being detained...

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lastditch

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I have friend who was recently the victim of a fishing expedition during a stop by the local highway patrol. While I have much admiration for the boys in blue, man did they have it wrong this time. When my friend ask, " Am I under arrest or am I free to go ?", one of the officers snapped the braclets on him and stated, "Niether, I'm conducting an investigation and your being detained." Please advise what the proper response in this situation would be.


Many thanks in advance.
 
This is a question you should ask an attorney. You will get from keep quiet and say nothing to go ahead and answer their questions. The correct answer is, "it depends". Sorry, but this is not something that can be covered by a quick answer.

LNK
 
Ummm.....perhaps you should clarify the obvious: was anything illegal found by the LEOs during this 'fishing expedition'?
 
What is the question here? I think, when he was cuffed and told he was being detained, it became clear he was not free to leave. Trying to do so at that point would likely have resulted in a "detention extension."

It was an appropriate question, but the "friend" left out another choice, which happened to be the one the trooper was exercising. It would simply be easier to ask "Am I free to leave, or am I being detained?" The latter would include investigatory detentions, and actual arrests.
 
That should not really matter as in order to perform a search, they would need PC or consent, or feel that imminent danger could result from not searching. There is something about official overreach that some of us find bothersome. Funny things about warrantless searches....Makes police work so much easier...

Just to let you know, I am not anti cop. Just expect police to follow the law also...

LNK
 
Absolutely nothing illegal was found. He was cutting through a bad nieghborhood trying to quickly get to the throughway in the early morning hours in an attempt to get an early start on his weekend fishing trip. He is a CCW holder and presented his documents along with his license as is required in my state, even though he was not carrying at the time. He was taken out of the car and his car was searched, for what he still doesnt know. After he repacked his gear he said the officers were talking among themselves out of earshot and he said they stangley seemed hesitant about letting him on his way. This is when he asked the initial question of the OP. Believe me, the most radical thing this guy may have had was a six pack of Coke or his Sunday school lesson to study before returning. After being detained about 15 minutes he said the officer uncuffed him, thanked him for his cooperation, and sent him on his way.
 
lastditch said:
He is a CCW holder and presented his documents along with his license as is required in my state, even though he was not carrying at the time.

What state requires you to even carry your CCW license, let alone show it to police, when not in possession of a firearm? That's like saying you have to have your driver's license on you to ride a bicycle.... :banghead:
 
I am pretty sure I would call and file a complaint at this point for the illegal search. Saying nothing just reinforces that proper procedures don't have to be followed. Other than that, they are allowed to detain you for a short amount of time, so there is not much you can do. Unless they begin to harass him for complaining...

LNK
 
I am pretty sure I would call and file a complaint at this point for the illegal search. Saying nothing just reinforces that proper procedures don't have to be followed. Other than that, they are allowed to detain you for a short amount of time, so there is not much you can do. Unless they begin to harass him for complaining...

LNK

Phone calls don't amount to a hill of beans. I would do it in writing.

Sent from my mind using ninja telepathy.
 
Navy LCDR
North Carolina requires both operating license and CCW presented in the event of a traffic stop and I believe this is regardless of whether you're actually carrying at the time or not.
 
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