Question for you LEO folks .

[Mannelite]

I don't think its as complicated as most of the people are making it out to be. You ask the officer if you are being detained, he has to tell you yes or no, if he dodges the question ask him again, if you are being detained (even "temporarily detained") you have to provide ID. If he says you are not being detained then you ask if you are free to go. If you're not being detained then they must let you go. They have 2 choice, 1. Detain you, 2. Not detain you. If they choose 1 you have to provide ID. If they choose 2 you can just walk/drive away, just ask them or let them know first so they don't shoot you in the back.

 

[falshooter]

 

[bigtattoo79]

just ask them or let them know first so they don't shoot you in the back.

LOL that’s funny stuff……

 

[MOTOR51]

I don't think its as complicated as most of the people are making it out to be. You ask the officer if you are being detained, he has to tell you yes or no, if he dodges the question ask him again, if you are being detained (even "temporarily detained") you have to provide ID. If he says you are not being detained then you ask if you are free to go. If you're not being detained then they must let you go. They have 2 choice, 1. Detain you, 2. Not detain you. If they choose 1 you have to provide ID. If they choose 2 you can just walk/drive away, just ask them or let them know first so they don't shoot you in the back.

You are correct, but for the love of god please get the phrase right, “am I being detained or am
I free to leave”. I’ve heard so many people try to ask me that but butcher it up.
They ask if they are being resisted, apprehended, etc. I always have to correct them and tell them the correct words to say. We do get a good laugh out of it though back at the Krispy Kreme.


Sent from my iPhone using Tapatalk Pro

 

[pgh2160]

Not a debate dude. You asked for the law.

This is one of those topics that is going to go off the rails really quick, just wait.

 

[pgh2160]

As I read LA 215.1 (A), Gives LEO the authority to demand, But does not require you to answer.

 

[AdvancedLaser]

As I read LA 215.1 (A), Gives LEO the authority to demand, But does not require you to answer.

LRS 14:108 (B)(1)(c)

 

[buttanic]

While on the subject of police. I have a CHP, I know that if stopped while driving I have to notify the officer. What about if my wife is driving her car with me along for the ride. Her car is registered in her name not mine so there shouldn't be any linkage between her car and my CHP.

 

[krotsman]

Hell yeah, this is post of the month!!!!!

FTP!!!!!!

Snitches
Get stitches

We do get a good laugh out of it though back at the Krispy Kreme.

I know this thread is old, but I just read it, since it popped back up. I'm glad I did. Lookit you, brightening my Monday, coming at me with jokes!

 

[WhereIsIt?]

While on the subject of police. I have a CHP, I know that if stopped while driving I have to notify the officer. What about if my wife is driving her car with me along for the ride. Her car is registered in her name not mine so there shouldn't be any linkage between her car and my CHP.

Back of the card says nothing about who a car is registered to..

It says "whenever you are detained by a police officer, you will immediately inform".

So if you are detained, inform. If not.. Then don't.

Tactitools and blanket statements... Welcome to Bayoushooter.

 

[Big H]

If you ain't done nothing wrong and just being an a**hole identify yourself---the LEOs (in most cases) are out there to protect YOU and others. IMO!!!

 

[krotsman]

Back of the card says nothing about who a car is registered to..

It says "whenever you are detained by a police officer, you will immediately inform".

So if you are detained, inform. If not.. Then don't.

Someone correct me if I'm wrong, but I believe that a traffic stop is a temporary detention, whether you are driver or passenger, so if you are carrying, your are obligated to inform the officer.

 

[Fordfella]

LRS 14:108 (B)(1)(c)

I'm not an attorney, nothing I say should be construed as legal advice.

To put resisting arrest statutes into perspective you should first be familiar with the John Bad Elk decision. You should be familiar with it before ever putting on a badge!!!

Bad Elk v. United States - Wikipedia

en.wikipedia.org

 

[thperez1972]

I'm not an attorney, nothing I say should be construed as legal advice.

To put resisting arrest statutes into perspective you should first be familiar with the John Bad Elk decision. You should be familiar with it before ever putting on a badge!!!

Bad Elk v. United States - Wikipedia

en.wikipedia.org

You should be familiar with it and with any subsequent court decisions relative to it. If someone bases their actions solely on that case, they are setting themselves up for failure.

 

[AdvancedLaser]

I'm not an attorney, nothing I say should be construed as legal advice.

To put resisting arrest statutes into perspective you should first be familiar with the John Bad Elk decision. You should be familiar with it before ever putting on a badge!!!

Bad Elk v. United States - Wikipedia

en.wikipedia.org

Well a lot of us ARE very familiar with it.

 

[AdvancedLaser]

You should be familiar with it and with any subsequent court decisions relative to it. If someone bases their actions solely on that case, they are setting themselves up for failure.

Bingo.
This.

And to go a step further, the humor of using a single case as the point of argument for actions in the only state with Napoleonic code.

 

[thperez1972]

Bingo.
This.

And to go a step further, the humor of using a single case as the point of argument for actions in the only state with Napoleonic code.

And a 122 year old case at that.

 

[CatCam]

I don't think its as complicated as most of the people are making it out to be. You ask the officer if you are being detained, he has to tell you yes or no, if he dodges the question ask him again, if you are being detained (even "temporarily detained") you have to provide ID. If he says you are not being detained then you ask if you are free to go. If you're not being detained then they must let you go. They have 2 choice, 1. Detain you, 2. Not detain you. If they choose 1 you have to provide ID. If they choose 2 you can just walk/drive away, just ask them or let them know first so they don't shoot you in the back.

THIS 100%. I'm not showing ID to ANY LEO unless I am being detained, other than that he can F-off.

 

[Fugum]

Back of the card says nothing about who a car is registered to..

It says "whenever you are detained by a police officer, you will immediately inform".

So if you are detained, inform. If not.. Then don't.

Tactitools and blanket statements... Welcome to Bayoushooter.

The state police website states "when any peace officer approaches a permittee in an official manner or with an identified purpose, the permittee shall" notify him he's carrying a weapon, submit to a pat down, and allow the officer to temporarily disarm you.

Personally, I would consider a traffic stop to be an official manner, and wouldn't matter if I was the driver or passenger.

As a concealed carrier, I have duty to inform and produce ID if stopped. I don't recall seeing anything that gives me the option to disregard this rule if I don't agree with the reason for being stopped.

 

[Fordfella]

And a 122 year old case at that.

A Supreme court decision. Does the constitution expire? Did you swear to uphold, defend, and protect, or did that expire as well?

While on the topic of expiration....Can a grown man get a circumcision, or is there a cut-off date?