Stopped and detained by Beech Groves Finest

[KG1]

IC is also pretty clear as to the fact that the state must show clear and convincing evidence that the person is dangerous, and that it happens in the court that owns jurisdiction over the *citizen*. So if I was jerked around in Marion county, mr. Marion county LEO gets a lovely trip to Vigo County to explain to a non-Indy judge why this middle-aged, ltch-holding, two tickets in his whole life guy was judged to provide "imminent" risk, since the "documented evidence" one clearly won't fly. IANAL, but that seems like a pretty high bar.

Exactly and another thing I wanted to point out was that it looks to me like the OP's 4th amendment rights were also violated by the backup officer as well who reached in the vehicle and took possession of the AR without any discernible reason to believe the OP was dangerous and the kicker is you don't even have to have a license to carry a rifle.

But atleast one poster in this thread thinks there was'nt a problem at all in what took place and thinks the rest of us need to get educated.

 

[Bunnykid68]

Over 10 years ago, I honestly don't remember.

Though I do remember that the yutz didn't know how to unload a Glock.

You are much smarter now then you were then, your rights were violated, unless for some reason you think you were a threat

 

[Bunnykid68]

What and how do we know anything.?

The general location is provided, but I don't know the area's criminal activities.
Doesnt matter
We know the time is after dark, but what time? Is it 9pm, or 3am? What is the ability to view anything without the assistance of a flashlight?
Doesnt matter
Does the make, model, condition of automobile contribute to an officer's suspicion? Should it?
Doesnt matter
What is the demeanor of the driver?
Matters a little
I could go on, but you get the point that the totality of the circumstances equate to an officer's assessment of the situation.

Answers in red

 

[Ted]

You are much smarter now then you were then, your rights were violated, unless for some reason you think you were a threat

I didn't make it a point of asking him of the reasonable suspicion, but I would likely be a better judge of it than you.....seeing as I was actually there.

 

[Ted]

Answers in red

Please explain the rationale for you answers.

 

[JetGirl]

I do remember that the yutz didn't know how to unload a Glock.

Just out of curiosity, what would happen if during a "disarming for officer safety", the officer was confiscating a firearm unfamiliar to him/herself and had a negligent discharge injuring the driver (or passenger) of a car or doing damage to property (car itself or contents)?
Has this ever happened?

 

[Ted]

Just out of curiosity, what would happen if during a "disarming for officer safety", the officer was confiscating a firearm unfamiliar to him/herself and had a negligent discharge injuring the driver (or passenger) of a car or doing damage to property (car itself or contents)?
Has this ever happened?

I'm sure that such an AG/NG has occurred from such.

Though I'm not an attorney, I'm also sure that something about strict liability would enter the picture.

 

[Bunnykid68]

What and how do we know anything.?

The general location is provided, but I don't know the area's criminal activities.
People have to drive thru areas because they live in them
We know the time is after dark, but what time? Is it 9pm, or 3am? What is the ability to view anything without the assistance of a flashlight?
People get off work at all times
Does the make, model, condition of automobile contribute to an officer's suspicion? Should it?
Some people cannot afford nice cars
What is the demeanor of the driver?
This one matters a little
I could go on, but you get the point that the totality of the circumstances equate to an officer's assessment of the situation.

here

 

[KG1]

What and how do we know anything.?

The general location is provided, but I don't know the area's criminal activities.

We know the time is after dark, but what time? Is it 9pm, or 3am? What is the ability to view anything without the assistance of a flashlight?

Does the make, model, condition of automobile contribute to an officer's suspicion? Should it?

What is the demeanor of the driver?

I could go on, but you get the point that the totality of the circumstances equate to an officer's assessment of the situation.

Yes you could go on like you usually do but the officer has to articulate why he felt this particular person was a threat that needed disarming.

 

[Bunnykid68]

I didn't make it a point of asking him of the reasonable suspicion, but I would likely be a better judge of it than you.....seeing as I was actually there.

But you said you didnt remember

 

[Ted]

Thus my argument of the totality of the circumstances.

While one little thing may not be able to articulate someone as dangerous, could a dozen little things be considered reasonable? I would argue yes.

 

[Ted]

But you said you didnt remember

My lack of clear and complete recall is still better with you not being there.

 

[Bunnykid68]

My lack of clear and complete recall is still better with you not being there.

But, but, I could have been so helpful then

 

[VN Vet]

The Secret of the Rifle Mount.....

For the record..........................thirdly my AR was secured in the vehicle and anything short of a cutting torch or my key wasnt getting it out of the vehicle while I shopped.

Come on now, this has been going on long enough. SNS, will you please tell us how the Officer took your AR from your Jeep (assumed) so easily and quickly? Inquiring minds want to know. I know I do.

You must have given the Officer your key.

You all can continue with your discussion of the Laws that cover the various very good points of argument covering the essence of our 2nd and 4th Amendments. :>)

 

[KG1]

Thus my argument of the totality of the circumstances.

While one little thing may not be able to articulate someone as dangerous, could a dozen little things be considered reasonable? I would argue yes.

I would argue no if it does'nt have anything to do with the specific person that was pulled over.

Just because it's dark out or there is poor lighting or the type of vehicle someone is driving that doesn't have anything to do with it unless maybe it fits the description of a subject that was involved in a violent crime.

I don't believe from the incident related in the OP that any of this was the case. It appears he was pulled over because he had a headlight out and not because he fit the description of a possible armed and dangerous criminal.

 

[Jack Burton]

Thus my argument of the totality of the circumstances.

While one little thing may not be able to articulate someone as dangerous, could a dozen little things be considered reasonable? I would argue yes.

I wasn't aware that driving a particular make of car made someone eminently dangerous. That's why I love the net... I learn something new every day.

 

[KG1]

I wasn't aware that driving a particular make of car made someone eminently dangerous. That's why I love the net... I learn something new every day.

Well it used to be but they outlawed Pintos quite a few years ago.

 

[Denny347]

Nope, if they can Articulate the reason why...

Otherwise, yes it is Assclownery....

 

[jeremy]

What I learned from this thread...

I never want to be pulled over while BK is in the Vehicle with me...
I have a feeling I would end being shot with him trying to "help"...

 

[MrsGungho]

What I learned from this thread...

I never want to be pulled over while BK is in the Vehicle with me...
I have a feeling I would end being shot with him trying to "help"...

I wouldn't be anywhere with bk.. just saying