you planning on getting out in the elements this evening for the 2A North meeting at Kodiak (6:30)....I'll be there

 

[Birdman002]

I wish i have class tonight and its a exam so can't skip

Thanks though

 

[LockStocksAndBarrel]

I'll be absent. Take notes for me Lance...