Top 5 Court Cases every carrier should know

[mr.steve]

I grabbed some too and a notepad.

 

[jbombelli]

Richardson involved Officer Tanya Eastwood. Clarke involved Officer Tanya Eastwood, as well.

Interesting.


I hope she never pulls ME over...

 

[CathyInBlue]

I noted that as well. She's gonna be famous if she doesn't straighten up.

 

[foszoe]

Kirk and Cathy thanks for the list and also the effort of getting the files on Kirk's list. I have read a couple already. It is just what I was looking for so I can read through this stuff for myself and have an informed discussion here and elsewhere. It ought to at least give me a framework to think about these matters. As I read through I plan to ask some questions

 

[serf]

There is a comprehensive gun law course run by guy on August 25th. Spots were still available yesterday.

 

[stephen87]

Kirk, I'm still waiting on the one about Rhino dancing while armed. Help, please?

 

[Kirk Freeman]

Kirk, I'm still waiting on the one about Rhino dancing while armed. Help, please?

There is no case law. Both the Crawfordsville and Lafayette police are smart enough to steer clear of that.

 

[Double T]

I would think that simply telling the LEO your name, adress, DOB is ok to ID yourself (if not driving), DL (if driving), and when questioned regarding firearms say "nothing illegal" and show the pink LTCH. All questions should then cease re:firearms.

If you are asked further questions, that's where a recorder comes in handy.

Refuse warrantless SnS. And record everything. Know your rights, and know what cse law states. LEO don't know case laws, and IME get frustrated when a "civvie" knows more than them.

Case law is for use in a courtroom, not arguing with a guy in a uniform on a street corner.

The less you say, the better. Especially if you are recording the encounter. If you are being frisked, ask "am I being detained" and if they say no say "am I free to leave?"

It's not too difficult. Understanding what can and cannot be done does not safeguard you against it happening. Citing case law does nothing. Understand what they are violating, and file a complaint or civil suit after the fact. And, mind your p's and q's during the stop.

 

[DC47374]

Great list Cathy......will be very useful. I'll keep the list printed out on a business card.

 

[Somemedic]

(Gregory) Finger v State, 49S02-0311-CR-587 (2003)
FINGER v. STATE, No.
Synopsis to come later. I'm bored with all the legalese.

And that makes 10 cases.

For the record, Justia sucks. They run everything together with no formatting.

...soooo I tried reading through it. What's your take?

 

[Kirk Freeman]

About what? Finger?

 

[DerekBogie]

(Adam) Starr v State, 49A04-0912-CR-677 (2010)
This one kind of blew me away. I was always under the impression that failure to identify had no circumstance on when it can be asked. Learn something new everyday i come to

 

[DragonGunner]

tagged

 

[Birdman002]

THanks for all the posts really educated me on things i should know when i OC

 

[actaeon277]

(Adam) Starr v State, 49A04-0912-CR-677 (2010)
This one kind of blew me away. I was always under the impression that failure to identify had no circumstance on when it can be asked. Learn something new everyday i come to

All he had to do was give his name, address, and date of birth.

quote
The next successive statutory provision, Indiana Code Section 34-28-5-3.5, under which Starr was convicted, provides:
A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
endquote

But I guess the restraining order thing would have been a problem.

 

[Somemedic]

About what? Finger?

Yes sir, about Finger.

Cathy or Kirk?

 

[Kirk Freeman]

Yes sir, about Finger.

Cathy or Kirk?

Finger sez holding onto one driver's license is a detention (but in Finger the circumstances warranted a detention).

Finger would have have gone to prison if he just asked "Am I free to go?" For some reason people WANT to run their baconholes.

 

[jkaetz]

Finger would have have gone to prison if he just asked "Am I free to go?" For some reason people WANT to run their baconholes.

Was there supposed to be a not in there somewhere? My understanding was that he did go to prison.

 

[IndyGunner]