What to do when stopped for carrying a long gun...?

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  • Timjoebillybob

    Grandmaster
    Rating - 100%
    1   0   0
    Feb 27, 2009
    9,563
    149
    Question, are police officers REQUIRED to tell you what infraction or ordinance violation your accused of?

    Yes.

    Yes, it is a right guaranteed by the constitution. When they must tell you is up for debate though.

    Maybe, maybe not. See below.

    Negative. I've had someone claim this in court and lose. Refused to ID on a traffic stop and ended up going to jail.

    On a traffic stop I always got the license and registration and THEN informed what the violation was. The reason for that is simple. I'm not going to argue with you on the road side. Once I have your license if you want to argue, I can just walk back to my car and complete what I need to do.

    You may actually not be following IN code on this. I'm not sure if traffic stops are different from other detentions for ordinance/infractions. It seems to me that the IC states that the officer is to inform first, then obtain ID, and finally issue a warning/summons.
    IC 34-28-5-3
    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.
     

    KW730

    Expert
    Rating - 0%
    0   0   0
    Sep 18, 2012
    845
    16
    Yes.



    Maybe, maybe not. See below.



    You may actually not be following IN code on this. I'm not sure if traffic stops are different from other detentions for ordinance/infractions. It seems to me that the IC states that the officer is to inform first, then obtain ID, and finally issue a warning/summons.

    Good info. Thanks.
     
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