Okay, one more spin-off... If cop asks whether you are armed?

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ArmedBear

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There is no duty to inform, here.

However, the state makes good use of modern technology. Fish and Game can swipe my driver's license and tell whether I have an elk tag for the coming season, and a cop can tell if I have a CWL.

So, at a traffic stop, a cop will know about my CWL.

What if he asks about what weapon(s) I'm carrying?

What's the best response?
 
Yes, I am carrying now officer, how would you like me to proceed?

If he really just asks you what you are carrying, tell him. He may just be curious, but I rather doubt that in most cases. He'll be sizing you up to help him determine if you might be a threat.
 
He'll be sizing you up to help him determine if you might be a threat.

"Well, officer, I've got a Bowie knife in a back scabbard, a sgian dubh in my left sock, a revolver on my right ankle and a .44 stuffed in my pants. You just let me know what you want me to do."

(Yes, that would all be legal in Idaho, with a Concealed Weapon License.)
 
This is where it gets touchy.

You can simply reply with a refusal "I'm not comfortable discussing anything like that with you, am I free to go or are you detaining me?".

While you would be within your rights to do so, this one is just as likely to cause more trouble than it avoids. But strictly speaking it's a perfectly fine response.

Whatever you do, don't lie about it. They can lie to us, we can't lie back to them.

This is one where you have to decide how far you are willing to push. It's not easy to do.

The alternative is to simply tell him where the gun is and hope you don't get hassled for it. I'd probably be inclined to do that. But, I would still not consent to any searches etc.
 
You can simply reply with a refusal "I'm not comfortable discussing anything like that with you, am I free to go or are you detaining me?".

I'm pretty certain that I'd only be in the situation in a traffic stop, so that's probably not going to fly. If a cop stops me on the street, he's not going to be running my ID through a computer. He's not going to see my ID unless he's arresting me.

This is one where you have to decide how far you are willing to push. It's not easy to do.

Yeah, they can waste our time. That's an advantage they have (in addition to the lying thing).
 
Here's what I would do, not that it's necessarily the best:

1. Leave your hands on the wheel
2. "yes sir, I have a CWL permit and I have a handgun in my right front pocket. Would you like to see my permit?"
3. Make slow movements. :)
 
The truth?

Telling police I am armed has gotten me out of a few tickets, and gained me a shooting partner. WHERE I LIVE, when talking to the state and county cops, it is an advantage. I don't remember the last time I talked to a city cop for any reason. I also have veteran plates, and the police are (mostly) well-conditioned to people carrying. I can't say this is the best policy for other people living in different places, but it works here for me. I haven't had a ticket in over ten years.
 
I have thought about this quite a bit. One of two answers:

"I do not consent to any questioning officer, am I being detained or am I free to go."

or

"I have a LTCF and am armed, how would you like to proceed."

I am very interested in how other would handle this.

I would not lie. If for whatever reason you end up in court the fact that you lied will be brought up and your credibility will be out the window.
 
"I do not consent to any questioning officer, am I being detained or am I free to go."

This one is really hard to do out in the real world, but in fact it's exactly what most legal scholars recommend. Pretty much every legal mind there is recommends that you give NO information to law enforcement unless you are legally required.

It sounds mean, or that you dislike cops, or whatever. But the simple truth is that it's in your best interest to do so pretty much all the time. It's just not always the easiest, and cops know that.

It comes across like you are anti LE, or some kind of troublemaker, but that's actually far from the truth. It shows that you truly understand your rights, and how the system works. I would love to hear from cops on this one.

LE, how would you react to that kind of statement "Am I being detained or am I free to go" sort of thing in response to questions?
 
It sounds mean, or that you dislike cops, or whatever.
I don't much care what people think about what I do. When my rights and liberty are at stake, I don't care at all.

I don't want the police to like me. I want them to both enforce and OBEY the law. If making them do that makes them not like me, that's a matter of the greatest triviality to me.

It comes across like you are anti LE, or some kind of troublemaker, but that's actually far from the truth. It shows that you truly understand your rights, and how the system works. I would love to hear from cops on this one.
It's a "fish or cut bait" moment for the cop. If he's got good sense and no RAS or probable cause, he'll move on to the next customer. If he knows he doesn't have RAS or probable cause and doesn't have good sense, he'll push as far as he feels like, lawful or not. At that point, if recording is legal in your state, your audio recorder better be going.

Accepting criminality benefits no one, whether it be on the part of a car thief or a cop who won't obey the law.
 
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Depends on your state laws.

In Florida our CWFL status is not returned on a tag or DL check.

So let's say the officer sees my CWFL in my wallet when I get out my DL (Won't happen for me, but I'll play along)

Depending on the officers demeanor, I'll answer "None"; "A Glock 19 on my right hip and a snubbie on my left ankle, a couple more Glocks in the range bag in the back along with a couple AR's and shotguns.", or "I'm not required to answer that question", or just ignore the question.
 
I do not consent to any questioning officer, am I being detained or am I free to go.

AHAHAHA! I guess if your pockets are deep enough, considering he's probably questioning you at a stop for traffic violation.
 
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AHAHAHA! I guess if your pockets are deep enough, considering he's probably questioning you at a stop for traffic violation.
You lost me here, care to elaborate?

Yeah, I mean if you make it hard on the cop he/she's going to make it hard on you. Expect no warning, no reduction to the fine. I'd rather just say yeah I'm carrying and make it easier on the both of us.
 
Most of the time when interacting with a police officer its not to be arrested. Refusing to speak will spark suspicion and lead to possible detainment. If it is a traffic stop and you tell the cop you refuse to talk to them, and you were pulled over for a warning about tabs are expired or a headlight out you can expect a ticket 100% of the time. So if you want to get a ticket or have a cop bust your balls refuse to speak. Or you can simply answer his questions and don't make any sudden movements.
 
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Originally Posted by ilikepancakes View Post
AHAHAHA! I guess if your pockets are deep enough, considering he's probably questioning you at a stop for traffic violation.
You do understand that you are not required to 'speak' to a LEO, ever, right?

Quote:
I guess if your pockets are deep enough
Yeah, I think they are deep enough for the proceeds from a 1983 Civil Rights violation lawsuit.

Point 1: Yes I understand that.
Point 2: I don't have the money to sue a police department so... same response.

All I'm saying is the times I've been pulled over the officer wants to get done with it and I want to get done with it and usually I come off with just a warning if I am compliant.

The one time I told him I didn't want to discuss where I was coming from at 4am and I'd rather just be on my way I got an awesome fine which the judge even though was ridiculous.

Has anyone ACTUALLY done the "I don't have to talk to you" to a cop? It is your right but it doesn't work out all peachy and if you want to do it, it will cost you $.
 
Yeah, I mean if you make it hard on the cop he/she's going to make it hard on you.

Actually, the more information you give a cop the easier you make it for him to make things harder for you. Which could lead you to go to court which will require really deep pockets.

As far as the deep pockets part. If I get pulled over (which hasn't happened in over 14 years) I would expect to get a ticked. I am not going to kiss a$$ over a couple of dollars.
 
I am not going to kiss a$$ over a couple of dollars.

That's what I'm talking about. I don't consider 200-300 bucks a couple dollars. Maybe tickets weren't as bad 14 years ago. But if it's not a problem for you then that's great I'd totally refuse to talk too.
 
gungin said:
Most of the time when interacting with a police officer its not to be arrested. Refusing to speak will spark suspicion and lead to possible detainment. If it is a traffic stop and you tell the cop you refuse to talk to them, and you were pulled over for a warning about tabs are expired or a headlight out you can expect a ticket 100% of the time. So if you want to get a ticket or have a cop bust your balls refuse to speak. Or you can simply answer his questions and don't make any sudden movements.

When every sharp legal mind in the country, including Supreme Court justices, recommend that you never ever volunteer information to the police, you believe that somehow that advice should be ignored?

OK, knock yourself out......

I would rather get a ticket for some minor traffic issue 100% of the time.

"Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances." - 1949 opinion by U.S. Supreme Court Justice Robert Jackson

Some common "innocent questions" that are actually questions that are meant to get you to confess to a crime or otherwise give probable cause for more probing:

do you know how fast you were going
if you cooperate I'll go easy on you
if you cooperate this will all be over
write an apology to the victim, it's the right thing to do
if you have nothing to hide, you won't mind me taking a look
if you have nothing to hide, you won't mind me frisking you
if you have nothing to hide, you won't mind me opening this
open the trunk let's have a look inside
you don't mind me looking around your car
step out of the car
step away from the car
empty your pockets
empty your purse / wallet
are you carrying anything illegal

Every single one of those things violates your Constitutional rights without your consent, so why in the WORLD would you freely give that consent?

NONE of those things are about "officer safety" or any of that other nonsense. They are questions specifically worded, after many years of Supreme Court rulings, to open the door for further inquiry without violating any rights. If you fall for any of that it's your own fault for being an idiot.
 
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NONE of those things are about "officer safety" or any of that other nonsense. They are questions specifically worded, after many years of Supreme Court rulings, to open the door for further inquiry without violating any rights. If you fall for any of that it's your own fault for being an idiot.

I was with you until this statement. Two of these are very obviously for officer safety:

step out of the car
step away from the car

When you get these two, I already have RAS, and getting you away from your car is absolutely for my safety.

That being said, I love most of those questions. Criminals are idiots, and given enough time, they will say something retarded that incriminates themselves.

And, to be totally honest, the guy who owns up to doing illegal things is going to get a whole lot more leeway from me than the guy who doesn't.

Also, with the advent of racial profiling annual training, this one doesn't apply anymore:
do you know how fast you were going

Which really breaks my heart. I loved asking that question.
 
Answer forthrightly, unless you have recently committed a crime or are a fugitive.

Let's get it over with; we both have more important things to do.
 
Criminals are idiots, and given enough time, they will say something retarded that incriminates themselves.

Given enough time just about anyone will say something retarded that incriminates themselves. If you think you're going to verbally out maneuver a professional interrogator, you're out of your mind. Keep your mouth shut.

A few good videos on this topic:

Don't Talk to the Police

BUSTED: The Citizen's Guide to Surviving Police Encounters

10 Rules for Dealing with Police
 
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